Would you like to sign a new shareholders` agreement relevant to South Africa? There are good reasons for this. It is important that the shareholders of each company sign an agreement, preferably at the beginning of the relationship. Co-ownership (like many people holding shares in a company) is the mother of all disputes. In essence, a shareholders` agreement prevents disputes and conflicts in the future. It records the answer to the questions that each shareholder should answer. Since a shareholders` agreement is fundamental to the functioning of shareholders, it is important to think carefully about how the MOI will relate to the shareholders` agreement. Potential conflicts should therefore be avoided when drawing up a new MOI and/or a new shareholders` agreement. A joint venture operating in South Africa shall not be limited as regards the right provided for in its joint venture agreement. Similarly, the method of dispute settlement chosen by a party is not limited. The Party should ensure that it chooses dispute resolution mechanisms appropriate to the different types of disputes that may arise. For example, a dispute may be resolved by an expert finding (if such a mechanism is recognized under the legislation it has chosen) rather than by litigation.
Home ” Commercial and corporate law ” Could shareholders inadvertently terminate their shareholders` agreement? In 2015, five shareholders of a company applied to South Gauteng High Court for an injunction declaring that a February 2002 shareholders` agreement (“shareholders` agreement”) was fully operational and that the shareholders` agreement, not the company`s founding act (MOI) adopted in April 2012, regulated the relationship between shareholders and had precedents. In what has been done by the Committee on Business and Policy of the Some aspects of the shareholders` agreement should be addressed: in summary, a well-elaborated and thorough shareholders` agreement is important, as it can be used by shareholders as a form of protection to protect their interests and assert their rights. The fact that the agreement is in writing means that the parties will not subsequently be able to unilaterally vary the terms of such an agreement in order to evade their obligations. Registered joint ventures are financed by shareholders through shareholder loans or share subscriptions. In addition, financing is usually provided by external banks or financial institutions. Any financial support from the company should comply with the provisions of the Equity Act. Joint ventures are often pro-competitive and efficient; For example, a joint venture may facilitate entry into a market that might not have been able to enter independently. However, joint ventures between competitors may present competitive risks. It is imperative that any joint venture between competitors has a legitimate aim and imposes on the interested parties of the joint venture only restrictions which are economically necessary for the operation of the joint venture. In addition, competitors should only reach agreement on issues such as price, quantity and quality if this is subject to the legitimate objective of the joint venture. Protocols for the exchange of information should be established in order to avoid that competitively sensitive information, which goes beyond what is necessary for the functioning of the Joint Undertaking, is shared with the Joint Report. What is the interaction between the creation of the Joint Undertaking and the agreement between the parties to the Joint Undertaking? There are restrictions on the distribution of a company`s profits to its shareholders.
As a general rule, any distribution must be approved by the board of directors and can only take place if it seems reasonable that the company will meet the solvency and liquidity test immediately after the completion of the proposed distribution. . . .