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Dispute Resolution

Dispute Resolution

INTRODUCTION For years, corporate boardrooms across the country have whispered a dangerous gospel of false security, that a strategic resignation can outrun past misconduct. Further that majoritarian shareholding grants absolute rule and that a single director’s signature can effortlessly bind an organisation. These assumptions are just wrong. Propelled by sweeping legislative shifts of the Companies...
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SHAREHOLDER DEADLOCK IN SOUTH AFRICAN COMPANY LAW: WHEN COURTS MAY ORDER THE WINDING-UP OF A SOLVENT COMPANY Introduction Disputes between shareholders are a common feature of corporate life. While shareholders’ agreements and memoranda of incorporation are designed to regulate decision-making and prevent disputes from paralysing a company, they do not always succeed in resolving fundamental...
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