Market disruption clauses are playing an increasing role in lending transactions in the South African market.

The Sarbanes-Oxley Act of 2002 (SOX) was hurriedly passed by the United States Congress in reaction to the spate of <I>fin de siècle</I> accounting scandals that blighted the US corporate landscape.

When banks advance funds to clients prior to the lodgement of a mortgage bond at the Deeds Office, they must take cognisance of the effect of Section 88 of the Insolvency Act.

When a bank approves a loan facility, it will typically require the registration of a mortgage bond over the borrower's immovable property in order to secure the debt.

The South African competition authorities have recently had cause to consider two hostile takeovers. The first was the attempted hostile takeover of Gold Fields by Harmony; the second, the takeover of Johnnic by HCI.

The Companies Amendment Bill published in South Africa in July 2005, came as a surprise to those patiently waiting for the much-anticipated overhaul of the Companies Act.

The Stamp Duty Amendment Act 2014, has been amended by the Stamp Duty Amendment Act of 2020 (the "Amendment")

In the case of Standard Bank of SA Ltd v Stander and Others, the issue before the North West Division of the High Court of South Africa concerned...

When registering immovable property and mortgage bonds, a Conveyancer must carefully consider the seller's, purchaser's, or mortgagor's marital status and the applicable matrimonial regime.

The Corporate Laws Amendment Act (the “Act”), which became law at the end of last year, has introduced a number of changes to our company legislation.

Prospective investors wishing to buy the assets of a company lock, stock and barrel could buy all of the shares from the seller and there would, ordinarily, be no difficulty in arranging such a transaction.

Ensuring that the appropriate due diligence and warranties disclosures have been duly completed, takes you that much closer to closing the deal.

It is exciting for black partners to be taken into a business, but how will that invitation be funded? Empowerment transactions can, like any transaction, be financed by either looking to the company itself for cash or by sourcing finance from third party financiers or banks.

Beneficio Developments (PTY) LTD concluded several loan agreements with Tarentaal Centre Investments (PTY) LTD in terms of which it loaned Taarentaal a sum of money at an interest rate of 1%...

According to section 11(d) of the Prescription Act, 1969, the general rule is that most debts prescribe after three years from the date the debt became due.

Once an offer to purchase has been signed by the buyer and accepted by the seller, it becomes a legally binding agreement. It may happen that, once the agreement has been concluded...

Security in one form or another is given by people who transact with each other on a daily basis. The bigger the transaction, the greater the security required.

Imagine you've just purchased a beautiful ground-floor sectional title unit in a secure complex. You love the space, but you dream of enclosing your patio to create an extra sun lounge or home office.

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.

There are many lessons to be learnt from the ongoing Kebble saga. One of the most practical lessons emerges from the recent judgment in “Letseng Diamonds Ltd v JCI Ltd” regarding the governance of companies and the position of shareholders in relation to the company and its directors.