Articles

Secret Profits

The question which arises with the introduction of the new Companies Act 71 of 2008, is having regard to the provisions of section 75 of the new Act, what is happening to the rule on corporate opportunities as has developed in the common law?...

Restraint of trade

The Constitutional Court has emphasised that all contractual terms are now subject to constitutional values as contained in the Bill of Rights...

Coming on “radar”

For decades South Africans have utilised nominee shareholders to hold their shares in companies in order to ensure that their shareholdings remain “off the radar”....

Lifting the ownership veil

At common law it is quite permissible for the registered holder of a share(s) to do so as an agent (or nominee) for the owner or beneficial shareholder of those shares....

Penalty Clauses – Don’t be too harsh!

Penalty clauses are a common and often essential provision in commercial contracts. The enforceability of these clauses is, however, not always straight forward and the prudent businessman is well advised to acquaint himself with the general legal principles around them....