Equal treatment for shareholders
Section 163 focuses specifically on the interest of minority shareholders. The protection of minority shareholders’ rights must be understood within the context of the provisions set forth by the Act, the common law, the Memorandum of Incorporation (MOI) of the Company and the Shareholders’ Agreement (if applicable). In terms of this section, an applicant may […]
Shareholders’ agreements 101
A shareholders’ agreement sets out how a private company should be operated and regulates the various shareholders’ rights and obligations. It is therefore important that a shareholders’ agreement be concluded at the beginning of the relationship to prevent disputes later on. The Companies Act No. 71 of 2008 (“the Act”) expressly recognises shareholders’ agreements. Section […]