by Guthrie Colananni Attorneys | Jul 26, 2022 | Company / Corporate / Compliance, Debt Recovery
“… for the benefit of immunity from liability for its debts, those running the corporation may not use its formal identity to incur obligations recklessly, grossly negligently or fraudulently. If they do, they risk being made personally liable.” (Quoted in the...
by Guthrie Colananni Attorneys | Jan 4, 2022 | Business, Company / Corporate / Compliance
“All is fair in love and war…and business is war.” (Jasmine Kundra) When company directors are locked in dispute, one of them may be tempted to cut off the other’s access to emails and to the business server – a tactic likely to have immediate and serious...
by Guthrie Colananni Attorneys | Jul 27, 2021 | Company / Corporate / Compliance, Insolvency / Liquidation, Litigation
“Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for the “first aid for companies” option of business...
by Guthrie Colananni Attorneys | Apr 25, 2021 | Business, Company / Corporate / Compliance, Employment and Labour Law
“For him to be forced out of a career of choice to start working in a different field at a time when many businesses are closing down, retrenchments and lay-offs being commonplace and individual[s] doing everything possible to survive and cope with the health and...
by Guthrie Colananni Attorneys | Mar 29, 2021 | Company / Corporate / Compliance
“…the mere exercise of majority shareholding voting rights does not amount to oppression…” (extract from judgment below) What happens when a company’s directors and shareholders fall out and cannot reconcile their differences? “Relief from oppressive or...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Business, Company / Corporate / Compliance
“A company must keep minutes of the meetings of the board, and any of its committees…” (Extract from the Companies Act) Steinhoff and other high profile corporate scandals both here and overseas highlight the need for directors to ensure that their board and committee...
