Our Companies Act practitioners

are well positioned to help your company ensure compliance with the Companies Act legislation. We also offer training tailored to your business needs to help you meet your obligations.

The Companies Act

When the 'new' Companies Act, No 71 of 2008 came into force on 1 May 2011, it marked the beginning of a significant era for corporate law in South Africa. Although much of the old law was retained, many significant new concepts and changes were introduced. Cliffe Dekker Hofmeyr is well positioned to help your company ensure compliance with the legislation. We also offer training tailored to your business needs to help you meet your obligations.

Our services include:

  • Transitional arrangements.
  • The Shareholders' Agreement and Memorandum of Incorporation (MoI).
  • The codification of the duties and liability of directors and so-called 'prescribed officers'.
  • Corporate governance in general.
  • The appointment of certain board committees.
  • Business rescue proceedings.
  • Corporate finance and corporate capital.
  • Audit requirements.
  • Intra-group loans in terms of section 45 of the new Act.
  • Mergers, acquisitions and other fundamental transactions.
  • The Companies and Intellectual Property Commission and the Companies Tribunal.
  • The future of close corporations.
  • No par value shares.

Ranked Practitioners

  • Chambers Global 2011–2020 ranked Preeta Bhagattjee in Band 1 for IT & Telecommunications. Chambers Fintech 2019-2020 ranked Preeta in Band 2.

  • Chris Charter is the National Practice Head of the Competition team. Chambers Global 2018-2020 ranked him in Band 1 for competition/antitrust. Chambers Global 2015–2017 ranked him in Band 2 for competition/antitrust. The Legal 500 EMEA 2017–2019 recommended Chris as a leading individual for competition. The Legal 500 EMEA 2012–2016 recommended him for competition. IFLR1000 2018-2020 recommended him as a highly regarded competition lawyer. IFLR1000 2011–2017 recommended Chris as a leading lawyer for competition. Who’s Who Legal identified Chris as one of world’s leading Competition lawyers for 2017 – 2019. He was identified in The International Who’s Who of Competition Lawyers & Economists 2014 and The International Who’s Who of Business Lawyers 2014.

  • Tim Fletcher is the National Practice Head for the Dispute Resolution team. Chambers Global 2019-2020 ranked Tim in Band 3 for dispute resolution. Chambers Global 2015–2018 ranked Tim in Band 4 for dispute resolution. The Legal 500 EMEA 2016–2019 recommended him as a leading individual for dispute resolution and recommended him from 2013–2016. The International Who’s Who of Business Lawyers 2015 identified Tim as being among the world’s leading asset recovery lawyers. He was named as the exclusive South African winner of the ILO Client Choice Awards 2017–2018 in the litigation category. Who’s Who Legal 2018 identified Tim as one of the world’s leading Insurance & Reinsurance lawyers.

  • IFLR1000 2018-2019 recommended Yaniv Kleitman as a notable practitioner.

  • Chambers Global 2020 Gillian Lumb was ranked in Band 3 for employment. In 2017–2019 she was ranked in Band 4 for employment. The Legal 500 EMEA 2012–2014 and 2017–2018 recommended her for employment.

  • IFLR1000 2018-2020 recommended Francis Newham as a notable practitioner.

  • Aadil Patel is the National Practice Head of the Employment team. Chambers Global 2015–2020 ranked him in Band 2 for employment. The Legal 500 EMEA 2012–2019 recommended him for employment. He was named as the exclusive South African winner of the ILO Client Choice Awards 2014 in the employment & benefits category. Who’s Who Legal 2017–2018 identified Aadil as a leading labour & employment practitioner. He was identified in The International Who’s Who of Business Lawyers 2014, and in The International Who’s Who of Management Labour and Employment 2011–2014.

  • Willem Jacobs is the National Practice Head of the Corporate & Commercial team. Chambers Global 2014–2020 ranked Willem in Band 2 for corporate/M&A. The Legal 500 EMEA 2016–2019 recommended him as a leading individual for commercial, corporate/M&A. Willem was also recommended in 2012–2016 for mining; as well as commercial, corporate and M&A. IFLR1000 2018-2020 recommended Willem as a highly regarded lawyer for M&A and private equity. IFLR1000 2011–2015 and 2017 recommended him as a leading lawyer in this area. Who’s Who Legal 2019 ranked Willem as a leading lawyer in M&A and Governance. Who’s Who Legal 2017–2018 identified Willem as a leading lawyer for M&A. He was identified as a leading lawyer by The International Who’s Who of Mergers & Acquisitions Lawyers 2014 and was identified in The International Who’s Who of Business Lawyers 2014.