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South Africa Case Law

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Commercial And Corporate [2022] ZASCA 176

Mellet N O and Others v Vermeulen and Another (1049/2021)

Mellet N O and Others v Vermeulen and Another (1049/2021) [2022] ZASCA 176 (7 December 2022)

The Supreme Court of Appeal held that the appellants failed to prove a trust inter vivos met the statutory requirements to hold a close corporation interest.

  • Close Corporation Act
  • Trusts As Members
  • Statutory Interpretation
  • Invalidity Of Contract
  • Onus Of Proof
  • Close-corporation-act
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Commercial And Corporate [2021] ZAFSHC 141

Vermeulen & Another v Mellet N.O. & 2 others (A142/2020)

Vermeulen & Another v Mellet N.O. & 2 others (A142/2020) [2021] ZAFSHC 141; [2021] 4 All SA 281 (FB) (27 May 2021)

The court held that the trust’s attempted sale of a close corporation member’s interest was void ab initio for non-compliance with section 29 of the Close Corporations Act.

  • Close Corporations Act
  • Trusts As Members
  • Statutory Compliance
  • Nullity Of Contract
  • Declaratory Relief
  • Close-corporations-act
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Commercial And Corporate [2020] ZAFSHC 61

Mellet NO and Others v Vermeulen and Another (2702/2019)

Mellet NO and Others v Vermeulen and Another (2702/2019) [2020] ZAFSHC 61 (13 March 2020)

The court held that an inter vivos trust could hold a close corporation interest under section 29(1A) and enforced the sale agreement, dismissing the counter-application.

  • Close Corporation Membership
  • Trusts As Members
  • Contract Enforceability
  • Declaratory Relief
  • Security For Payment
  • Close-corporation-membership
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.