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Managing Director SchoemanLaw Inc
Mrs Nicolene Schoeman – Louw is an admitted Attorney of the High Court of South Africa, Conveyancer, Notary Public and Mediator; with a passion for entrepreneurs and helping them reach their most ambitious goals. She has enjoyed the confidence of many successful entrepreneurs (both locally and abroad) over the years and continues to do so. As a trusted advisor she has actively contributed to the successes of many businesses, helped and continues to help many entrepreneurs build lasting legacies.
Nicolene holds an LLB degree cum laude LLM degree from the University of the Free State. In addition, she holds a postgraduate diploma in financial planning (CFP) from the University of Stellenbosch.
She publishes widely on various mainstream and academic publications. She is also a regular guest on radio stations such as RSG, Radio 786, SAfm and Cape Talk to name a few.
Other Awards and achievements:
- 2012: Finalist in the Professional Category of the Regional Business Achievers’ Awards (RBAA) – Western Cape
- 2013: Finalist as CEO magazine’s Most Influential Women in Government and Business Africa
- 2019: Runner-up WOZA Women in Law Awards Corporate Attorney (Practicing)
- 2019: Finalist Standard Bank Top women Awards Top Young Achiever Under 40
South African courts are willing to enforce any valid foreign arbitral award involving international or cross-border commercial disputes, as regulated by the International Arbitration Act 15 of 2017, on the same basis as a High Court judgment.
The removal of directors should be carefully considered (especially) when a Director contracts with the Company for a specified period. A premature termination (unless he/she has committed a serious breach of the agreement) may entitle the aggrieved Director to damages. It is therefore critical that Companies construct their own internal procedures to deal with issues of this nature.
A recent judgment in First National Nominees Pty Ltd and Others v Capital Appreciation Limited has, to a certain extent, provided much-needed clarity as to whether a company's acquisition of more than 5% of its issued shares is in fact a scheme, or merely subject to the procedural requirements thereof. Either way, are appraisal rights triggered when the company proposes such a buyback?
A reflection on conflicts of interest and misappropriation of corporate opportunity under modern Company Law in South Africa.
A force majeure is generally defined as “an act of God or man that is unforeseen and unforeseeable and out of the reasonable control of one or both of the parties to a contract, and which makes it objectively impossible for one or both of the parties to perform their obligations under the contract.”
The role of leadership in both the public and private sector has become pivotal amid the crisis of the Covid-19 pandemic and the South African government’s reaction thereto under the Disaster Management Act 57 of 2002 as amended.
Covid-19: Mediation between landlords and tenants – a critical tool now? Using mediation to resolve disputes could prove to be more efficient in the long term, and our economy might depend on it.