Company Law

Company law has changed significantly in recent years. The Companies Act No. 71 of 2008 which came into effect on 1 May 2011, has implications for all businesses.

The new Companies Act has been modernised and brought into line with international best practice, and it has been made less prescriptive than the previous one - making it easier to understand and apply.

The old Memorandum and Articles of Association have been replaced by the Memorandum of Incorporation (“MOI”). Directors have been given more power than before, but also more responsibility. Directors need to be aware of their rights and responsibilities so that they minimize their risk of personal liability for reckless or negligent acts.

We are registered with the Companies and Intellectual Property Commission (CIPC) and we can assist our clients with the following :

  • Registrations of new companies
  • The drafting of the constituting documents for Companies including the all-important Memorandum of Incorporation
  • The drafting of shareholders agreements and the review of existing shareholders Agreements which may need to be amended in the light of the new Act and your company’s Memorandum of Incorporation
  • Drafting sale of shares agreements
  • Company searches, director searches and name availability searches
  • Company name reservations and extensions of name reservations
  • Registrations and renewals of defensive company names
  • Company name changes
  • Director appointments and resignations
  • The filing of annual returns
  • Applications for the re-instatement of deregistered companies or close corporations
  • Review of existing Memorandum and Articles of Association, and the adoption of a new Memorandum of Incorporation to ensure compliance with the Companies Act 2008
  • Advice and input in relation to the Companies Act 2008, the Consumer Protection Act 2008 and other relevant legislation
  • The conversion of close corporations to companies
  • Drafting sale of member’s interest agreements
  • Drafting association agreements governing the relationship between members of a close corporation
  • Amending a close corporation’s details on CIPC
     

Contact persons for this area of practice:

PartnersKhadija Dockrat
 

Khadija Dockrat
 
 
 
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