Publications

Hogan Lovells Publications

Can legal costs constitute financial assistance?

It is not uncommon for a target company to bear the legal costs incurred by its shareholders in respect of a sale of its shares. On face value, this practice appears benign. However, an...

Publications

Acting without formal shareholder approval - Has sanity prevailed?

In the recent case of Moraitis Investments (Pty) Ltd v Montic Dairy (Pty) Ltd (the Moraitis Case) the Supreme Court of Appeal (SCA) was charged with determining if a party had the ...

Publications

Do you pay your attorney too much?

Do you think that you pay your attorney too much? I am willing to wager that you do and I think I know who is to blame. The billable hour. Some will argue that this assertion is a cop-out...

Published Works

What constitutes 'financial assistance'?

Section 44 of the Companies Act 71 of 2008 governs the instances when a company may provide financial assistance for the purchase of the company's securities. (It is important to note...

Published Works

Dawn raids – What you should know

2015 saw a marked increase in dawn raids by the South African Competition.

Published Works

Security for costs

In 2011 the Companies Act 71 of 2008 (the New Act) came into effect and in doing so created a statutory lacuna regarding the ability of a defendant to require an impecunious incola company...

Published Works

Hedge funds designated a collective investment scheme

On 25 February 2015 the Minister of Finance declared the business of a hedge fund to be that of a collective investment scheme to which certain provisions of the Collective Investment...

Published Works

Restoration of companies

Section 82 of the Companies Act 71 of 2008 (the New Act) has replaced section 73 of the Companies Act 61 of 1973 (the Old Act). 

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