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Is your company safeguarded by its Memorandum of Incorporation (“MOI”)

The New Companies Act, which is referred to in this article as “the Act”, now makes provision for a single constitutive document for companies. Under the old act there were two constitutive documents namely the Memorandum of Association and the…
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The status of shareholders agreements under the new Companies Act (71 of 2008)

The Companies Act states that the shareholders of a company may enter into any agreement with one another concerning any matter relating to the company. A shareholders agreement (SHA) has to be consistent with the Companies Act and with the…
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Curator Bonis- Managing the financial affairs of someone who is unable to do so

A Curator Bonis is a legal representative who applies to a court to manage the financial affairs of someone who is unable to do so themselves due to mental or physical incapacity (hereinafter referred to as 'the patient'). One must note that our…
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Disclaimers the Freedom to Contract and the Consumer Protection Act

We encounter disclaimers, exclusionary and exemption clauses everyday. People are often left with very little bargaining power especially when they are induced to sign a disclaimer. A disclaimer excludes liability on behalf of a person/business for damages suffered whilst being…
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