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  • Article

    The Legal And Operational Framework For Unbundling Transactions In Accordance With Section 46 Of The Income Tax Act

    Section 46 of the Income Tax Act 58 of 1962 (the "ITA") provides roll-over relief where a company distributes shares it holds in another company to its own shareholders...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Understanding The Common Mechanisms In Commercial Agreements That Allow For Unwinding

    Commercial agreements often require mechanisms that allow parties to exit or unwind relationships when circumstances change or disputes arise. This article examines three common legal mechanisms—conditions precedent, resolutive conditions, and shotgun clauses—that provide structured pathways for parties to terminate or reverse contractual obligations. Understanding the advantages and disadvantages of each mechanism is essential for crafting agreements that protect commercial interests while main
    South Africa
Corporate/Commercial Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
  • Article

    What Is Business Rescue?

    Business Rescue proceedings entail the process of attempting to rehabilitate financially distressed companies, and find their legislative authority in Chapter 6 of the Companies Act No. 71 of 2008
    South AfricaCorporate/Commercial Law
    Bentley Attorneys
    Bentley Attorneys
  • Article

    When Friendship Meets Business: Lessons In Joint Ventures

    At the heart of many entrepreneurial ventures lies a handshake, a shared vision, and, sometimes, a lack of formal paperwork.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    New UK Anti-Bribery Laws To Impact SA Firms

    South African companies that have operations in the UK or the US - or are listed in these territories - that fail to comply with anti-corruption legislation could be on the receiving end of devastating fines or even incarceration of key stakeholders.
    South AfricaCriminal Law
    ENS
    ENS
  • Article

    Extended Producer Responsibility

    Section 2(4)(e) of NEMA provides that companies are responsibile for the environmental health and safety consequences of a policy, programme, project, product, process, service or activity throughout its life cycle.
    South AfricaEnvironment
    ENS
    ENS
  • Article

    Don't Let Your Business Get Caught In The Crossfire

    When Sandton tech-entrepreneur Michael Ndlovu (not client's real name) filed for divorce after 18 years of marriage, he assumed the fight would centre on the Camps Bay beach house...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Determining The Best Debt Collection Approach

    It is vital that any business, especially those offering products or services on credit, manage their debtors effectively, particularly in matters of payment terms.
    South AfricaFinance and Banking
    Barnard Inc.
    Barnard Inc.
  • Article

    Beware - Signing Of Credit Agreements Containing Suretyship Clauses!

    If a person signs a credit application form in a representative capacity on behalf of a company or other juristic person and is not advised that the form also contains a personal suretyship by the signatory, such document itself would constitute a misrepresentation which induced a mistake by the signatory, and the personal suretyship obligation of the signatory would be invalid.
    South AfricaLitigation, Mediation & Arbitration
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    ESG Indicators In Brief: Combatting Corruption And Protecting Personal Information

    This article is the last of a three part series which will consider environmental, social and governance indicators ("ESG") and the factors that have the potential to impact the components of ESG. In the second article...
    South AfricaPrivacy
    Andersen in South Africa
    Andersen in South Africa
  • Article

    Africa Regulatory ENSight 2022 | 05

    *Coronavirus (COVID-19) regulatory measures
    South AfricaStrategy
    ENS
    ENS
  • Article

    Public Benefit Organisations Under The New Companies Act

    The Companies Act 71 of 2008 ("New Companies Act") became part of our law on 8 April 2009 and is intended to be the modern corporate law for the modern corporate South Africa.
    South AfricaTax
    Bell Dewar
    Bell Dewar
  • Article

    Infrastructure: Africa's Economic Catalyst

    Infrastructure development plays a pivotal role in driving economic growth and improving living standards in developing countries, particularly in Africa. From transportation networks to energy...
    South AfricaTransport
    Andersen in South Africa
    Andersen in South Africa
  • Article

    In Bad Form: Why The Short-Form Memorandum Of Incorporation Should Not Be Used

    Private companies who score less than 100 public benefit points and whose shareholders also serve on the board of directors do not need to have their annual financial statements audited.
    South AfricaCorporate/Commercial Law
    Cox Attorneys
    Cox Attorneys
  • Article

    Ranking Of Administration Costs Of And Claims Against A Company In Liquidation Post Business Rescue

    It is inevitable that a significant number of business rescue proceedings will fail and that the company under business rescue will be placed in liquidation.
    South AfricaInsolvency/Bankruptcy/Re-Structuring
    Routledge Modise
    Routledge Modise
  • Article

    Zurich Insurance Company ‘Hit By Rock Mass' In The Gautrain Tunnel

    The Supreme Court of Appeal ("the SCA" hereinafter) recently delivered a judgement in a matter involving Zurich Insurance Company South Africa LTD ("the insurer")
    South AfricaInsurance
    Adams & Adams
    Adams & Adams
  • Article

    South Africa's Coffee Clean-Up

    In the last few years, there has been a push for more regulated industries and better protection of consumers. If consumers lose faith in the products available for purchase...
    South AfricaConsumer Protection
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Corporate Governance, King IV And COVID 19

    According to the Institute of Directors of Southern Africa ("IODSA"), the King lV Report on Corporate Governance ("King IV") recognises Companies as integral parts of the broader society.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    High Court Sets Aside B-BBEE Commission's Adverse Findings: Is It Time To Rethink Your Owner-driver Scheme?

    A recent South African High Court decision sets aside a Broad-Based Economic Empowerment ("B-BBEE") Commission finding of fronting against Cargo Carriers (Pty) Ltd relating to its owner-driver initiative ("ODI")/scheme.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Important Considerations When Drafting Sale-Of-Shares Agreements

    The purchase and sale of shares in a private profit company can be disastrous if the parties involved failed to address all the relevant legal implications that may be associated with the concerned sale...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Showing 721–740 of 1100 results

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