Articles Published - Corporate and Commercial Law Archives - Page 2 of 3

Blog | Simplifying contractual clauses: What is a restraint of trade?

In a competitive market, protecting confidential business information and valuable client relationships is essential to long-term success. Accordingly, employers and businesses often incorporate restraint of trade clauses in their agreements. This article explores how these clauses operate under South African

Blog | Deal-making dynamics: Mergers versus acquisitions

In the South African corporate sphere, mergers and acquisitions (‘M&As’) are often utilised by companies to expand operations or enhance their market share. While regularly grouped together, M&As are distinct in both structure and legal consequence. Under section 1 of

Blog | Reminder: Comments on the JSE’s proposed changes to Corporate Action Tables due 9th June 2025

Last month, the JSE published various proposed changes to its Corporate Action Tables, which specify the procedures and deadlines for corporate actions impacting listed securities, for public comment. These suggested amendments are commensurate with the JSE Listings Requirements, which were

Blog | Arbitration vs mediation: Clarifying the distinction

Disputes are frequent and inevitable in both personal and business endeavours. In light of increasing court backlogs and the undesirability of protracted litigation, alternative dispute resolution mechanisms, such as mediation and arbitration, have emerged as viable alternatives to traditional litigation.

Pulse | Enhancing corporate governance: New draft King V Code released for public comment

A streamlined version of King IV, the draft King V Code on Corporate Governance (‘King V’) was recently circulated by the Institute of Directors in South Africa (‘IoDSA’) for public consultation. Underpinned by the critical role corporate governance plays in

Pulse | Business rescue update: Watershed SCA judgment confirms that ‘creditor’ includes post-commencement creditors

Late last month, the Supreme Court of Appeal (‘the SCA’) settled a long-standing legal debate: Within the scope of business rescue proceedings, which is regulated under Chapter 6 of the Companies Act (‘the Act’), the term ‘creditor’ embraces both pre-commencement

Newsflash | Corporate law update: Amendments to the Companies Act are now operational

Published via presidential proclamation in the Government Gazette over the festive break, various provisions of the Companies Amendment Act, as well as the entire Companies Second Amendment Act, are now operational. These statutes, which were assented to in July 2024,

Pulse | Non-compliant entities beware: CIPC to deregister over 500 000 companies

In a recent media statement, the Companies and Intellectual Property Commission (‘CIPC’), a regulatory body responsible for the registration and regulation of companies, co-operatives, and intellectual property rights, confirmed that it intends to deregister more than 500 000 companies and

Pulse | Proposed amendments to JSE Listings Requirements on the cards

The JSE Limited (‘the JSE’), which advocates for enhanced corporate governance and an improvement in companies’ financial disclosure reporting mechanisms, recently published draft amendments to the JSE Listings Requirements (‘the Listings Requirements’). Pursuant to the promulgation of the Companies Amendment

Pulse | Transforming the legal industry: Government approves the B-BBEE Legal Sector Code

Last week, the Minister of Trade, Industry and Competition gazetted the Broad-based Black Economic Empowerment Legal Sector Code of Good Practice (‘the LSC’), effective 20th September 2024. Underpinned by the objectives of the Broad-based Black Economic Empowerment Act (‘the B-BBEE