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Many benefits for a 51% black owned company

08 August 2018

My start-up business has been growing rapidly and I’m considering bringing a partner on board to invest and help take... the business to the next level. I’m keenly aware of the importance of transformation and have identified a potential BEE partner who is prepared to take up a 51% stake in my business. That said, a new partner is a big decision and I just want to make sure there is sufficient strategic benefit in doing so?

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397
Article
Is the interest-free loan to a trust dead?

08 March 2017

For estate planning purposes a few years ago I moved some of my assets into a family trust and financed... the disposal to the trust with an interest free loan in my name. I understand that recent tax amendments will now impose unfavourable tax consequences on me in relation to this interest free loan. Is this true?

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502
Article
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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390
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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485
Article
Help! My competitor is stealing my customers!

02 June 2016

Just over two years ago I purchased a brand agency and included a restraint of trade clause in the sale... agreement preventing the seller from also opening up a brand company in the same region. Now just over two years later, the seller has opened up another brand company in direct competition to me and is actively canvassing my clients to move to his company. I paid him for his company and now he is trying to take away my customers. Is there anything I can do to stop him?

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385
Article
If I am not listed in the share register, am I the owner of the shares?

09 May 2016

I bought shares in a company a few years ago and was provided with a share certificate. I recently attended... a shareholders’ annual meeting and was told that I am not allowed to vote because I was not listed in the company’s share register. Does that mean that I don’t legally own the shares and that I have no rights as a shareholder?

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469
Article

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