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Our News

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.

Conversion of Close Corporations to Companies

Schedule 2 of the Companies Act of 2008 (the “Act”) contains provisions in respect of the conversion of close corporations to companies...

15 Jul 2011

View/open: Conversion of Close Corporations to Companies


Conversion of Par and Nominal value shares

Part D of Chapter 2 of the Companies Act of 2008 (the “Act”) regulates the capitalisation of profit companies...

15 Jul 2011

View/open: Conversion of Par and Nominal value shares


Delinquent Director

The Companies Act of 2008 (the “Act”) imposes strict conditions on company directors and section 162 makes provision for a director to be declared “delinquent” or “under probation” in certain circumstances...

15 Jul 2011

View/open: Delinquent director


COMPANIES ACT OF 2008 - Material matters for consideration

Chapters 1 & 2 : Material matters for consideration - The Companies Act of 2008 (“the Act”) became effective on 1 May 2011...

15 Jul 2011

View/open: iThemba Companies Act Summary May 2011 (1) - 30 May 2011


Directors' Duties and Liabilities

It goes without saying that all provisions of the Act have to be complied with at all times and that non-compliance may have certain consequences...

15 Jul 2011

View/open: iThemba Companies Act Directors Duties


Business Rescue and Compromise with Creditors

In terms of section 128 of the Act, “business rescue” means proceedings to facilitate the rehabilitation of a company that is financially distressed by providing for the temporary supervision of the company and of the management of ...

15 Jul 2011

View/open: Business Rescue and Compromise with Creditors


Classification of Companies

While the essential nature of a company will not change, the Act introduces a new classification of companies.  The Act also makes a distinction between profit and non-profit companies...

15 Jul 2011

View/open: Classification of Companies


Shareholders Agreements

In terms of section 15(7) of the Act, any provision in a shareholder agreement that is inconsistent with the provisions of the Act and Memorandum of Incorporation of the company will be void...

15 Jul 2011

View/open: Shareholder Agreements


Social and Ethics Committee

Section 72(4) to (10) of the Companies Act of 2008 (the “Act”) and regulation 43 to the Act makes provision for a social and ethics committee to be appointed by certain companies...

15 Jul 2011

View/open: Social and Ethics Committee


How to implement the new Companies Act

The new Companies Act has brought with it a number of material changes to the way in which companies have been administered until now.  It is vital for all companies to consider the impact of these changes and to prepare an action plan...

15 Jul 2011

View/open: How to implement the New Companies Act- 30 May


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