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Can an external company be wound up in South Africa? An update

A relevant ruling in the Steinhoff case gives welcome clarity on the status of insolvent external companies in South Africa The recognition and incorporation of external companies is provided for in South African legislation.  External companies were recognized in the Companies Act 61 of 1973 (the 1973 Act) and this recognition was continued in the Companies Act 71 of 2008 (the 2008 Act).  The question whether a South African court has the necessary jurisdiction to bring about the winding-up of an external company has important consequences for foreign-registered entities, especially large multinational corporations operating in our jurisdiction. 

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