Tag: Companies Act

On 27 December 2024, certain sections proposed in the Companies Amendment Act 16 of 2024 and the entire Companies Second Amendment Act 17 of 2024 became effective. In our publication, Overview of the 2024 amendments to the Companies Act 71 of 2008 for Audit Committees and Financial Management, we provide a summary of the key changes now in effect.

South Africa can promote future investment and encourage corporate growth by addressing discrepancies in laws governing mergers and amalgamations. Section 44 of the Income Tax Act governs merger and amalgamation transactions from a tax perspective. It provides tax rollover relief if certain requirements are met.

While the position of Company Secretary has always been important within an organisation, especially from an administrative perspective, the Company Secretary’s role and scope of responsibility has grown over the years from an ‘efficient administrator’ to a ‘governance leader’.

A landmark high court ruling found that business rescue practitioners can't "have their cake and eat it too". The case involving sugar giant Tongaat Hulett, balances the principles of corporate rescue with the broader societal imperatives of industry regulation.

As South Africa faces an intensifying water crisis, government is placing the spotlight on the water and sanitation sector by shifting from the "business as usual" approach to unlock innovative funding for increased water infrastructure development. On Tuesday, 27 August 2024, President Cyril Ramaphosa approved the South African National Water Resources Infrastructure Agency SOC Limited Bill (the bill).

During Parliamentary debates on amendments to the Companies Act in 2023, it was noted that the biggest opposition to the amendments related to the disclosure of remuneration. With the President signing the Companies Amendment Act on the 26th of July 2024, debates on the new remuneration requirements will resurface.

The recent decision by the Gauteng High Court denoting that creditors who have acquired their claim in a business after business rescue has commenced are not entitled to vote on business rescue plans could set a significantly risky precedent for any future organisations facing business rescue.

The governance ecosystem is touted to give accountability, transparency, fairness and responsibility as the pillars on which corporate governance is built to all stakeholders and sanction or root out perverse conduct in an appropriate and balanced manner. This should keep the equilibrium of all stakeholders’ rights and obligations in check.

Gone are the days of box-ticking. The Financial Sector Conduct Authority (FSCA) has recently imposed administrative sanctions on two financial services providers (FSPs), in each case for failing to comply with certain provisions of the Financial Intelligence Centre Act (FICA). 

The rail sector in South Africa is at a breaking point and urgent action is required. From a freight perspective, Transnet's incapacity to dispatch locomotives is at an all-time high. The National Logistics Crisis Committee estimates that the country's macro logistics system loses circa ZAR1 billion a day.