Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944.
“I want to conclude a repayment agreement with a debtor for an amount which exceeds the magisterial jurisdictional amount of R400 000,00. I, however, do not want to abandon any part of my claim and would rather opt to insert a clause in the agreement where the debtor and myself consent to the jurisdiction of […]
Starting a business in South Africa: Legal requirements and the Companies Act
Starting a business takes careful planning and involves compliance with certain legal requirements. It is important to understand the relevant regulations and legal requirements to be complied with, so you can make sure you do what is best for the business you are starting. The Companies Act is the primary legislation governing a company and […]
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 […]