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Addressing Minority Shareholder Oppression: Effective Remedies

12 August 2024

Being a minority shareholder can leave you powerless in situations where decisions are made against your wishes. Most Memorandums of... Incorporation (MOIs) typically require a 75% majority vote for special resolutions to pass, regardless of your dissent. This scenario can lead to feelings of oppression and unfair prejudice.

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962
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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504
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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814
Article
What shares can my company have?

09 May 2016

I want to set up a private company for my business and have an investor that is interested in providing... some seed capital but asked for preference shares in return. I’m not quite sure though what the difference between a preference share and an ordinary share is. Can I lose control over the company if I give him preference shares?

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1024
Article

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