Cowan-Harper-Madikizela

Cowan-Harper-Madikizela wishes its valued clients and followers a very Happy New Year! 🎉   Here’s to making 2025 a year of innovation, collaboration, and shared success. May it be a year filled with abundant opportunities and limitless possibilities.    #HappyNewYear #2025 #NewYearNewOpportunities

COMPANIES ACT: DRAFT OF AMENDMENTS NOW IN FORCE 27 December 2024 | New Legislation Presidential proclamations gazetted on 27 December 2024 have brought into effect the Companies 2nd Amendment Act, 2024, along with key sections of the 2024 Companies Amendment Act. For a detailed analysis and implications of these new amendments by Ravie Govender, the Head of our Corporate and Commercial Practice, Henry (Ge') Korsten, the Head of the Property Conveyancing and Litigation Practice, and Rod Harper, an Executive in our Employment Practice, watch Cowan-Harper-Madikizela's YouTube Video by clicking on the link below. We have also summarised some key amendments below:- (1) The Companies 2nd Amendment Act, 2024 extends the time bar under section 162(2) of the Companies Act. This extension provides more time to apply for court orders declaring a company director delinquent or under probation. (2) The 2024 Companies Amendment Act introduces critical reforms aimed at improving corporate governance and promoting equitable business practices. The Act: (2.1) Removes obstacles to legitimate business activities. (2.2) Ensures greater equity among directors, senior management, shareholders, and workers by increasing transparency in the disclosure and assessment of senior executive remuneration. (2.3) Addresses policy matters related to social and ethics committees. Sections of the Companies Amendment Act Now in Force (3) The Government Gazette notice clarifying the sections in force is somewhat complex, but the following provisions appear to be effective: (4) Definition of securities (5) Section 9: Amending section 40 – Consideration for shares (6) Section 10: Amending section 45 – Loans or financial assistance to directors (7) Section 11: Amending section 48 – Company or subsidiary acquiring company shares (8) Section 12: Amending section 61 – Shareholders’ meetings (9) Section 13: Amending section 72 – Board committees (10) Section 14: Amending section 90 – Appointment of auditors (11) Section 15: Amending section 95 – Public offerings of company securities (12) Section 17: Amending section 135 – Business rescue and compromise with creditors (post-commencement finance) (13) Section 18: Amending section 160 – Disputes regarding company name reservations/registrations (14) Section 20: Amending section 167 – Voluntary dispute resolution (consent orders) (15) Section 21: Amending section 194 – Appointment of Companies Tribunal (16) Section 23: Amending section 204 – Financial Reporting Standards Council functions (17) These amendments mark significant progress in modernising South Africa’s corporate law, aligning it with contemporary business needs and social expectations. #CHMAttorneys #CompaniesAct #Amendments #corporatelaw #businessneeds #modernising

As the end of the year approaches, restraint disputes generally become more prevalent. The law in respect of restraints of trade has slowly been developing, and Courts have seemingly become more willing to interdict the infringement of proprietary interests, without taking the offending employee out of work. Neil Coetzer, Head of the Employment Practice, and Courtney Wingfield, a Senior Associate in the Employment Practice wrote an article about these developments. Click on the link to read the article:- https://lnkd.in/dv4_9ERY #CHMAttorneys #Restraintoftrade

In this article, Neil Coetzer, the Head of our Employment Practice, and Tové Moreau, a Candidate Attorney, explain that determining whether an employee cannot comply with the inherent requirements of their position is a multi-faceted enquiry. Click on the link below to read the article. #CHMAttorneys #employment #incapacity #inherentrequirements #enquiry #labourlaw

Cowan-Harper-Madikizela wishes all our clients a sweet and joyful festive season. Thank you for trusting us with your legal needs — we look forward to continuing our partnership in the year ahead! #CHMAttorneys #KeDezemba #HappyHolidays #FestiveSeason

Objections were overruled, and the court was in session—just not the kind we’re used to! 🎾⚖️ Cowan-Harper-Madikizela's year-end celebration took the CHM team to the padel court, where we served up some friendly competition and filed plenty of laughs. Here’s to a year of wins, both in and outside of the courtroom. On to the next trial (of course, with fewer swings)! #CHMAttorneys #YearEndCelebration #ObjectionToBoringParties #Padel #Court

Exciting day on the greens! Ravie Govender, Head of the Corporate Law and Commercial Litigation Practice and Henry (Ge') Korsten, Head of the Property, Conveyancing and Litigation Practice proudly represented Cowan-Harper-Madikizela at the Pink Day Charity Golf Day, alongside the Lions Cricket Team and Cricket SA, in support of breast cancer awareness. Together, we showcased our commitment to this important cause while enjoying some quality time on the course. Here’s to making a difference with a swing and a smile!🏌️♂️   #CHMAttorneys #PinkDay #BreastCancerAwareness #CommunityEngagement

As the end of the year approaches, restraint disputes generally become more prevalent. The law in respect of restraints of trade has slowly been developing, and Courts have seemingly become more willing to interdict the infringement of proprietary interests, without taking the offending employee out of work. Neil and I wrote on this issue - it's worth the read! #chmattorneys #restraintoftrade #timeschange

We are looking forward to having Aiden Newman join Cowan-Harper-Madikizela's Cape Town team in January 2025. Aiden will be joining the firm as a Candidate Attorney in the Employment Law Practice. #CHMAttorneys #EmploymentLaw #CandidateAttorney #CapeTown

The CIPC - Companies and Intellectual Property Commission (a member of the dtic Group) has placed numerous companies and close corporations in the process of deregistration for failing to file their annual returns on time. In this article, Henry (Ge') Korsten, the Head of Property, Conveyancing and Litigation at Cowan-Harper-Madikizela, examines the effect of the deregistration of a legal entity by the CIPC on Bona Fide Third Parties. Follow this link to read the full article:- https://lnkd.in/dY876gMj #CHMAttorneys #CIPC #deregistration #creditors #thirdparties #property #Conveyancing #litigation #commerical #companylaw