Tag Archive: company law

Fixed Term Contracts of Employment under the Amended Labour Relations Act

The Labour Relations Act has been amended as of 1 January 2015. It is a well-known and widespread practice for employers to structure contracts of employment in such a way that the permanence of the contract is avoided. For example…
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Contractual variations/cancellations/amendments over email

There may be many different reasons why one varies or cancels a contract. As is normal in business practice, contracts are very often amended, varied and/or cancelled. However must must always be wary of the obligations which have been prescribed…
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The difference between a General and Special Power of Attorney

Special Power of attorney: enable an agent/authorised person to attend to a specific act only. General Power of attorney: enables an agent/authorised person to attend to a variety of different acts. Generally it is comprised of various clauses enabling a variety…
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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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