IN THE NEWS
Withholding evidence of a crime to pressure a party to settle a matter is a crime
The crime of compounding If you have been the victim of a crime and neglect to report or prosecute the accused or suppress any evidence against him or her in exchange for money or any other form of compensation you have committed a crime yourself, and if convicted, you may be fined or worse, face ... Read more
Inner-city living. When is noise just noise and not a nuisance?
We all live in a world of noise. Our cities reverberate with the cacophony of ... Read more
Buying or selling a farm in South Africa – make sure it’s a watertight contract
The market for farms in South Africa has attracted significant interest over the last few ... Read more
Is your Social and Ethics Committee obligated by Rule 41?
In May 2012 it became mandatory for every listed public company, state-owned company and any ... Read more
You schmooze, you lose – inducing someone into a contract can render it null and void
A recent court ruling clarified the South African legal position on what is known in legal terms as Misrepresentation. Misrepresentation, whether fraudulent, negligent or innocent, arises when a party has been induced to enter a contract by the other party’s misrepresentation of facts.
Key changes that POPI has brought about for the insurance industry
The insurance environment in South Africa has received much attention of late and has had to evolve at a rapid pace, driven by increasing regulation, ... Read more
Investing in a business: are you buying shares or buying the business?
Investing in a business: are you buying shares or buying the business?
Resolving disputes in sectional titles
A fallout with the body corporate, a neighbour or trustee over issues pertaining to your sectional title property needn’t be a stressful, highly-charged, drawn-out or costly ... Read more
Investment scams – legal methods available when the bad guy does a runner
South Africans have once again been duped and sickened by the recent Mirror Trading International/Bitcoin investment scandal: one we are all too familiar with – ... Read more
Calculating a Business Interruption Claim
Recent court rulings in favour of companies calling up the Business Interruption clause of their insurance policy have set a welcome precedent for potential financial ... Read more
How’s that debtors’ book reading?
The ramifications of COVID-19 on any part of the business environment can cause your customers to suffer cash-flow problems, delay or default on payments, shut down their businesses or file for bankruptcy. Now, more so than ever, it is imperative for credit controllers and financial directors to keep a close eye on the ball and to manage their debtors’ books carefully and appropriately.
The removal of directors from a company
I think you’ll find it’s more complicated than you think In this day and age, and more so given the amendments to employment contracts during ... Read more
Is Restraint of Trade enforceable if you are retrenched?
South Africa’s third-quarter unemployment statistics were released earlier this month, reported at a whopping 30.8% and thus falling within the top twenty highest in the ... Read more
Considering selling your business? I think you’ll find it’s more complicated than you think
Selling your business might be an outcome you cannot avoid due to the current financial climate, you may make a choice to pass on the ... Read more
Where there’s a will there’s a way (forward)
Why it’s vitally important for you to have a valid will No-one wants to think about leaving this world but, at some stage, you will, and ... Read more
Covid Casualties – the importance of a solid Agreement of Sale
Deeds office delays are commonplace in 2020 and the demand is not expected to ease as the property market begins to revive. The registrar continues ... Read more
Got trust issues? How to remove trustees from a business trust
Trusts have been used for many years to protect the assets of their beneficiaries - a legal arrangement designed to hold and manage assets overseen by appointed trustees. A business trust requires that a trustee does more than just protect and administer the trust property and ... Read more
Insurance policy renewals – the devil is in the details
Although your insurance policy should be reviewed annually, by paying your insurance premium you indicate for all intents and purposes that you agree to the terms of the policy. The insurance industry has endured a challenging 18 months and expectations are that policy renewals will ... Read more
Pulling the trigger on a deal? The Texas Auction Clause is the way to go.
Texas Auction clauses provide effective corporate law instruments for resolving deadlocks in shareholder disputes, particularly in 50:50 joint ventures where one or both partners wish to end the relationship.
The pros and cons of business rescue
In the current Covid environment it would be wise to consider business rescue as a structured, cost-efficient, effective method of returning your business to solvency that will be beneficial to all parties in some way or another, and ultimately achieve a better return than a liquidation.
You schmooze, you lose – inducing someone into a contract can render it null and void
A recent court ruling clarified the South African legal position on what is known in legal terms as Misrepresentation. Misrepresentation, whether fraudulent, negligent or innocent, arises when a party has been induced to enter a contract by the other party’s misrepresentation of facts.
Key changes that POPI has brought about for the insurance industry
The insurance environment in South Africa has received much attention of late and has had to evolve at a rapid pace, driven by increasing regulation, competitive pressures and the development of new, innovative technologies. Arguably the biggest change has been brought about by POPI and the revision of ... Read more
Investing in a business: are you buying shares or buying the business?
Investing in a business: are you buying shares or buying the business?
Resolving disputes in sectional titles
A fallout with the body corporate, a neighbour or trustee over issues pertaining to your sectional title property needn’t be a stressful, highly-charged, drawn-out or costly affair when most disputes can be settled internally or via the community schemes Ombudsman. Sectional Title schemes fall within the jurisdiction ... Read more
Investment scams – legal methods available when the bad guy does a runner
South Africans have once again been duped and sickened by the recent Mirror Trading International/Bitcoin investment scandal: one we are all too familiar with – the bad guy running off with the loot and then skipping the country. MTI, which was started in April 2019, ... Read more
Calculating a Business Interruption Claim
Recent court rulings in favour of companies calling up the Business Interruption clause of their insurance policy have set a welcome precedent for potential financial relief for those businesses who have been adversely affected by the pandemic. It’s a given that each matter will depend ... Read more
How’s that debtors’ book reading?
The ramifications of COVID-19 on any part of the business environment can cause your customers to suffer cash-flow problems, delay or default on payments, shut down their businesses or file for bankruptcy. Now, more so than ever, it is imperative for credit controllers and financial directors to keep a close eye on the ball and to manage their debtors’ books carefully and appropriately.
The removal of directors from a company
I think you’ll find it’s more complicated than you think In this day and age, and more so given the amendments to employment contracts during a time of crisis, removing directors from a company is not as simple or straightforward as you may think. The days ... Read more