Blog

Legal Snippets

Legal Snippets

Richards Attorneys

FAILING TO DISCLOSE OR PUBLISH YOUR COMPANY'S STATUS ON CORRESPONDENCE AND ELECTRONIC COMMUNICATION.

I am often faced with correspondence sent by directors or representatives of companies who neglect to comply with corporate governance. When a company communicates in writing, it should be clear from the contents of the communication that it is sent by a company, with full reference to it's registered name, registration number. This goes much further than just a letterhead or email. It also includes quotes, invoices and receipts as it all forms part of your enterprizes communication which enables a third party to identify the fact that they are dealing with a Legal Persona or Entity. Failing to do so, constitutes misleading information.

Failing to comply with this requirement also constitutes an offense, and if a third party is prejudiced as a result of the overview, a court may be approached on an application and may hold the director or author of such letter personally liable.

If you are in doubt about the requirements, consult with your attorney to make sure that your understanding of section 32 of the Companies Act is correct.

Legal Snippets

Richards Attorneys

Richards Attorneys is fronted by General Practice Attorney, Nicolene Richards who established her law firm in 2009. Nicolene offers her legal services to clients in the greater Gansbaai area. Richards Attorneys specialises in the drafting and vetting of agreements, divorce law, maintenance, litigati...

View Profile

What is Xplorio?

Xplorio is your local connection allowing you to find anything and everything about a town.

Watch the Gansbaai Video
Read More

Recent Posts

Just how free is freedom of speech?

Just how free is freedom of speech?

Having said it before, freedom of speech does not justify unfair, untrue or slanderous comments and remarks about a person.

Richards Attorneys
Woza Awards - Nominations are open!

Woza Awards - Nominations are open!

Members of the public may nominate attorneys in any of the categories which they deem fit.

Richards Attorneys
Have you lost your property's title deed?

Have you lost your property's title deed?

Moral of this story: Nobody likes their transactions to be delayed when they sell a property.

Richards Attorneys
Think before you post.

Think before you post.

Many people seem to think that freedom of speech includes freedom of insult.

Richards Attorneys