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The Companies Amendment Act puts directors in the hot seat

03 October 2024

Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024... (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.  

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18
Article

Merging the pieces when transactions become indivisible

03 October 2024

On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its... approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa. 

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21
Article

Piecing together the puzzle of cross-border cases

03 October 2024

In July 2024 the Supreme Court of Appeal (SCA) handed down a judgment that confirmed the requirements for when and... where South African Courts can hear cases involving foreign companies and what the requirements are for our courts to have jurisdiction in cases involving online publications by such foreign companies. 

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20
Article

Navigating the legal blueprint for property expansions

03 October 2024

Building a second dwelling on your property offers an excellent opportunity to generate extra income, whether by creating a bed... and breakfast, guest house, holiday rental, or long-term rental property. However, it's not as simple as 'build it and they will come.' There are important legal and compliance requirements that must be considered before you venture into such a development. 

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17
Article

The Companies Amendment Act puts directors in the hot seat

03 October 2024

Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024... (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.  

READ MORE
18
Article

Merging the pieces when transactions become indivisible

03 October 2024

On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its... approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa. 

READ MORE
21
Article

Piecing together the puzzle of cross-border cases

03 October 2024

In July 2024 the Supreme Court of Appeal (SCA) handed down a judgment that confirmed the requirements for when and... where South African Courts can hear cases involving foreign companies and what the requirements are for our courts to have jurisdiction in cases involving online publications by such foreign companies. 

READ MORE
20
Article

Navigating the legal blueprint for property expansions

03 October 2024

Building a second dwelling on your property offers an excellent opportunity to generate extra income, whether by creating a bed... and breakfast, guest house, holiday rental, or long-term rental property. However, it's not as simple as 'build it and they will come.' There are important legal and compliance requirements that must be considered before you venture into such a development. 

READ MORE
17
Article
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Filter: Business
Don’t forget about POPIA when using WhatsApp for business communication

15 September 2022

Lastly, remember that an employer remains responsible for the conduct of its employees under POPIA, and should an employee share... personal information of a client obtained on WhatsApp with other third parties without the consent of the client, your business will be liable for such conduct in contravention of POPIA.

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831
Article
The effect of a transfer of a business as a going concern on an employer and an employee

05 July 2022,  Aqeelah Petersen, Fanie Botes

The phrase “out with the old, in with the new” is not completely true when it comes to the transfer... of a business as a going concern.

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2727
Article
Covid Advisory: Business rescue can help bring your creditors to the table

02 July 2020

Did you know that business rescue proceedings can be used as a strategic tool to assist your business in negotiating... with creditors?The economic effects of the COVID-19 pandemic, the national lockdown and the global recession are being experienced by most businesses across all sectors in South Africa. As a result, many otherwise successful and profitable businesses are experiencing varying degrees of financial pressure and distress.

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642
Article
When is it necessary to apply as a credit provider?

05 July 2019

I am considering to lend an amount of R400,000 to a friend who needs the cash urgently. It will only... be on a short term basis as one of his insurance policies will pay out in the next 6 months and he will be able to pay me back with some interest. Somebody mentioned to me that nobody can lend any money to anyone unless the lender is registered as a credit provider.

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652
Article
Trustee resolutions and autorisation – Must all the trustees be involved?

27 March 2017,  Corné Nunns

Scenario 1: I created a family trust as the founder and we are three trustees. We want to buy a... property in the trust but have not received the Letters of Authority from the Master. Can we conclude an offer to purchase on behalf of the trust?

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4774
Article
What must my attorney keep confidential?

07 October 2016

I have an appointment with an attorney to obtain legal advice on my business and its structuring. I will have... to share certain confidential information with regards to my business with him. Does this fall under the protection of attorney-client privilege?

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894
Article
Can my husband also be my business partner?

12 September 2016

My husband and I are married out of community of property and without the accrual. For the last ten years... we have both worked together in our family business. Due to health reasons, my involvement in the business is becoming less. Our marriage is also upon difficult times, and I am concerned that should we end up in a divorce, whether I would be entitled to share in the profits of the business which we have built up together.

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836
Article
Help! My competitor is stealing my customers!

02 June 2016

Just over two years ago I purchased a brand agency and included a restraint of trade clause in the sale... agreement preventing the seller from also opening up a brand company in the same region. Now just over two years later, the seller has opened up another brand company in direct competition to me and is actively canvassing my clients to move to his company. I paid him for his company and now he is trying to take away my customers. Is there anything I can do to stop him?

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618
Article

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