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Showing posts with the label register a trademark

THE BUSINESS OF SHARES IN A PRIVATE COMPANY

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BRACE YOURSELF , this article is a thriller, if you can make it to the end. Genuinely though, corporate governance is something that is increasingly becoming relevant in every company, and ensuring that your statutory records and share registers are in order and regularly updated is essential to creating an investable or saleable company. It’s definitely not glamorous, but it is very necessary. We’ll start with some basics and continue with corporate governance tips in the issues to follow. Sale of Shares Agreement For whatever reason you may need to sell shares in your company? Maybe you have an investor wishing to come on board, have a new shareholder or two, or simply want to get the heck out of the company.  Whatever the reason, Legal Legends has you covered! Our template allows for an inexpensive way in which almost all aspects of the sale of shares, by providing a unique table at the end which allows you to select which parts of the agreement you would like to inc...

THE BUSINESS OF SHARES IN A PRIVATE COMPANY

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BRACE YOURSELF , this article is a thriller, if you can make it to the end. Genuinely though, corporate governance is something that is increasingly becoming relevant in every company, and ensuring that your statutory records and share registers are in order and regularly updated is essential to creating an investable or saleable company. It’s definitely not glamorous, but it is very necessary. We’ll start with some basics and continue with corporate governance tips in the issues to follow. AUTHORISED AND ISSUED SHARES Every company has an authorised share capital, which refers to the number of shares authorised and ‘created’ by the Memorandum of Incorporation (MOI). The creation of shares takes place, initially, during the registration process and is reflected on the incorporation certificate, available from the Companies and Intellectual Properties Commission (CIPC). All companies must have at least one share, and thus, at least one shareholder, in order to be validly incorp...

SEARCH ENGINES, SOCIAL MEDIA AND THE ‘RIGHT TO BE FORGOTTEN’

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A 2014 CASE , heard in the Court of Justice, European Union, between Google Inc and the Spanish Data Protection Agency created some virtual waves in the legal and Internet technology industries, particularly given the ever-expanding swathe of data collected about each of us, every time we use a search engine or access social media sites. This case is particularly interesting given the potential impact it has for Website Terms of Service and Privacy Policies in South Africa. The case concerned a Mr. Gonzalez who requested that the Spanish Data Protection Agency instruct Google to remove all personal data relating to Mr. Gonzalez so that his personal search data did not show up in Google searches of his name. Mr. Gonzalez had some undesirable electronic information linked to his name, which was presented in a mix of web pages, images and other files, and he wanted this to disappear. The data protection agency upheld this request and issued the instruction to Google Inc and its loca...

INDEPENDENT CONTRACTOR OR EMPLOYEE? THE TRUE STATE OF AFFAIRS

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THIS QUESTION has been considered in a number of countries around the world. For example, in California, certain drivers have been ruled employees despite Uber having ‘employed’ them as independent contractors. What’s the significance between the two? In the case of employees, the Basic Conditions of Employment Act and Labour Relations Act (LRA) apply, and you would have to register for the Skills Development Levy, UIF, Workman’s Compensation, SITE and PAYE, which entail continuous monetary contributions. Ending an employee’s employment is also far harder than terminating an independent contractor. The LRA ensures that certain procedures, including disciplinary hearings, are followed before an employee can be dismissed. Independent contractors on the other hand are often simply issued a notice of termination. “Legal Legend’s Trademark Registration Service: A trademark is a “brand” or “logo” that you can use to distinguish your product from those of your competitors.  Thr...