Commercial Department Services

The department offers a full range of expert services in all aspects of corporate and commercial law. This division is involved locally, nationally and internationally with: Agency, distributorship, licensing and franchising structures Amalgamations, restructuring and unbundling Banking and finance, including conventional and Islamic banking and finance Black economic empowerment (BBBEE) structures Business rescue, insolvency and […]

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Company secretarial services

We have in-house expertise providing comprehensive company incorporation and secretarial work and services, including the following: Incorporation of new companies in SA or anywhere in Africa or the rest of the world Replacement or amendment of MOI Purchase and tailoring of shelf companies/CCs Company/CC de-registrations Restoration of deregistered companies Voluntary winding up of companies and […]

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Proposed changes to law on beneficial interests in securities

Do you have a beneficial interest in shares which are registered in the name of someone else?  Or, are you the registered holder of shares in which someone else holds a beneficial interest?  If so, you should be aware of the proposed changes to the law on beneficial interests in securities as contained in the […]

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The Legal Issue: Commercial Department March 2022 Newsletter

The settlement arrangement included three classes of creditors, being market participant creditors, financial creditors and contractual creditors. The three different classes of creditors would be treated differently in terms of the settlement arrangement. Trevo Capital Ltd (“Trevo”) was dissatisfied with the manner in which market participation creditors would be treated in terms of the settlement […]

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Setting aside a winding up in the interest of creditors

In the case of Nyhonyha and others v Venter NO and others,Regiments Capital Pty Ltd (“Regiments”), a company notable for its links to State Capture and the Gupta brothers, was placed under final winding up on 16 September 2020 in terms of section 354 the Companies Act, 1973. The applicants, which included the directors of […]

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Blurring the boundaries between alcoholic and non-alcoholic beverages classes of trade marks

The International Trade Mark Association (INTA) has reportedly filed an amicus brief, as third party observers, in a case before the Grand Board of Appeal of the European Union Intellectual Property Office. The case concerns the issue of similarity or dissimilarity of alcoholic and non-alcoholic beverages. While the provisions on trade mark infringement in the […]

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Corporate opportunities and directors’ fiduciary duties 

In the recent Supreme Court of Appeal (SCA”) matter of Modise v Tladi Holdings Pty Ltd, Modise was identified by fellow businessman Sandler as a BEE Partner in his intended electrical conglomerate (“Tladi”) which would seek to do business with State-owned entities and municipalities. Modise became a director and chairman of Tladi. The shareholders’ agreement […]

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Liability for the fraudulent or reckless conduct of a business

Can directors and other role players be personally liable for the debts of a company where the business has been carried on recklessly or with the intention to defraud the creditors? This question was recently addressed by the Western Cape High court in Cooper and another NNO v Myburgh. The applicants were the liquidators of […]

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Burger King – ECP merger and public interest considerations

Emerging Capital Partners (ECP), a private equity firm founded in the US, through an affiliate (ECP Africa Fund IV LLC and ECP Africa Fund IV A LLC), intended to acquire Burger King from Grand Parade Investments Limited (“Grand Parade”).   The subsidiaries of Grand Parade were to sell all the shares they held in Burger King […]

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Alert to participants in the goods and services industry

The Consumer Goods and Services Ombud (“CGSO”) was established under the Consumer Protection Act (“the CPA”) to assist in resolving disputes between consumers and the industry. Certain participants in the industry disputed the authority of the CGSO; specifically, that it had the authority to compel them to register with the CGSO and contribute towards its […]

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Oceans apart or conceptually similar

In Open Horizon Ltd v Carnilinx (Pty) Ltd, Gauteng High Court [2020] ZAGPPHC 674 the Applicant sought to interdict and restrain the Respondent from infringing its rights in the trade mark PACIFIC (which had been in use since 2007) by using (and seeking to register) the mark ATLANTIC and other combination marks containing the word […]

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