VAN EEDEN RABIE ATTORNEYS
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Shareholder's Agreements


The implementation of the 2008 Companies Act had significant implications for existing shareholder’s agreements. An MOI can be supplemented by a shareholder’s agreement. The Companies Act and a company’s MOI however rank above a shareholder’s agreement to the extent that the shareholder’s agreement is inconsistent with the Act or the MOI.
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A shareholders agreement may deal with matters that are not covered by the Companies Act, alter only “alterable” provisions of the Act, and impose on the company more onerous or restrictive requirements than are required by unalterable provisions of the Act. But, whether you are a party to an existing shareholder’s agreement, or a shareholder about to become a party to a new shareholder’s agreement, you should distinguish between the different roles of the MOI and a shareholders agreement.

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  • Home
  • ABOUT THE FIRM
  • FIELDS OF EXPERTISE
    • COMMERCIAL & SMALL BUSINESS LAW >
      • Companies
      • Business Agreements
      • Commercial Leases
      • Sale of Business
      • Partnership
      • Joint Venture
      • Franchising
      • Restraints of Trade
      • International Licensing Agreements
      • Project Management
      • Construction Law
      • Product Liability
      • Product Recalls
      • Competition Law
      • Debt Collection
      • Insolvency, Sequestration and Liquidation
      • Website and Domain Names
      • Trade marks
      • Inventions and Patents
    • CORPORATE LAW >
      • Company Registration
      • Company Reregistration
      • Company Secretarial Services
      • Memorandum of Incorporation
      • Shareholder's Agreements
    • PERSONAL AND FAMILY LAW >
      • Wills and Testaments
      • Estates and Estate Planning
      • Executors and Agents
      • Personal Trusts
      • Antenuptial Contracts
      • Divorce
      • Maintenance
      • Care, Contact and Guardianship
      • Sequestration and Insolvency
      • Mediation
    • CONSUMER PROTECTION >
      • Consumer Protection and the Consumer Protection Act
      • Credit Agreements and the National Credit Act
      • Cooling-off Rights
      • Product Defects
      • Defective Repairs
      • Injuries Caused by Defective Products
      • Unfair Contracts
      • Rental Agreements and Leases
      • Housing Consumers
      • ITC / Black-Listed
      • Older Persons and the Law
      • Investment Laws
      • Building Contract Disputes
  • CONTACT US