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Commercial Law

Buying a Business vs Buying Shares: a Comparison

In the commercial world, the terms ‘company’ and ‘business’ are often used interchangeably. Statements such as “my business employs 20 people” or “my company manufactures handbags” are commonplace, but what exactly do they mean? In law, a company and a business are distinct concepts, and the purchase of a company has different legal consequences to

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New Companies Act MOI Deadline: What’s the Fuss?

New Memorandum of incorporation in place of Articles of Association The new Companies Act, No. 71 of 2008 (‘Companies Act’), which came into effect on 1 April 2011, has fundamentally changed the form and content of the constitutional documents of a South African company. The constitutional documents of a company under the previous Companies Act

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