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Commercial Law

Duane Marais Attorneys Liquidation

  • Liquidation of a company or entitiy means the winding-up of a, solvent or insolvent, company / entitiy’s financial and other affairs.

    Liquidations can be voluntary, through a resolution by the shareholders of a company, members of a Closed Corporation or compulsory, through an Order of Court.

    A liquidator / trustee is appointed to effect the liquidation.

    Various parties’ rights are affected in the liquidation process, since liquidation proceedings are considered to be a drastic measure, which results in the entity discontinue its entire existence.

Duane Marais Attorneys Company Secretary Work

  • A Company Secretary is a public officer appointed by a company to advise the directors of a company pertaining to matters of risk, governance, financial management and legal matters relating to a company.

    Company Secretary appointments and conduct are guided by the relevant provisions of the Companies Act, 2008.

Duane Marais Attorneys Company Administration

  • Companies are regulated by the Old and new Companies Act.

    Closed Corporations and other business / juristic entities are also regulated by various pieces of legislation.

    We assist with legal audits and assisting entities to comply with legal requirements

Duane Marais Attorneys Commercial Litigation

  • Commercial litigation takes on various forms, shapes and sizes, due to the various rights and interests of various parties / stakeholders, including inter alia:

    1. Shareholders;

    2. Directors;

    3. Senior and other managers;

    4. Employees;

    5. Employers Organizations and Trade Unions;

    6. Society and interested parties;

    7. Relevant Government institutions.

    There are various complexities, especially in a group of companies or where certain “Grey areas” of the law, which seeks clarity through a Court’s intervention.

Duane Marais Attorneys Memorandum of Incorporation

  • When registering a company, a lot of incorporators of a company elects to register, with the Companies and Intellectual Property Commission (“CIPC”), an automated Memorandum of Incorporation, that does not necessarily comply with the needs and / or requirements of the entity.

    It can be a costly mistake by failing to consider the incorporators and future shareholder’s needs when initially drawing a MOI to be registered.

Duane Marais Attorneys Shareholder Administration

  • Shareholder administration not only refers to shareholder agreements, but also refers to share certificates, share registers and other requirements, as envisioned by the Companies Act.

    This also pertains to publicly traded companies and private enterprises, who’s shareholding is not publicly traded on a relevant stock exchange.

    With respect, the Companies and Intellectual Property Commission (“CIPC”) rarely takes ownership for the abovementioned shareholder administration and it is left to the shareholders, directors, incorporators, company secretary, bookkeepers or other appointed and outsourced officers / entities.