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Do shareholders also have a fiduciary duty?

Do shareholders also have a fiduciary duty?

19th January 2015 A company is a juristic person that is separate from its members or shareholders. Section 19 (1) of the Companies Act, Act 71 of 2008 (hereafter... 

Pyramid schemes and unjustified enrichment

Pyramid schemes and unjustified enrichment

8th December 2014 Trustees, Estate Whitehead v Dumas  the court had to decide whether an investor, Dumas, who had by way of a fraudulent misrepresentation invested... 

A comparison between the repealed Companies Act and the Companies Act 71 of 2008

A comparison between the repealed Companies Act and the Companies Act 71 of 2008

10th November 2014 In order to understand the rationale behind the requirement as set out in Section 11(3) (b) of the Companies Act 71 of 2008, a comparison has to be... 

More Schoeman Law Inc
Court annexed mediation

Court annexed mediation

6th October 2014 The Rules Board for Courts of Law has amended the rules regulating the conduct of proceedings of the Magistrate Court of South Africa, in order to... 

Research and development tax incentives

Research and development tax incentives

10th September 2014 The South African Government is aware that South Africans have the necessary skill and expertise to place South Africa on the world map with... 

National Credit Act Amendments

National Credit Act Amendments 

8th September 2014 The National Credit Amendment Act has been assented to by the President on 19 May 2014. The Amendment Act will come into force on a date to be... 

Lending money to a friend? You might be a credit provider

Lending money to a friend? You might be a credit provider

7th August 2014 In many instances people borrow money from friends and families to start a business or buy a small property. In few instances do these people truly... 

Scrutinising Section 129 of the National Credit Act 34 of 2005

Scrutinising Section 129 of the National Credit Act 34 of 2005 

8th July 2014 Section 129 of the NCA sets out the procedures a credit provider must follow before enforcing a debt. It provides that inter alia: “if the consumer... 

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