Company Secretarial and Corporate Governance Services Agreement (favour of the receiver)

R600.00

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EXPLANATORY NOTES FOR THE COMPANY SECRETARIAL AND CORPORATE GOVERNANCE SERVICES AGREEMENT, WHERE SUCH AGREEMENT IS IN FAVOUR OF THE PARTY RECEIVING THE SERVICES

This agreement is for use by entities that REQUIRE the provision of company secretarial and corporate governance services. It is an agreement that is structured to protect the rights of the party that RECEIVES these services.

Note that this agreement can only be used where the receiver of services does not constitute a “consumer” in terms of the Consumer Protection Act. i.e the receiver MUST BE a juristic entity with a turnover or asset value equal to or more than R2m at the time of the transaction.

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SKU: MNY-CORP-GOV-REC Category:

Description

Moneyweb Insider Gold subscribers receive 12.5% discount!

EXPLANATORY NOTES FOR THE COMPANY SECRETARIAL AND CORPORATE GOVERNANCE SERVICES AGREEMENT, WHERE SUCH AGREEMENT IS IN FAVOUR OF THE PARTY RECEIVING THE SERVICES

This agreement is for use by entities that REQUIRE the provision of company secretarial and corporate governance services. It is an agreement that is structured to protect the rights of the party that RECEIVES these services.

Note that this agreement can only be used where the receiver of services does not constitute a “consumer” in terms of the Consumer Protection Act. i.e the receiver MUST BE a juristic entity with a turnover or asset value equal to or more than R2m at the time of the transaction.

Note: we will shortly make available agreements that regulate transactions that fall under the Consumer Protection Act. This agreement is for transactions that DO NOT fall under the Consumer Protection Act. Always make certain that the receiver of services under this agreement is neither a juristic person with assets or a turnover UNDER R2m nor a natural person.

PLEASE NOTE: If you are a party that PROVIDES company secretarial and corporate governance services, it is suggested that you make use of the agreement, titled “Company Secretarial and Corporate Governance Services Agreement- Provider“, as the latter agreement is more protective of your rights. You may also use the Generic Services Agreement – Receiver and tailor accordingly.

HOWEVER, if you are a party that RECEIVES the company secretarial and corporate governance services, then this is the correct agreement for you to use as it is more protective of your rights.

This agreement:

  • is legally substantive (13 pages in total);
  • is bordered;
  • has pages numbered;
  • is fully justified;
  • is typed up using Tahoma font, size 10;
  • has been meticulously spell-checked;
  • is extremely professional in its appearance;
  • has several drafting notes therein to guide a legal practitioner;
  • can be printed onto 13 A4 pages. (In the interests of the environment, SITL legal suggests that the agreement rather be printed back to back on 7 pages).

This COMPANY SECRETARIAL AND CORPORATE GOVERNANCE SERVICES AGREEMENT – RECEIVER contains the following clauses:

  1. PARTIES
  2. DEFINITIONS AND INTERPRETATION
  3. RECORDAL
  4. APPOINTMENT AND RELATIONSHIP BETWEEN THE PARTIES
  5. BBBEE STATUS
  6. GOOD FAITH
  7. DURATION
  8. SERVICES
  9. PAYMENT
  10. LIABILITY, INDEMNITY AND INSURANCES
  11. TERMINATION
  12. GOVERNING LAW AND JURISDICTION
  13. DISPUTE RESOLUTION
  14. CESSION AND ASSIGNMENT
  15. WARRANTIES AND UNDERTAKINGS
  16. DOMICILIUM AND NOTICES
  17. GENERAL

APPENDIX 1: FORM OF CONFIDENTIALITY UNDERTAKING

APPENDIX 2: DESCRIPTION OF THE SERVICES TO BE PROVIDED, FREQUENCY AND COST, SERVICE LEVELS, PENALTIES

Please read carefully through the agreement and fill in all missing details; in preparing a signature document, please have regard to all the notes we have placed hereon to assist you with the conclusion of a professional, legally binding agreement.

Moneyweb Readers: R 600.00 incl VAT
Moneyweb Insider Gold subscribers: R 525.00 incl VAT

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