August 26, 2024

Addressing Minority Shareholder Oppression: Effective Remedies

Being a minority shareholder can leave you powerless in situations where decisions are made against your wishes. Most Memorandums of Incorporation (MOIs) typically require a 75% majority vote for special resolutions to pass, regardless of your dissent. This scenario can lead to feelings of oppression and unfair prejudice. The word oppressed was derived from the dictionary meaning in the case Scottish Co-operative Wholesale Society Ltd v Meyer [1958] 3 All ER 66 (HL) and described as conduct which is ‘burdensome, harsh and wrongful. In the case Technology Corporate Management (Pty) Ltd v De Sousa and Others [2024] 2 All SA […]
October 31, 2023

The requirements for a registered office of a company

One aspect that is often not considered in great detail during the formation and registration of a juristic person in South Africa is its registered office, also often referred to as its registered address. Parties often opt to use a convenient location as a company’s registered address and do not give it sufficient consideration when registering a company or when moving a company from one location to another. This article will briefly consider the legal requirements relating to a company’s registered office. The Companies and Intellectual Property Commission (CIPC) has done a great deal to streamline the processes which it […]
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