Memorandum of Incorporation

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Unalterable provisions – MoI vs the Companies Act.

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 appointments are a critical tool to ensuring that meetings proceed and decisions are made, where shareholders/members cannot read more..

Exemptions From The Unalterable MOI Provisions

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 board and shareholders. The Act, however, is not a rigid document and recognizes that modern businesses require flexibility in read more..

By |2020-07-25T18:01:29+02:00Jul 25th, 2020|Memorandum of Incorporation|0 Comments

Alterable and unalterable provisions of the Companies Act

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 obligations of shareholders and directors.  This includes the concept of alterable and unalterable read more..

By |2020-07-25T16:56:32+02:00Jul 25th, 2020|Memorandum of Incorporation|0 Comments
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