Tag: Company Law

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In Company Law , General news , Maponya News

Employers Practice Liability

Maponya Attorneys
In South Africa, there is an average of 800 employee versus employer cases a day at the CCMA. Of these, at least half are won by the aggrieved employee. The CCMA can award up to 12 months of an employees’ salary if you’re on the wrong side of, for example,...
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August 8, 2019 by Maponya
In Company Law , Constitutional Law , Maponya News

Removal of Directors: Does it constitute dismissal under the Labour Relations Act?

Maponya Attorneys
The Companies Act No. 71 of 2008 (‘’the Act’’) regulates the removal of directors. A director of a company may be removed as a director in terms of section(s) 71 (removal of directors) and 137(5) (effect on shareholders and directors) of the Act. Under section 71 of the Act a...
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May 15, 2019 by Maponya
In Company Law

Appointing the best BRP

Maponya Attorneys
The fiduciary duties of the BRP (business rescue practitioner) are defined by legislation and by the many roles the BRP plays in the business rescue proceedings. These duties include acting with the utmost trust, loyalty, good faith and confidence, to the benefit of all stakeholders in the business rescue process....
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August 22, 2016 by Maponya
In Company Law

Piercing the Corporate Veil

Maponya Attorneys
Piercing the corporate veil through the shadow of “trusts”. The notion "piercing the corporate veil" remains one of the most contested areas of litigation within the corporate law context, yet it is the least understood subject. The general principle is that companies or corporate entities are regarded as legal entities...
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March 28, 2016 by Maponya
In Company Law

Demoting SARS

Maponya Attorneys
Sometimes called a foreign phenomenon, business rescue comprises proceedings to facilitate the rehabilitation of a company that is financially distressed by providing interalia temporary supervision of the company and the management of its affairs. In the well known matter of SARS v Beginsel NO and others, the court ruled that...
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September 27, 2013 by Maponya
In Company Law

Counsel’s fees in magistrates courts

Maponya Attorneys
Counsel fees in magistrates' courts have been a contentious matter over recent months. There is a continuing tendency by magistrates to hand down judgements which include the words “The cost is to include the cost of counsel as per the Bar Council parameters" “Click here  to download the full article...
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June 26, 2008 by Maponya