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S76 of The Companies Act

Piercing the corporate veil under Companies Act 71 of 2008

Corporate Governance and Administration Dec 2019

Looking at the Companies Act in specific section 76 where directors and prescribed officer's fiduciary duties towards the companies and its stakeholders are codified.

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Directors’ misconception of what their obligations and liabilities are

Corporate Governance and Administration Nov 2019

Explaining the real obligations and liabilities for directors in line with the Companies Act.

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Close corporations

Debunking the myths about Close Corporations

Corporate Governance and Administration Nov 2019

Looking at myths about Close Corporations (CCs) as certain business owners still maintain an outdated view that CCs are the most favourable legal entity for operating a small business in South Africa. 

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Tacit term in legal agreement

What is meant with a “tacit or implied term” in a legal agreement?

Corporate Governance and Administration Oct 2019

Understanding tacit terms when it comes to the interpretation of agreements which can result in a lengthy litigation process. Everyone should be vigilant when it comes to agreements to ensure that a comprehensive agreement is concluded to mitigate future conflicts relating to tacit terms.

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Directors and Companies Act

What is the Director’s Protective Mechanism as per the Companies Act?

Corporate Governance and Administration Sep 2019

Looking at directors and fiduciary duties and what directors should do in order to avoid situations of liability for breach and dereliction in line with the Companies Act.

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Guide to whistleblowing

A Survivor’s Guide to Whistleblowing

Corporate Governance and Administration Jun 2019

Understanding the ethical importance and necessity of whistleblowing by ensuring that employers and employees fully grasp the relevant procedures and policies governing whistleblowing.

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The implications of value shifting arrangements in respect of share transactions

B-BBEE (broad-based black economic empowerment) Corporate Governance and Administration Feb 2019

Discussing the implications of value shifting arrangements in reference to share transactions and issuing of shares.

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Information Compliance

How South African legislation links to Information Compliance

Consumer Protection Corporate Governance and Administration POPI Act Nov 2018

Looking at the Constitution of South Africa in specific Information Compliance and why a company's information strategies should support its business objectives and comply with relevant legislation. 

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Transparency and Accountability as per the Companies Act

The importance of transparency and accountability as per the Companies Act

Corporate Governance and Administration Oct 2018

Explaining the real impact of transparency and accountability in the South African corporate sector in accordance to the Companies Act.

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Tips on choosing the best legal structure for your business

B-BBEE (broad-based black economic empowerment) Corporate Governance and Administration Aug 2018

Explaining the individual legal structures for businesses and their different consequences in terms of personal liability, taxes, admins costs etc.

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