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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.

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Fanie Botes

Consultant, Commercial Department

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George

Send email

044 874 1140

086 615 9449

083 284 3493

Fanie Botes

Consultant, Commercial Department

BOOK CONSULTATION PROFILE

George

Send email

044 874 1140

086 615 9449

083 284 3493

Deregistration looms for non-compliant companies

24 July 2024

The recent ruling of Goosen v Minister of Trade and Industry and Others (EL 639/2024) [2024] ZAECELLC 28 highlights the... critical duty companies have to file annual returns with the Companies and Intellectual Property Commission (CIPC) and the significance of the procedures companies must follow to reinstate a deregistered company.

296

Article

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

318

Article

Trusts: Majority rules, or unanimity triumphs?

27 July 2023

444

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”)?

889

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?

785

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?

2446

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

884

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.

843

Article

Deregistration looms for non-compliant companies

24 July 2024

296

Article

The latest developments in respect of the new Anti-money Laundering Legislation

28 August 2023

318

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.

444

Article

New registration requirements for non-profit organisations

13 June 2023

889

Article

Who may access the financial statements of a private company?

10 January 2023

2446

Article

When must a director disclose a financial interest?

08 February 2022

884

Article

Companies Act Amendment Bill – less red tape or more?

14 December 2021

843

Article

Share buyback? Possible, but take care!

15 November 2021

I’m a shareholder in a private company and wish to get rid of my shares to free up some cashflow.... That said, I don’t want to sell to a stranger and my other shareholders don’t want to buy my shares either. One of them suggested that the company buy back my shares. Is this allowed?

2670

Article

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Featured Insights

GUIDELINES FOR USING A FIREARM IN SELF-DEFENCE - UNDERSTANDING THE LAW IN SOUTH AFRICA

06 December 2024, Lefevré Joubert

In South Africa, owning a firearm is a significant responsibility, particularly with the current climate of crime and security concerns.

206

Article

Capital gains distributions between trusts – who gets taxed?

03 December 2024

Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by... the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.

Article

When and how can a trustee resign from a trust?

03 December 2024

There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust.

Article