Application By Creditor for Liquidation of a Company 

Introduction  Under insolvency practice it is common to find a company under either corporate rescue proceedings or in liquidation, in terms of the Insolvency Act (Chapter 6:07) or “the Act”). 

Share
Safeguards When Buying Second Hand Assets 

Introduction  Transactions involving sale of second hand assets are quite common. Such second hand or used physical assets include movable and immovable assets. Movable assets include motor vehicles, plant and

Share
Replacing A Deceased Company Director 

Introduction  I have received many inquiries on how a vacancy on a company’s board of directors may be filled in the event of the death of a director. I explain

Share
Negotiating Low Purchase Price in Mergers and Acquisitions

Introduction  I have previously written many articles on valuation of business or shares to assist investors and business executives. In this article I give insights into how a prospective investor

Share
Pitfalls Of Transacting Without Valuation of Shares 

Introduction  Many times I have been asked by clients to draft agreements for the sale or acquisition of shares. In many such instances by the time the parties to the

Share
Due Diligence When Buying Company Owned Property 

Introduction  Further to the previous articles I have written on due diligence when buying immovable properties this one focusses on due diligence when buying a property registered in the name

Share
Liquidation Approach to Valuation of Business  

Introduction  Following my article of Thursday, 5 May 2022 titled “Valuation of company shares for deceased estates” I received many inquiries from readers. I was requested to explain the liquidation

Share
Compromise Between Company and Its Creditors 

Introduction  The Insolvency Act (Chapter 6:07), or the Act provides for a compromise between a company and its creditors. Such a compromise provides financial relief to the company.  Compromise provided

Share
Legal Remedies for Aggrieved Shareholders, Piercing of the Corporate Veil

Introduction  Many a time I have come across some businesspeople complaining about situations where they are being disadvantaged, for example where minority shareholders are being overlooked in key decisions. In

Share
Passing And Registration of Company Special Resolutions

Introduction  This article addresses a very technical area in the governance of companies. Members or shareholders of companies hold annual general meetings (AGMs) or extraordinary general meetings (EGMs) at which

Share