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Keep up to date with the latest news with iThemba’s insightful, relevant and information-rich articles and opinions. From changing legislation to issues of compliance, our experience is just a click away - to educate, inform and create greater awareness of the issues that affect you and your company.
Oakdene Square Properties (Pty) Ltd and Others v Farm Bothasfontein (Kyalami) (Pty) Ltd and Others
The application is brought in terms of section 131 of the new Companies Act 71 of 2008 (“the Act”) for an order commencing business rescue proceedings for the rehabilitation of the Company...
17 Feb 2012View/open: Case Law (Oakdene Square Properties)- Business Rescue
Koen and Another v Wedgewood Village Golf & Country Estate (Pty) Ltd and Others (24850/11) [2011] ZAWCHC 464; 2012 (2) SA 378 (WCC)
An liquidation application in terms of which, amongst other matters, the winding up application against Wedgewood Village Golf Country Estate...
09 Dec 2011View/open: Case Law (Koen and Another v Wedgewood Village Golf)- s131(4)
Southern Palace Investments 265 (Pty) Ltd v Midnight Storm Investments 386 Ltd -2011 section 131(4) Court order to begin business rescue proceedings (sections 128 & 131)
This important section sets out the preconditions for an order to commence business rescue proceedings...
25 Nov 2011View/open: Case Law- (Southern Place) Business rescue-s128(1)(b)
Summary of court case dealing with the registered office of a company
The Western Cape High Court recently considered the issue of the 'residence' of a company under the new Companies Act (the
'Companies Act, 2008')...
View/open: Case law- Registered Address of company
Budge NO and Others v Midnight Storm Investments 256 (Pty) Ltd and Another
The applicants sought the winding-up of the first respondent company, Midnight Storm.
The application was brought in terms of s 344(h) of the Companies Act 61 of 1973 (the old Companies Act) upon the erroneous supposition that the transitional provisions of the...
15 Nov 2011View/open: Case law- s(Budge v Midnight Storm) s344, 81(d)
Solvency and Liquidity Test
What you should do: Before making payments or the distribution of assets, a company must satisfy the solvency and liquidity test in terms of the Act.
31 Oct 2011View/open: iThemba Solvency and Liquidity Test Notes
Pre-Existing Section 21 Companies Must Comply
In order to assist your company to comply with the provisions of the Companies Act of 2008 iThemba has the ideal solution to provide you with the required tools and guidance...
15 Sep 2011View/open: Pre-Existing Section 21 Companies
Melville v Busane and Another (2067/2011) [2011] ZAECPEHC 45; 2012 (1) SA 233 (ECP); [2012] 1 All SA 675 (ECP)
This is an unopposed application for the winding up of a trust in terms of the Companies Act 71 of 2008 (the Act)...
18 Aug 2011View/open: Case Law (Melville v Busane and Another) Sched 5, Item 9
Protection for whistle-blowers
It is not often that an employee reports misconduct in the workplace to his employer. This is mainly because the employee is unsure whether to report the matter or not and often for fear of reprisal by his employer...
21 Jul 2011View/open: Protection for whistle-blowers (1)
iThemba Prescribed Officer Note
The Companies Act of 2008 (the “Act”) defines“prescribed officer” as a person who, within a company, performs any function that has been designated by the Minister in terms of section 66 (10)...
21 Jul 2011View/open: iThemba Prescribed Officer Note
