Skip to content

menu

Financial Institutions Legal Snapshot logo
HomeAboutContact
Search
Close
GeneralInsuranceBankingHealthcare
View topics Archives
Subscribe

Financial Institutions Legal Snapshot

South Africa and global insurance, financial institutions, banking and general law know–how

memorandum of incorporation

Subscribe to memorandum of incorporation via RSS

MOI Can Govern Director Removal Beyond Section 71 and 162 of the Companies Act

Photo of Christina Pretorius
By Christina Pretorius on May 6, 2025

This blog is co-authored by Justine Subramoney, a candidate attorney.

A Company’s Memorandum of Incorporation or MOI is its most important document. However, section 15 of the Companies Act provided that an MOI must be consistent with the Act and any clause that is not will be void to the extent it is not. In…

Posted in Corporate, Interpretation

Shareholder can only sue on behalf of a company if empowered by a board resolution or the MOI  

Photo of Amber Kardamilakis
By Amber Kardamilakis on October 4, 2024

This blog was co-authored by Jos Fogle, Candidate Attorney.

In August 2024, the High Court found that a shareholder does not have the authority to institute legal proceedings on behalf of the company it is a shareholder of without (1) a resolution from the underlying company’s board of directors or (2) express authority in the…

Posted in General

Financial Institutions Legal Snapshot

Facebook Twitter RSS LinkedIn
Published by
Norton Rose Fulbright LLP logo
DisclaimerPrivacy policy

About

Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

Read more

Topics

Archives

Copyright © 2025, Norton Rose Fulbright LLP. All rights reserved.