Articles by NEA Inc.

Keeping it real.

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Filter: Corporate
Could a sale of shares be subject to the National Credit Act?

14 December 2016

My company holds shares in a larger construction company worth about R5 million. I’m looking at selling my shares to... an interested party that the construction company is also happy with. However, the party can only pay a deposit of R1,5 million and thereafter the remainder in monthly installments over a period of 18 months with an interest of prime plus 1%. My bookkeeper says I must be wary of falling under the National Credit Act. Could this be a possibility?

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220
Article
The ‘when’, ‘who’ and ‘how’ of taking valid company resolutions

14 December 2016

I’ve purchased a shareholding stake in my dad’s family business. I’ve been part of the family business for some time... but now I’m a shareholder and clueless as to the basics of how the company’s shareholders are supposed to take decisions. What should I know about company resolutions?

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226
Article
How to register a private company

08 September 2015

I have been approved to open up a small franchise business. The franchisor however requires that I run the franchise... business in a private company and not in my personal name. Where must I start with setting up a company?

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257
Article
Commercial Mediation: The long-awaited arrival of mainstream mediation

11 June 2015

This article provides a general overview of the process of mediation, specifically in the commercial context. In the international arena,... mediation has become a primary option for parties wishing to resolve their disputes as its potential benefits outweigh lengthy litigation. In South Africa, commercial mediation is a recent development, but is well on its way to becoming an efficient and cost-effective alternative to litigation. The introduction of court-aligned mediation in the Magistrate’s Courts of South Africa adds impetus to the notion that mediation is here to stay.

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231
Article
Has the bell tolled for broad-based ownership and employee trusts?

11 June 2015

The Department of Trade and Industry (DTI) published a notice on 5 May 2015 where, in a move that raised... concerns across the entire business sector, it was announced that Broad-Based Ownership Schemes (BBOS) and Employee Share Ownership Programs (ESOPs) will only contribute a maximum of three points to the total BEE scores of companies which implement such solutions after the date of the announcement. In light of the flood of criticism that followed this announcement, the DTI published a retraction on 15 May 2015 - and although wholly retracted, it came with a warning.

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172
Article
The company you (don’t want to) keep: When shareholders won`t share anymore

13 February 2015

Entering into any business venture is fraught with challenges, risks and, hopefully, also rewards; but what happens if somewhere along... the line the shareholders of a company no longer get along and want to call it quits? Can a solvent company be wound up if the shareholders don’t get along? 

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173
Article

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