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Corporate Governance
Advice and support regarding regulatory compliance, corporate governance, risk assessment, decision-making, company secretarial functions, policies and procedures, training, and the drafting of opinions and documentation.
Team
Insights
The latest developments in respect of the new Anti-money Laundering Legislation
04 October 2023
In this article, we provide an important update to trustees and company directors on the latest developments in respect of
...
the newly introduced beneficial ownership reporting for trusts and companies as introduced by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) whi
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127
Article
Trusts: Majority rules, or unanimity triumphs?
27 July 2023
Everyone is familiar with the term ‘majority rules’ and generally when applied it means that the decision of the majority
...
sticks and is valid. The question that arose in the recent case of Shepstone & Wylie Attorneys v Abraham Johannes de Witt N.O. and Others [2023] ZASCA 74 was whether the majority decision by the trustees
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186
Article
New registration requirements for non-profit organisations
13 June 2023
How does the recently passed General Laws (Anti-money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”)
...
affect the proposed Nonprofit Organisation Amendment Bill of 2021 (“NPO Bill”) and what does it mean for non-profit organisations (“NPOs”)?
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330
Article
How big is the Financial Intelligence Centre bite?
13 June 2023
More and more accountable institutions are being targeted by the Financial Intelligence Centre (“FIC”) for failing to comply with their
...
duties under the Financial Intelligence Centre Act 38 of 2001 (“FIC Act”). But what can happen if you don’t comply?
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372
Article
Who may access the financial statements of a private company?
10 January 2023
It is often thought that the financial statements of a private company are like the name implies ‘private’. But how
...
private is this ‘private’ and who has right of access to such financial information?
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748
Article
When must a director disclose a financial interest?
08 February 2022
Being a director in a company does not necessarily stop you from holding shares in other companies. However, should your
...
company transact with another company in which you have a shareholding stake and from which you could potentially benefit, it becomes important that you disclose such financial interest to your co-directors, even if you can&rsquo
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586
Article
The latest developments in respect of the new Anti-money Laundering Legislation
28 August 2023
In this article, we provide an important update to trustees and company directors on the latest developments in respect of
...
the newly introduced beneficial ownership reporting for trusts and companies as introduced by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which came into full effect on 1 April 2023 and affects all trusts and companies in South Africa.
show more
READ MORE
127
Article
Trusts: Majority rules, or unanimity triumphs?
27 July 2023
Everyone is familiar with the term ‘majority rules’ and generally when applied it means that the decision of the majority
...
sticks and is valid. The question that arose in the recent case of Shepstone & Wylie Attorneys v Abraham Johannes de Witt N.O. and Others [2023] ZASCA 74 was whether the majority decision by the trustees of a trust needed a resolution signed by all the trustees to be valid. In this article we take a look at the decision and what it potentially means for the law of trusts in South Africa.
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186
Article
New registration requirements for non-profit organisations
13 June 2023
How does the recently passed General Laws (Anti-money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”)
...
affect the proposed Nonprofit Organisation Amendment Bill of 2021 (“NPO Bill”) and what does it mean for non-profit organisations (“NPOs”)?
show more
READ MORE
330
Article
Who may access the financial statements of a private company?
10 January 2023
It is often thought that the financial statements of a private company are like the name implies ‘private’. But how
...
private is this ‘private’ and who has right of access to such financial information?
show more
READ MORE
748
Article
When must a director disclose a financial interest?
08 February 2022
Being a director in a company does not necessarily stop you from holding shares in other companies. However, should your
...
company transact with another company in which you have a shareholding stake and from which you could potentially benefit, it becomes important that you disclose such financial interest to your co-directors, even if you can’t influence the transaction.
show more
READ MORE
586
Article
Companies Act Amendment Bill – less red tape or more?
14 December 2021
I understand there are amendments being proposed to the Companies Act? Will this help make life easier or harder for
...
our company? It feels as if there is always just more red tape whenever the law changes.
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577
Article
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Featured Insights
Construction Contracts: Is it a “one-size-fits-all” decision?
22 February 2024
Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.
...
Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.
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36
Article
How far does employer liability for the actions of its employee extend?
22 February 2024
It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less
...
well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.
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34
Article
SA’s New Land Court Act – paving the way for settling land disputes
22 February 2024
In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our
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country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.
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25
Article
Construction Contracts: Is it a “one-size-fits-all” decision?
22 February 2024
Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.
...
Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.
show more
READ MORE
36
Article
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