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Commercial Law Articles

Is Sibling Rivalry Enough to Warrant the Winding Up of Family Businesses?

Explore the decision in ‘Van Der Westhuizen v Van Der Westhuizen and Others (24614/2022) [2024] ZAGPPHC 15,’ where the North Gauteng High Court addresses the intriguing dilemma of sibling rivalry within family businesses. This blog post delves into the application of Section 81 of the Companies Act, analyzing the ‘just and equitable’ grounds for winding up solvent family-owned entities amid disputes. Uncover the legal insights and implications of this case for family-run corporations, highlighting the court’s approach to trust, cooperation, and the deadlock principle in familial business disputes.

Is a Surety’s Liability Limited to the Initial Credit Agreement? Insights from Actisol 145 CC v Seryt Tyres

Gain critical insights from the Gauteng High Court case, Actisol 145 CC v Seryt Tyres, addressing the extent of a surety’s liability in credit agreements. This pivotal judgment, led by Judge Nkutha-Nkontwana, explores whether a surety’s obligation is confined to the initial credit limit or extends to the actual debt incurred. Uncover the legal intricacies, the court’s decision, and its implications for sureties in business credit facilities

Removal of a Trustee: Your Rights Explained

As a beneficiary of a trust, it is important to ensure that the appointed trustees are protecting your interests. Unfortunately, there may be instances where a trustee is unable or unwilling to perform their duties, or their continued presence harms the trust. In such...

WHICH CONTRACTS SHOULD I HAVE IN MY SMALL BUSINESS?

There are certain agreements that every small business must have. Without them, the business may be open to uncertainty and litigation in the future. This article seeks to shed light on the most basic agreements that a small business should ideally have in place and,...

Is Sibling Rivalry Enough to Warrant the Winding Up of Family Businesses?

Explore the decision in ‘Van Der Westhuizen v Van Der Westhuizen and Others (24614/2022) [2024] ZAGPPHC 15,’ where the North Gauteng High Court addresses the intriguing dilemma of sibling rivalry within family businesses. This blog post delves into the application of Section 81 of the Companies Act, analyzing the ‘just and equitable’ grounds for winding up solvent family-owned entities amid disputes. Uncover the legal insights and implications of this case for family-run corporations, highlighting the court’s approach to trust, cooperation, and the deadlock principle in familial business disputes.

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Is a Surety’s Liability Limited to the Initial Credit Agreement? Insights from Actisol 145 CC v Seryt Tyres

Gain critical insights from the Gauteng High Court case, Actisol 145 CC v Seryt Tyres, addressing the extent of a surety’s liability in credit agreements. This pivotal judgment, led by Judge Nkutha-Nkontwana, explores whether a surety’s obligation is confined to the initial credit limit or extends to the actual debt incurred. Uncover the legal intricacies, the court’s decision, and its implications for sureties in business credit facilities

read more
Is Sibling Rivalry Enough to Warrant the Winding Up of Family Businesses?

Is Sibling Rivalry Enough to Warrant the Winding Up of Family Businesses?

Explore the decision in ‘Van Der Westhuizen v Van Der Westhuizen and Others (24614/2022) [2024] ZAGPPHC 15,’ where the North Gauteng High Court addresses the intriguing dilemma of sibling rivalry within family businesses. This blog post delves into the application of Section 81 of the Companies Act, analyzing the ‘just and equitable’ grounds for winding up solvent family-owned entities amid disputes. Uncover the legal insights and implications of this case for family-run corporations, highlighting the court’s approach to trust, cooperation, and the deadlock principle in familial business disputes.

read more
Is a Surety’s Liability Limited to the Initial Credit Agreement? Insights from Actisol 145 CC v Seryt Tyres

Is a Surety’s Liability Limited to the Initial Credit Agreement? Insights from Actisol 145 CC v Seryt Tyres

Gain critical insights from the Gauteng High Court case, Actisol 145 CC v Seryt Tyres, addressing the extent of a surety’s liability in credit agreements. This pivotal judgment, led by Judge Nkutha-Nkontwana, explores whether a surety’s obligation is confined to the initial credit limit or extends to the actual debt incurred. Uncover the legal intricacies, the court’s decision, and its implications for sureties in business credit facilities

read more
What Is Business Rescue?

What Is Business Rescue?

What is business rescue and what happens to employees during such proceedings?
Business Rescue in very basic terms, is a process that a company voluntarily enters when experiencing financial difficulty with the eye on saving the business from demise.

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Delinquent Directors

Delinquent Directors

Declaring a director delinquent in terms of the Companies Act. If a director conducts himself or has previously conducted himself, whilst being a director of a company, in a manner which is inappropriate, an application aimed at declaring such director a delinquent,...

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