Africa

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Competition Amendment Bill 2018 aims to protect market participation of non-dominant firms

The overriding intention of South Africa’s Competition Amendment Bill of 2018, introduced in parliament on 12 July 2018, is to address perceived high levels of concentration and the skewed ownership profile of the South African economy. The competition authorities have consistently expressed concerns about the large number of dominant firms operating in the economy which … Continue Reading

SA poised to follow suit in utilisation of non-competition merger control to protect State security in foreign mergers

A controversial introduction in the latest draft of South Africa’s Competition Amendment Bill of 2018 is the inclusion of a section that requires the State President to constitute a standing committee of cabinet ministers and public officials to consider whether a merger, involving a foreign acquiring firm, will be adverse to national security interests in … Continue Reading

South Africa: Comment on the Cybercrimes and Cybersecurity Bill extended to 10 August 2017

A revised draft of the Cybercrimes and Cybersecurity Bill was tabled in Parliament in February 2017. See our previous post on the major changes to the original draft published for public comment in August 2015. At the beginning of July 2017, the portfolio committee on justice and correctional services called for public comments on the revised draft. The original … Continue Reading

South African private company stakeholder requirements

A number of jurisdictions have local stakeholder requirements for private companies. South Africa has a hybrid system where there are local requirements (so that some positions can only be held by South African citizens or residents). Directors A South African private company must have at least one director but there is no requirement that this … Continue Reading

The Mozambican Insolvency Law

Restructuring of companies in financial distress is on the increase globally. In line with this trend, Mozambican Insolvency Law (Decree law No 1/2013) provides greater protection to debtor companies in financial distress and gives them an opportunity to reorganise and restructure while continuing to operate their businesses. The law covers three procedures namely judicial reorganisation … Continue Reading

10 things to know about South African non-profit companies

A non-profit company is a company incorporated for one or more objects, either a public benefit or an object relating to cultural or social activities, or communal or group interests. The name of the non-profit company must end with the expression “NPC” (eg Good Deeds NPC). A non-profit company may be incorporated with or without … Continue Reading

10 things to know about South African private companies

In South Africa a company is recognised as a legal entity separately from its shareholders. Any claims arising from the company’s activities would be brought against the company itself and not against its holding company or shareholders. The statutory liability of a shareholder in a private company is limited to its respective capital contributions to … Continue Reading

10 things to know about foreign companies as external companies in South Africa

Foreign companies with business or non-profit activities in South Africa may be required to register with the Companies and Intellectual Properties Commission (CIPC) as an external company. Section 23 of the Companies Act 2008 provides that a foreign company must register within 20 business days of first beginning to “conduct business” in South Africa. A company … Continue Reading

Doing business in South Africa

Have a look at our Doing business in South Africa publication for an overview of the legal issues relevant to foreign investors wishing to establish or acquire a business in South Africa. South Africa has highly sophisticated financial, mining, commercial, and industrial sectors which compete with the best throughout the world and attract considerable interest … Continue Reading

Transacting in Africa – did you know?

Africa’s diversity is reflected in its legal systems. The following legal curiosities give a taste of what makes the continent such an interesting, and sometimes challenging, place to transact. Did you know? A Nigerian guarantor cannot make payment under a guarantee denominated in South African Rand without a Certificate of Capital Importation. This is issued … Continue Reading
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