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Author archives: info@asinghattorneys.co.za
DISTRIBUTIONS AS A SHAREHOLDER
If you are a shareholder and are either directly or indirectly impacted by distributions being made within the Company, this article will help you understand the basic concepts, requirements, and consequences of Distributions as a Shareholders
RECOGNISING AND ADDRESSING PARENTAL ALIENATION SYNDROME
Parental Alienation Syndrome or Parental Alienation (“PA”) is a very tricky problem in modern day families and has become a rising issue in divorce matters. It is a grave concern for many Courts around the world in custody or contact disputes. Although there is no legal specificity on it, it was coined by psychiatrist in the 1980’s known as Richard Gardner
Breather for Creditors; Beware for Debtors
Commercial debtors and creditors (veteran and inexperienced) are generally aware of the Golden Rule when it comes to debt collection. It is a very old yet deadly rule; it would appear, however, that creditors and debtors alike appear to have limited understanding of this rule in the practical sphere.
REMOVAL OF DIRECTORS IN TERMS THE COMPANIES ACT
The legislative framework surrounding the removal of Directors from a Company is governed by Section 71 of the Companies Act, 71 of 2008 (“the Act”). However, removing Directors can also be catered for in the Memorandum of Incorporation of the Company or its Rules.
REPRESENTATION AND ACCOUNTABILITY ON UNDERTAKINGS BY COMPANIES
It is an age-old practice for people to establish comfortable working relationships with others for commercial reasons. Benefits such as ease of business transactions, trust, and compatibility are just some of the many benefits that derive from such relations
HOW CAN MY TRADE SECRETS BE PROTECTED IF I DO NOT HAVE A RESTRAINT OF TRADE?
From a business perspective, restraints of trade (“Restraint”)) are useful tools to protect business interests, goodwill, and promote fair competition. The succinct purpose of a Restraint is to protect an Employer’s “trade secrets, goodwill and business connections.
THE IN’S AND OUT’S OF CONTRACTOR’S LIENS
A “lien” is a form of security, the strongest form of security, recognised in South African Law. Let us delve into an explanation of the application of contractor’s liens.
Update on recent Family Law matters
Rule 43 of the High Court Rules allow for parties who are engaged in pending divorce proceedings to institute an application in the same Court for interim relief pertaining to aspects of parental rights and responsibilitie
WHERE DO I STAND IF MY CONTRACTUAL PRE-EMPTIVE RIGHT IS DISHONOURED?
It is not uncommon to see companies nowadays, in a thriving and competitive corporate world, try to protect business interests and service relations with the specific aim of maximising duration of secured profits at a reduced risk to the company.