Clarifying Corporate Foundations: Memorandum of Incorporation vs Shareholders Agreement

Introduction In the framework of South African company law, two key documents shape how a company is governed and how its internal relationships function: the Memorandum of Incorporation (MOI) and the Shareholders’ Agreement. While these instruments often work in tandem, understanding their differences is critical when determining where to record specific governance or ownership arrangements. […]

Access to Company Information: Shareholders Rights Under South African Law

Overview South African company law recognises the importance of transparency and accountability in corporate governance. To this end, the Companies Act 71 of 2008 (“the Act”) establishes specific rights that entitle shareholders to access certain corporate records. These rights are intended to allow shareholders to monitor their investment, evaluate management performance, and make informed decisions […]