What are the opening hours?

Monday 08:00 - 17:00 Tuesday 08:00 - 17:00 Wednesday 08:00 - 17:00 Thursday 08:00 - 17:00 Friday 08:00 - 16:00

TDP Legal

Barnard & Associates t/a TDP Legal is a Port Elizabeth-based firm offering practical legal solutions in commercial, corporate, medical law & conveyancing.

We provide tailored legal services to businesses, healthcare practitioners & individuals

27/03/2026

Directors aren’t just decision makers. Their choices impact the day to day running the business.

23/03/2026

Employees are impacted by corporate governance more than you think. Your company’s MOI sets the rules for decision-making that affect pay, promotions and policies.

20/03/2026

A company does not always shield you.

A PTY (LTD) is a limited liability company, but it does not offer blanket protection. Especially in the following instances:
1. Reckless trading
2. Fraudulent misconduct
3. Failure to declare conflict
4. Signing suretyships
5. Trading while solvent

18/03/2026

Directors aren’t just decision-makers they’re fiduciaries.

Their duties include:�
• Acting in good faith�
• Acting in the best interests of the company�
• Exercising reasonable care and skill�
• Avoiding conflicts of interest�
• Not using the company for personal gain

A breach can result in personal liability.
Directorship carries statutory and fiduciary duties. Ignorance is not a defence.

16/03/2026

A director manages and controls the company but doesn’t automatically own it.

They can also be held personally liable for misconduct as defined by the Companies Act. Being a director is a legal responsibility, not just a nice title.

13/03/2026

Would you go into business with someone without a written agreement?
Yet many people do.

Business partnerships don’t fail because of handshakes. They fail because
expectations were never legally defined.

Know the numbers. Know your documents.

11/03/2026

Being a minority shareholder doesn’t mean being powerless but only if your shareholders agreement protect you.

The law offers remedies, but prevention is better than litigation.

09/03/2026

Many people say, “I’m a Shareholder” but don’t fully understand what that means. A shareholder owns the company. Directors manage it. Ownership does not automatically mean control.

Your voting rights, dividends, and access to information depend on:
• Your MOI
• The Companies Act
• The Shareholders Agreement

Ownership does not automatically mean control. Your rights depend on the structure.

08/03/2026

Women supporting women is a powerful force.
Today we celebrate the women who continue to lead, inspire, and make a difference.
Happy International Women’s Day from TDP Legal.

06/03/2026

The problem isn’t your partner. It’s the document you never updated.

04/03/2026

MOI vs Shareholders Agreement.

They are NOT the same thing.
Many business owners assume one replaces the other. It doesn’t. Your MOI is the public constitutional document of the company. Your Shareholder’s Agreement is a private contract between the shareholders. They serve different purposes and both matter.

Before you bring in partners, restructure equity, or raise capital, make sure these two documents align. Misalignment today becomes litigation tomorrow.

Address

45 Villiers Road, Walmer
Port Elizabeth

Opening Hours

Monday	08:00 - 17:00
Tuesday	08:00 - 17:00
Wednesday	08:00 - 17:00
Thursday	08:00 - 17:00
Friday	08:00 - 16:00

Website

https://tdpsa.co.za/4050-2/

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