IN THE NEWS
When the game isn’t worth the candle
Smarter ways to resolve business disputes There is a moment in most disputes where emotion overtakes economics. Pride digs in. Letters get sharper. Threats of court are made. And yet, by the time a matter reaches trial, the real question often lingers in the background: was the game worth the candle? For business owners and ... Read more
The hidden risks in farm inheritance: estate liquidity matters
For many South African farmers, a farm is more than an asset – it is ... Read more
Crossing the line: Legal risks of using company funds for personal expenses
As the end of the financial year approaches for companies with a February 2025 year-end, ... Read more
Beneficial Ownership disclosure deadline looms for businesses
The Companies and Intellectual Property Commission (CIPC) has set new obligations for reporting beneficial ownership ... 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 ... 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 ... 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, ... 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
Public Policy deserves expert mediation
The recent Firearms Control Amendment Bill has sent a few tempers flaring; at least one could say “the debate is on.” The new Bill replaces the Firearms Control Amendment Bill, 2015, and, as in any passing of legislation and Public Policy (the laws and regulations ... Read more
Should you structure your business as a Partnership or as a Private Company?
Partnership agreements mirror the spirit and purpose of more formalised business structures such as a company, but are not as regulated by legislation.
Business rescue – more pros than cons, but for whom?
Depending from whose perspective you are looking when it comes to the pros and cons of business rescue, all ‘affected persons’ have a vested interest in the success of the business rescue process. However, some parties may come out on the other side feeling a little ... Read more
Drawing up a Power Of Attorney – be careful whom you appoint to act on your behalf
A Power of Attorney, as the name implies, is a written authorisation for an appointed person to represent or act on another's behalf with regard to his/her private affairs, business, medical, health or other legal matters. Anyone can be appointed to act on your behalf provided they have the legal capacity to ... 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