Insights

April 24th, 2019

Requirements for Mergers and Amalgamations

The Companies Act, 71 of 2008 (“the Companies Act “), has brought a significant change in the manner South Africa implements and perfects mergers and amalgamations. With a complete paradigm shift, it aligned South Africa with international best practices and the statutory merger provisions adopted a U.S. style approach in relation to the requirements and procedures. This article takes a look at the requirements as set out in section 113 read with section 115 of the Companies Act.

April 23rd, 2019

Selling Your Business? Consider These 4 Things First!

You have built your business for years and poured blood sweat and tears into the value creation.  Now ready to sell, be sure not to waste all your efforts by stumbling over the last hurdle and rushing the sale process.

There are several important issues that need to be considered when selling a business. You need to consider them meticulously, and make sure your sale of business agreement accurately reflects your agreement with your purchaser in relation to these important points.

April 18th, 2019

4 Points to Consider When Setting Up An Employee Share Ownership Plan (ESOP)

An Employee Share Ownership Plan (ESOP) allows SMEs and Start-ups to award shares or share options to key employees and members of their team. This is a creative tool used by many companies who are struggling to keep up with the counterpart corporate salaries being offered and struggling to attract and retain top talent.

April 16th, 2019

How to Register a Company: A Step-By-Step D.I.Y

March 27th, 2019

Buying and Selling of a Business

Selling and or buying a business involves several important steps to ensure a smooth handover to a new owner – which steps include conducting a proper due diligence, preparing enforceable contracts, risk management and contract review, negotiations, delivery and settlement implementation.

March 26th, 2019

Legal Partner For Your Business

March 26th, 2019

Preference Shares

When a company needs to raise more funds, it can either take out a loan (debt financing) or issue more shares in exchange for funds (either through a public or private issue of shares).

March 12th, 2019

Who Really Controls Your Company? Board Meetings, Resolutions, Quorums and Voting Explained

Introduction:

When it comes to the control of a company, the Companies Act, 71 of 2008 (“the Act“) expressly provides that the business and affairs of a company must be managed by or under the direction of the board of directors (“the Board“). The Shareholders own the company and appoint the Board. When decisions need to be made on behalf of the company, the directors must pass different types of board resolutions. The Board has a fiduciary duty to manage the affairs of the company in the best interests of shareholders.

February 26th, 2019

Venture Capital Funding

Venture capital is a term that’s frequently thrown around when the discussion turns to getting new ventures off the ground. While most know that it’s a source of funding, not everyone knows exactly its inner workings.

February 26th, 2019

8 Legal Solutions Framework

Introducing O’Reilly Law’s unique 8 #LegalSolutionsFramework.

February 26th, 2019

Breach of Contract! What Now?

Introduction

It is extremely frustrating when a contracting party isn’t keeping up with their end of the deal.

Simply put, a breach of contract, means an unjustifiable failure or refusal to perform in terms of an agreement. When this happens, the innocent party may be entitled to either cancellation of the agreement and claim damages, alternatively demand specific performance. The strategy and forum you choose at this stage is key in terms of cost-efficiency and overall risk management.

November 19th, 2018

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