NGL Attorneys | Commercial, Business and Property Law

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 […]

Personal liability of directors of Non-profit Organisations

I am a director of an NPO. Can I be held liable in my personal capacity for damages caused by or debt incurred by the organisation? I thought that I was doing something good. What does it mean to carry on business recklessly? Can I be held accountable if I knew about dodgy transactions but it was not my signature on the […]

The full accrual of an estate during a divorce

In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the Respondent’s right to future annuity payments in respect of Personal Portfolio Living Annuities (“the living annuities”) from Glacier Financial Solutions (Pty) Ltd, a member of the Sanlam Group, is […]

When does prescription of a debt start?

Debt does not last forever, after a period of time it prescribes and becomes invalid. Prescribed debt can be explained as old debt that has not been acknowledged over a period of three years. This means that a debt prescribes if: You have not acknowledged the debt in the past three consecutive years, either in […]

The threat of fake news to your business

The threat of fake news to your business In the digital age, information is everywhere. At the click of a button a message can travel across oceans in the time it takes to blink. For the large part, it’s an incredible testament to human invention. But for some part, as with the spread of destructive […]

Lockdown tips: Simple steps to take control of your finances

Lockdown tips: Simple steps to take control of your finances The COVID-19 pandemic has spread across the globe and left economic destruction in its path. Now, more than ever, it is of utmost importance to take control of and manage your finances so that you can enter this time of uncertainty with the peace of […]

Freedom of defamation is not a thing

Freedom of defamation is not a thing It is correct that one has the right to freedom of expression, but it is important to remember that this right is limited. When one oversteps the limitations, it can lead to the defamation of another person’s good name and reputation. Defamation is a part of the law […]

Understanding mergers and acquisitions

Understanding mergers and acquisitions Mergers and Acquisitions (M&A) are a natural process of any business, although not all businesses go through this form of transition. Merging is when two companies combine to be one, and acquisition is where one company buys an existing one. Doing either one of these requires corporate restructuring. Smaller businesses may […]

What is a company culture?

We all know that the term “culture” is defined as the values, practices and beliefs shared by members who form a part of the same group, but what does “company culture” refer to? Company culture has the same definition as culture, however, it refers to the culture within a company or organisation specifically, and this […]

How do our courts interpret Wills and Testaments?

It is trite that the law of succession aims to give effect to the wishes of the testator. Accordingly, when a person passes on and leaves a will or a testament, it is the duty of the court interpreting the will or testament to make an order that obeys the wishes of the testator as […]

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