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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: Transfer
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
The when, what and how of estate agent commission

12 October 2021

We’ve put our house in the market and have an estate agent that is helping us sell our property. However,... we have also told our friends that we are selling should anyone know of an interested buyer. But what happens if we get a buyer independent from our estate agent? Must we still pay agent’s commission?

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1181
Article
Is it a prerequisite for a valid right of first refusal or pre-emptive right in respect of land to be in writing

25 June 2018

The position in the South African Law relating to the sale of immovable property had been quite clear courtesy of... the provisions of the Alienation of Land Act, Act 68 of 1981 (the "Act") as well as its predecessor.  The general principle is that any agreement for the alienation of land needs to comply with the formalities prescribed in the said Act.  This specifically applies to agreements of sale as well as options and until quite recently was automatically regarded as to also cover pre-emptive rights or a right of first refusal.

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2521
Article
Should I be nervous when dealing with a trust?

06 August 2015

I was recently made an offer to sell my business. I was not really planning on selling but the offer... sounded interesting. However, when I received the proposed offer I noticed the purchaser was a trust. I don’t know much about trusts and it made me nervous that a trust was involved as I’ve heard stories about having to be careful when dealing with a trust. Is this true, or am I being overly cautious?

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632
Article
Last chance to transfer your property tax free. But act quickly!

22 November 2012

Recent amendments to the Income Tax Act have made it possible to transfer residential property from a legal entity (trust,... company or close corporation) to an individual, without paying transfer duty, capital gains tax, dividends tax or secondary tax on companies. However the deadline for making use of this tax amnesty is 31 December 2012. Have you missed the window of opportunity or can you still make it before the end of the year?

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626
Article
Deel 2: Kan ek my huis verkoop aan ‘n buitelander woonagtig buite Suid-Afrika?

27 September 2012

Jou strandhuis is in die mark vir verkoop of verhuring. Die Franse paartjie het die advertensie op die internet gesien,... kontak gemaak uit Frankryk en stel belang om jou strandhuis te koop of te huur vir vakansies in Suid-Afrika of selfs later in te woon indien die man se aanstelling as streeksbestuurder van die nuwe Afrika-been van sy Franse maatskappy realiseer. Is dit so maklik? Kan jy sommer net jou huis so oor die telefoon verhuur of verkoop aan hierdie buitelanders? Sal die transaksie geldig wees en is daar spesifieke vereistes vir so ‘n transaksie? Die antwoorde op hierdie vrae is van groot belang vir verhuurders en verkopers wat buitelandse huurders of kopers in gedagte het.

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815
Article
Transfer Process in a Nutshell

31 August 2012,  Salomé van Wyk

The following steps briefly summarize the transfer process relating to a sale of property.

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716
Article

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