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Commercial Law Articles

Can a Solvent Company be Wound Up by a Minority Shareholder? Insights from the Dreyer vs Afristat Investment Holdings Case

Delve into the Dreyer vs Afristat Investment Holdings [2024] ZAGPPHC142 judgment, a case from the North Gauteng High Court on winding up solvent companies amid allegations of fraud and mismanagement. Discover how this ruling emphasizes the stringent criteria under Section 81 of the Companies Act, safeguarding economic stability and shareholder rights.

Breaking Down the Van Der Watt V Schoeman Case: Understanding Shareholder Rights in Company Disputes

Explore the Eastern Cape Division, Gqeberha’s ruling on shareholder oppression in Van Der Watt v Schoeman, highlighting legal remedies for shareholders under the Companies Act 71 of 2008 against oppressive conduct within a company.

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

Can a Solvent Company be Wound Up by a Minority Shareholder? Insights from the Dreyer vs Afristat Investment Holdings Case

Delve into the Dreyer vs Afristat Investment Holdings [2024] ZAGPPHC142 judgment, a case from the North Gauteng High Court on winding up solvent companies amid allegations of fraud and mismanagement. Discover how this ruling emphasizes the stringent criteria under Section 81 of the Companies Act, safeguarding economic stability and shareholder rights.

read more

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
Can a Solvent Company be Wound Up by a Minority Shareholder? Insights from the Dreyer vs Afristat Investment Holdings Case

Can a Solvent Company be Wound Up by a Minority Shareholder? Insights from the Dreyer vs Afristat Investment Holdings Case

Delve into the Dreyer vs Afristat Investment Holdings [2024] ZAGPPHC142 judgment, a case from the North Gauteng High Court on winding up solvent companies amid allegations of fraud and mismanagement. Discover how this ruling emphasizes the stringent criteria under Section 81 of the Companies Act, safeguarding economic stability and shareholder rights.

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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