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The power of shareholders to remove directors in South Africa: Legal framework and processes

The power of shareholders to remove directors in South Africa: Legal framework and processes

May 22, 2024 | Corporate and Commercial Law

In South Africa, the Companies Act of 2008 sets out the legal framework that enables shareholders to remove directors from a company’s board. This mechanism is vital for maintaining accountability and ensuring that the directors align with the strategic...
Conflicting interests between directors and companies

Conflicting interests between directors and companies

Jan 31, 2023 | Corporate and Commercial Law

The Companies Act 71 of 2008, also known as the Companies Act, is a legal framework that governs the operation and management of companies in South Africa. One of the key sections of this act is Section 75, which deals with the duties and responsibilities of directors...
The death of a shareholder: what happens next?

The death of a shareholder: what happens next?

Jun 18, 2020 | Corporate and Commercial Law

A shareholder can be defined as a person, whether natural or juristic, who owns shares or stock in a company. A person can be a sole proprietor or owner of 100% of the shares, or a part shareholder where for example they own 30% of the shares. But what happens when a...

Recent Articles

  • What builders, developers and agents need to know about the new Housing Consumer Protection Act
  • Unmarried fathers’ rights in South Africa: Care and contact explained
  • NB!! Lodgement of Form LLL in the Deeds Office
  • Rule 43 applications in South Africa: A crucial mechanism in divorce proceedings
  • Notarial authentication of documents by a Notary Public in South Africa
  • Notary services: when do I need them?

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  • Heritage (1)
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Related Articles

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Criminal Law

  • Evicting a tenant
    Eviction notice for a tenant
  • Driving under the influence – a sobering thought
    Driving under the influence
  • Getting a criminal record expunged
    COVID-19 and the national lockdown will leave many South Africans unemployed and some will have a criminal record from breaking lockdown regulations.
  • Euthanasia: Legal ambivalence
    Euthanasia is not protected by the South African Constitution.
  • Constitutional Court groundbreaking judgment: legalising cannabis in South Africa
    The Constitutional Court ruled that cannabis is legal in South Africa.

Debt Collection

  • The importance of proper recordkeeping in commercial recoveries
  • What to do when a client owes you money
    debt recovery for a business
  • Commercial recoveries: choosing the right court
    Commercial debt recovery enables a business to recover outstanding debt, plus interest and incurred costs from a debtor.
  • Emoluments attachment orders
    An Emoluments Attachment Order is a debt collection process whereby the judgment creditor can deduct part of the salary of the judgment debtor.
  • How the National Credit Act impacts the in duplum rule
    Debtors must be mindful of debts and the implications of the in duplum rule.

Family, Divorce and Matrimonial Law

  • Unmarried fathers’ rights in South Africa: Care and contact explained
  • Rule 43 applications in South Africa: A crucial mechanism in divorce proceedings
  • New divorce law comes into effect for Muslim marriages
  • Hague Abduction Applications: Seeking the return of children wrongfully removed or retained
  • Relocating with a minor child: Is consent required for moving to another country?

Litigation and Dispute Resolution

  • What are the legal steps a landlord in South Africa must follow to evict a tenant for non-payment of rent?
  • Understanding tenants’ rights and penalties for early lease termination in South Africa
  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa

Insolvency Law

  • Optimising director strategies during provisional liquidation in South Africa
  • How to liquidate a company in South Africa and the effect on shareholders
    liquidating a company
  • Rehabilitation after sequestration
    Rehabilitation enables a person who has been sequestrated to make a fresh start, free from debts and restrictions.
  • What does it mean to be sequestrated?
    Sequestration is defined as the surrender of an individual’s estate to the High Court under the governance of the Insolvency Act.
  • How does a company get wound up?
    In Insolvency Law, we often get asked: how does a company get wound up?

Labour and Employment Law

  • Disciplinary action based on an employee’s social media conduct
    Disciplinary action based on an employee’s social media conduct
  • Solidarity Trade Union and Dis-Chem’s transformation policy
  • Unfair labour practices in the workplace
  • How Labour Law treats racism in the workplace
    The consequences pertaining to racism in the workplace may be severe should an employer or employee be found guilty.
  • Impact of COVID-19 on the workplace
    As a direct result of the lockdown, many businesses are currently unable to conduct operations.

Litigation and Dispute Resolution

  • What are the legal steps a landlord in South Africa must follow to evict a tenant for non-payment of rent?
  • Understanding tenants’ rights and penalties for early lease termination in South Africa
  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa

Corporate and Commercial Law

  • Understanding suretyship agreements in South Africa: Legal requirements and their importance
  • The power of shareholders to remove directors in South Africa: Legal framework and processes
  • The validity of forfeiture clauses in South African law: Balancing buyer and seller interests in agreement cancellations
  • Conflicting interests between directors and companies
  • Protection of minority shareholder rights in South Africa

Criminal Law

  • Evicting a tenant
    Eviction notice for a tenant
  • Driving under the influence – a sobering thought
    Driving under the influence
  • Getting a criminal record expunged
    COVID-19 and the national lockdown will leave many South Africans unemployed and some will have a criminal record from breaking lockdown regulations.
  • Euthanasia: Legal ambivalence
    Euthanasia is not protected by the South African Constitution.
  • Constitutional Court groundbreaking judgment: legalising cannabis in South Africa
    The Constitutional Court ruled that cannabis is legal in South Africa.

Insolvency Law

  • Optimising director strategies during provisional liquidation in South Africa
  • How to liquidate a company in South Africa and the effect on shareholders
    liquidating a company
  • Rehabilitation after sequestration
    Rehabilitation enables a person who has been sequestrated to make a fresh start, free from debts and restrictions.
  • What does it mean to be sequestrated?
    Sequestration is defined as the surrender of an individual’s estate to the High Court under the governance of the Insolvency Act.
  • How does a company get wound up?
    In Insolvency Law, we often get asked: how does a company get wound up?

Litigation and Dispute Resolution

  • What are the legal steps a landlord in South Africa must follow to evict a tenant for non-payment of rent?
  • Understanding tenants’ rights and penalties for early lease termination in South Africa
  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa

Maritime and Shipping Law

Regulatory Law

  • High Value Goods Dealers now accountable under FICA
  • The Voetstoots clause and what it means for property buyers and sellers
  • Latent defects: when is the Consumer Protection Act applicable?
    When a latent defect is present, it means that the product lacks the quality promised in terms of the sales agreement.
  • The Voetstoots clause and property sale agreements
    The Voetstoots clause means that property is sold 'as is'.
  • Restaurants: can they charge a non-refundable deposit for reservations?
    Restaurant booking fees are legal and non-refundable within certain conditions.
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