Pre-Emptive Rights and Sale of Shares Provisions for Shareholders

By |2021-03-01T11:29:34+00:00March 1st, 2021|Commercial Law|

The precise mechanism, governing to whom and in what proportions shares in a private company should be sold when a shareholder is no longer going to hold shares, is important for all shareholders to be satisfied with.  This could occur for any number of reasons, such as simply wishing no longer to be involved in the company, to death of a shareholder.

COVID-19 and Business Rescue: Where to start?

By |2020-10-05T06:47:25+01:00October 4th, 2020|Commercial Law, Litigation|

The purpose of BR in terms of the Act is thus to give ailing companies a chance to return to trading on a solvent basis or alternatively, to maximise the returns of the creditors and stakeholders of the company. This happens by restructuring the entity, under the control of a Business Rescue Practitioner (“BRP”) and subject to the approval and participation of its creditors.

Virtual Commissioning of Documents

By |2021-04-06T11:10:44+01:00September 30th, 2020|Commercial Law, ICT Law|

When we have any documentation commissioned, we essentially swear, by providing proper identification, before someone who has the authority to administer an oath (such as a police official, an attorney, a charted accountant, etc.), that we understand the content of the documentation and find it binding on our conscience. The commissioner confirms this by placing his/her signature and stamp. Usually this is a process done face to face but with these unprecedented times of living in lockdown and trying to reduce the spread of infection, it may be wise to consider alternative means of commissioning.

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