by Ben Pieters | Sep 6, 2020 | Memorandum of Incorporation, Alterable vs unalterable provisions
It is important to note that unalterable provisions pitch the MoI vs the Companies Act. The latter will always prevail over provisions of the company’s MOI. What are the alterable provisions? Cliffe Dekker Hofmeyr (“CDH”) noted that “proxy...
by Ben Pieters | Jul 25, 2020 | Memorandum of Incorporation
The memorandum of incorporation (MOI) is the main constitutional document governing a company’s affairs and deals with various matters including, amongst others, the company’s powers, internal governance, the regulation of securities and the powers of its...
by Ben Pieters | Jul 25, 2020 | Memorandum of Incorporation
There is no doubt that the Companies Act (71 of 2008) (“Act”) has modernised corporate law in South Africa, by amongst other things, creating flexibility and simplicity in the formation and maintenance of companies whilst promoting a balance between the rights and...