Schmidt v Weaving (557/06)
Schmidt v Weaving (557/06) [2008] ZASCA 123; 2009 (1) SA 170 (SCA) ; [2009] 1 All SA 297 (SCA) (29 September 2008)
The Supreme Court of Appeal held that the attachment of the appellant's member's interest in Le Cap International CC was invalid because actual notice of the attachment was not given to the close corporation. The court found that notice to the Registrar of Close Corporations was insufficient, as the Registrar does not participate in the transfer of member's interests and cannot prevent such transfer. Section 25 of the Close Corporations Act does not override the requirement for actual notice to the corporation. Without valid attachment, the court lacked jurisdiction over the appellant, a pere…
Source excerpt
- Attachment Of Member Interest
- Jurisdiction Over Peregrinus
- Close Corporations Act
- Service Of Process