IN THE NEWS
Executors, Trustees and Business Continuity: Getting it right
Appointing an executor or trustee is one of the most critical estate planning decisions you’ll make. Yet, it’s often treated as an afterthought - a box to be ticked. For high-value estates, especially those with operating businesses, property portfolios or cross-border assets, the wrong choice can have disastrous consequences. “Your executor isn’t just there to ... Read more
Minority shareholders in a business do have rights under South African law
Being a minority shareholder in a business doesn't mean you have no say. In South ... Read more
Indemnity Schemnity
Understanding the pitfalls of standard contractual indemnities In many a business agreement, indemnities are often ... Read more
Are “Without Prejudice” offers truly without prejudice?
In the world of legal settlements and debt negotiations, the term "without prejudice" has often ... Read more
B-BBEE Fronting is a criminal offence and how to report it
“Fronting” in Broad-Based Black Economic Empowerment deals has recently found itself in the courts as Gauteng High Court Judge Ellem Francis handed down judgment on ... Read more
As a business, what should you do to deal with public liability claims?
You own a business and you put a sign up saying, “Park at your own risk” – which effectively amounts to a ‘contract’ – simply ... Read more
The importance of independent trustees in a family business trust
A family business trust is one where the trustees are beneficiaries of the trust and the beneficiaries are related to each other. It has become ... Read more
Check your zoning rights before buying a residential property for business use
How often do we see those adverts “perfect for home-office” or “ideal for business” on an estate agent’s advertising platform and take it as a ... Read more
Matters of the King
A look at some Interesting amendments to King IV, 2016 In July 1993, retired Supreme Court of South Africa Judge Mervyn E. King was asked ... Read more
Local law firm Gillan & Veldhuizen announce affiliation with top global professional service firm network
On 22 June 2017, commercial and corporate law firm Gillan & Veldhuizen (G&V Inc.) announced their affiliation with IR Global, an international professional service network. ... Read more
The benefits of selling or buying on auction
The misconceptions that auctions are reserved for distressed properties or that it is a hunting ground for bargains, is steadily being corrected as more and ... Read more
Mediation vs Litigation
Mediation, an overlooked, no-brainer With overburdened courts, lengthy trials and exorbitant litigation fees, mediation, already popular internationally, is often overlooked as a solution for individuals ... Read more
A case for mediation – After the Divorce
After the divorce It's over. You've signed the divorce papers, and the relationship you entered into with so much optimism is officially ended. Everyone's divorce story is different – perhaps you had been married for decades, maybe just a year or so; you might have ... Read more
A case for mediation – Matrimony
Mediation should be your first course of action when considering divorce proceedings You know the saying, ‘There are always three sides to a story’ – his version, her version and the truth, none more so than when it comes to divorce and why having a ... Read more
Draft Companies Act Amendment Bill released for comment
The long awaited Companies Act Amendment Bill of 2018 which aims to amend the Companies Act 2008 and is expected to clear up some of the unintended consequences that followed the 2011 Amendment, has been released for comment. The Draft Amendment Bill was released by ... Read more
Knowing a few legal concepts can save you time and money
Application or Action - know the difference You are not alone if you’ve found yourself caught dumbfounded in the middle of legal-talk between attorneys, simply nodding your head in agreement, quietly hoping things are going your way. Attorneys (like poets) are notorious for losing clients ... Read more
B-BBEE Fronting is a criminal offence and how to report it
“Fronting” in Broad-Based Black Economic Empowerment deals has recently found itself in the courts as Gauteng High Court Judge Ellem Francis handed down judgment on a case involving the Passenger Rail Agency of SA (PRASA) and Swifambo Rail Agency (Pty) Ltd. The court heard arguments ... Read more
As a business, what should you do to deal with public liability claims?
You own a business and you put a sign up saying, “Park at your own risk” – which effectively amounts to a ‘contract’ – simply put, you are saying that anyone can enter your premises on that basis - if they don’t want to then ... Read more
The importance of independent trustees in a family business trust
A family business trust is one where the trustees are beneficiaries of the trust and the beneficiaries are related to each other. It has become common practice to use inter vivos family trusts as asset protection, particularly in the context of estate planning, in order ... Read more
Check your zoning rights before buying a residential property for business use
How often do we see those adverts “perfect for home-office” or “ideal for business” on an estate agent’s advertising platform and take it as a given that the said property is in fact ‘ideal for business’? But often these advertising statements are either loosely, incorrectly ... Read more
Matters of the King
A look at some Interesting amendments to King IV, 2016 In July 1993, retired Supreme Court of South Africa Judge Mervyn E. King was asked by the Institute of Directors in South Africa to chair a committee on corporate governance. The committee’s report, aptly named, ... Read more
Local law firm Gillan & Veldhuizen announce affiliation with top global professional service firm network
On 22 June 2017, commercial and corporate law firm Gillan & Veldhuizen (G&V Inc.) announced their affiliation with IR Global, an international professional service network. This partnership makes G&V Inc. an exclusive IR Global member In South Africa, supplying commercial litigation services to all other ... Read more
The benefits of selling or buying on auction
The misconceptions that auctions are reserved for distressed properties or that it is a hunting ground for bargains, is steadily being corrected as more and more people opt for the auction floor as opposed to traditional real estate channels. The auction process has seen much ... Read more
Mediation vs Litigation
Mediation, an overlooked, no-brainer With overburdened courts, lengthy trials and exorbitant litigation fees, mediation, already popular internationally, is often overlooked as a solution for individuals and businesses to resolve disputes in South Africa. Not only has it proved to be cost-effective but more importantly, mediation ... Read more