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  • Article

    Politics Of The Deal: Public Interest Impacting M&A

    South Africa's merger approval process has evolved from a predictable regulatory step into a complex intersection of competition law, political objectives, and transformation mandates. As the Competition Commission increasingly prioritizes public interest criteria—including ownership by historically disadvantaged persons and employment impacts—over traditional antitrust analysis, dealmakers face new challenges in structuring transactions and forecasting outcomes.
    South AfricaCorporate/Commercial Law
    Andersen in South Africa
    Andersen in South Africa
  • Article

    South Africa's New Anti-Bribery Law: Setting The Stage For Corporate Accountability

    In this first article of a two-part series, Derrick Kaufmann and Janine Hills discuss the significant changes to South Africa's anti-bribery and corruption framework.
    South AfricaCorporate/Commercial Law
Andersen in South Africa
Andersen in South Africa
  • Article

    The Fundamentals Of Registering Your Business With The CIPC In South Africa

    According to recent reports, startups in South Africa raised over $832m in 2021.
    South AfricaCorporate/Commercial Law
    Sidebrief Inc.
    Sidebrief Inc.
  • Article

    The Limits Of "Confidentiality" – With A Specific Focus On Litigious Proceedings

    Confidential information means any information disclosed in however manner that is commercially sensitive.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    To Trust Or Not To Trust: The Dilemma Surrounding Broad Based BEE Trusts

    The Department of Trade, Industry & Competition has promulgated a series of codes of conduct in which the BEE regime is fully laid out.
    South AfricaCorporate/Commercial Law
    Tabacks
    Tabacks
  • Article

    To Use Capital Letters For Defined Words Or Not?

    After having given it considerable thought, Michalsons have decided not to use capital letters for defined words in our contracts.
    South AfricaCorporate/Commercial Law
    Michalsons Attorneys
    Michalsons Attorneys
  • Article

    Unlawful Credit Agreements

    The majority of South Africans are using some form of credit or have access to some form of credit, whether by way of credit cards, clothing account credit cards, personal loans, etcetera.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    What, The FIC, Is Beneficial Ownership?

    In terms of section 21B of the Financial Intelligence Centre Act 38 of 2001 ("FICA"), as amended by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Will The Proposed Revision To The B-BBEE Codes Of Good Practice Lead To Increased Fronting Activity?

    The proposed changes to the Broad-Based Black Economic Empowerment ("B-BBEE") codes now intend to make "ownership" a compulsory priority element.
    South AfricaCorporate/Commercial Law
    Schoemanlaw Inc
    Schoemanlaw Inc
  • Article

    How To Recover From A Fraud

    Recent press reports have highlighted the prevalence of white collar crime in South Africa. The effect on businesses which fall victim to fraud and other types of white collar crime is exacerbated by the lack of institutional capacity to effectively deal with the problem.
    South AfricaCriminal Law
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Black Economic Empowerment - A Windy Road Ahead?

    Due to the current trying economic times, companies will be required to perform a balancing act to ensure that their businesses survive the harsh economic realities facing them, while achieving their BEE targets set out in our empowerment laws.
    South AfricaFinance and Banking
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Crypto Crackdown: What The Reserve Bank’s Case Against Kastelo Means For Your Business

    Recent litigation between the South African Reserve Bank and fintech company Kastelo has brought exchange control compliance and crypto arbitrage under intense regulatory scrutiny. The case raises critical questions about how fintech business models involving cross-border transactions, foreign exchange, and digital assets must navigate South Africa's evolving regulatory framework, particularly regarding the use of individual foreign investment allowances for commercial purposes.
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    Proposed Amendments To The JSE Debt Listings Requirements

    On 5 July 2016, the Registrar of Securities Services posted draft amendments to the JSE Debt Listings Requirements (the "DLRs") on the Financial Services Board's website.
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    Public Private Partnerships

    In 2000, the PPP Unit of National Treasury published the first draft of the standardised terms for public private partnership (PPP) agreements ("Standardisation"). At the time that the Standardisation was first published for comment a number of concerns were raised by various entities involved in PPPs, including law firms, banks, construction entities and service providers.
    South AfricaFinance and Banking
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    The Importance Of DFI Funding To Support Sustainable Agriculture: A Banking Perspective

    Projects in Africa (notably in the Agri-space) struggle to reach financial close and scale not because of a lack of demand or technical promise...
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    How To Set Up An Offshore Trust – Five Key Factors To Consider

    These are among the questions facing many South African taxpayers – and for a growing number, the answer lies in offshore trusts.
    South AfricaGovernment, Public Sector
    The Sovereign Group
    The Sovereign Group
  • Article

    The Reserve Bank Relaxes Its Policy On Loop Structures For Individuals

    On 31 October 2019, the Financial Surveillance Department of the South African Reserve Bank ("Reserve Bank") released Circular 18/2019 stating that the loop dispensation currently available ...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Was The Decision By The NPA To Remove Counterfeit Goods Matters From The Commercial Crimes Court In Line With The Right Of Access To Justice As Set Out In Section 34 Of The Constitution?

    South Africa is a constitutional democracy, which means that it is a country which observes human rights principles and is governed by the rule of law.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    The Importance Of A Well-Drafted Security Agreement In Liquidation

    The effect of a liquidation order is to crystallise an insolvent company's position in time and to ensure that no further transactions can be concluded by that entity.
    South AfricaInsolvency/Bankruptcy/Re-Structuring
    ENS
    ENS
  • Article

    Stolen Domain Name? Complain!

    The task of enforcing the law rests in the State. Even private arbitration awards are enforceable only by way of a court order. Conversely, the procedure for resolving domain name registration disputes does not involve the State.
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Showing 781–800 of 1754 results

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