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The Companies Amendment Act puts directors in the hot seat

03 October 2024

Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024... (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.  

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27
Article

Merging the pieces when transactions become indivisible

03 October 2024

On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its... approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa. 

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21
Article

Piecing together the puzzle of cross-border cases

03 October 2024

In July 2024 the Supreme Court of Appeal (SCA) handed down a judgment that confirmed the requirements for when and... where South African Courts can hear cases involving foreign companies and what the requirements are for our courts to have jurisdiction in cases involving online publications by such foreign companies. 

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22
Article

Navigating the legal blueprint for property expansions

03 October 2024

Building a second dwelling on your property offers an excellent opportunity to generate extra income, whether by creating a bed... and breakfast, guest house, holiday rental, or long-term rental property. However, it's not as simple as 'build it and they will come.' There are important legal and compliance requirements that must be considered before you venture into such a development. 

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20
Article

The Two-Pot Pension System and divorce

03 October 2024

The new Pension Funds Amendment Act 31 of 2024 (“PFAA”) that was recently signed into law not only introduces far-reaching... consequences in respect of pension funds but also impacts the position of pension interest and divorce. In this article, we look at some of the key impact areas of the PFAA in respect of divorce. 

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17
Article

Trustee administrative duties under the spotlight

03 September 2024

With new reporting obligations on trustees and SARS intensifying its submission requirements in respect of trust tax returns, no trustee... can afford to ignore the administrative duties imposed upon them in terms of common law and statutory law. In this article we briefly list some of the main administrative duties falling to any trustee.

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54
Article

Don’t gamble with banking details via email

03 September 2024

Electronic invoices and banking details received via email are commonplace. Do you confirm banking details by telephone? Do you double-check... for changed account details? Are you wary of suspicious activity? For many, ignorance is bliss, with invoice and banking details taken at face value and payment made without thought to the potential cybercriminal lurking in the shadows. If this is you, read on about the dire consequences that could follow from such ignorance. 

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297
Article

The implications of a waiver of rights by directors

02 September 2024

The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’... in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.

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56
Article

The Companies Amendment Act puts directors in the hot seat

03 October 2024

Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024... (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.  

READ MORE
27
Article

Merging the pieces when transactions become indivisible

03 October 2024

On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its... approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa. 

READ MORE
21
Article

Piecing together the puzzle of cross-border cases

03 October 2024

In July 2024 the Supreme Court of Appeal (SCA) handed down a judgment that confirmed the requirements for when and... where South African Courts can hear cases involving foreign companies and what the requirements are for our courts to have jurisdiction in cases involving online publications by such foreign companies. 

READ MORE
22
Article

Navigating the legal blueprint for property expansions

03 October 2024

Building a second dwelling on your property offers an excellent opportunity to generate extra income, whether by creating a bed... and breakfast, guest house, holiday rental, or long-term rental property. However, it's not as simple as 'build it and they will come.' There are important legal and compliance requirements that must be considered before you venture into such a development. 

READ MORE
20
Article

The Two-Pot Pension System and divorce

03 October 2024

The new Pension Funds Amendment Act 31 of 2024 (“PFAA”) that was recently signed into law not only introduces far-reaching... consequences in respect of pension funds but also impacts the position of pension interest and divorce. In this article, we look at some of the key impact areas of the PFAA in respect of divorce. 

READ MORE
17
Article

Trustee administrative duties under the spotlight

03 September 2024

With new reporting obligations on trustees and SARS intensifying its submission requirements in respect of trust tax returns, no trustee... can afford to ignore the administrative duties imposed upon them in terms of common law and statutory law. In this article we briefly list some of the main administrative duties falling to any trustee.

READ MORE
54
Article

Don’t gamble with banking details via email

03 September 2024

Electronic invoices and banking details received via email are commonplace. Do you confirm banking details by telephone? Do you double-check... for changed account details? Are you wary of suspicious activity? For many, ignorance is bliss, with invoice and banking details taken at face value and payment made without thought to the potential cybercriminal lurking in the shadows. If this is you, read on about the dire consequences that could follow from such ignorance. 

READ MORE
297
Article

The implications of a waiver of rights by directors

02 September 2024

The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’... in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.

READ MORE
56
Article
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Filter: Divorce
Can you stop your spouse from sharing in your pension fund after divorce?

28 March 2023

Can a spouse married in community of property at divorce claim that the other spouse forfeits their right to share... in their pension?

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1661
Article
Is an agreement between spouses contrary to the ANC valid?

10 January 2023

Can spouses conclude an agreement which is contrary to their antenuptial contract and which is valid and enforceable?

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1464
Article
Can you claim maintenance for your adult children?

15 September 2022

It has been a well held view in our law that a parent cannot claim maintenance for an adult dependent... child from their divorced spouse. But is this still the case or has a recent Supreme Court of Appeal finding changed the position?

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676
Article
Will trust assets form part of your estate at divorce?

15 September 2022

Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money... and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that these assets transferred to a separate trust be included in the calculation?

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912
Article
Can you sequestrate an ex-spouse for failing to pay maintenance?

14 September 2021

My ex-husband is required to pay maintenance every month in terms of our divorce settlement. He has stopped paying, saying... he can’t afford it anymore and is now considerably in arrears. I know he has a lot of financial assets that can cover what he owes me, but he just says he can’t liquidate those now as he will lose money. Can I have him sequestrated so he can pay up?

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479
Article
Further levelling of the playing field with the new Recognition of Customary Marriages Amendment Act

14 July 2021

My mother is a black woman who has been married since the early 1970’s to my father in accordance with... customary law. They have never concluded a civil marriage, and my mother has also been our home provider while my father worked. Their marriage has become strained over the last couple of years, and I’m worried about my mother, should my father decide to divorce her. What are her marital rights?

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450
Article
When do maintenance obligations prescribe?

20 May 2021

My ex-husband has for some time now not paid his maintenance as per the court order. Because I had a... job and was earning a basic income, I just left it as I didn’t want the hassle of trying to get him to pay. Now I’ve been retrenched and have asked him to pay his outstanding maintenance, but he refuses and says his attorney told him that his obligation to pay has prescribed. Surely this can’t be right?

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420
Article
Can your ex-spouse circulate your private information?

10 November 2020

My ex-husband still has access to our shared cloud account. Unbeknown to me this meant he could see all my... back-ups of messages, photos and other personal information. Our divorce did not end well and he is now sharing private and personal information of me with third parties to embarrass me and to try and portray me as a bad parent. What can I do to stop him?

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518
Article
Pending divorce and evicting your abusive partner

12 October 2020

My husband and I are busy getting a divorce. We are currently still living under the same roof, but my... husband insults me and is quite abusive in front of our children. We bought the house together but I don’t want him living there. Is there any way I can force him to move out before we are divorced?

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579
Article
Who inherits the estate - the new wife or the ex?

16 October 2019

My husband has just passed away. We were married in community of property. It has however now transpired that his... will still determines that his ex-wife is the sole heir of his estate. Where does this leave me, and does she have a right to his whole estate?

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666
Article
Why an antenuptial agreement may be important when getting married in terms of customary law

12 February 2019

I am getting married this year in terms of customary law. My fiancé and I are both professional persons and... want to be married out of community of property so we can each manage our own estates. How can we go about doing this?

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424
Article
What is your duty to enquire whether a couple is married in community of property?

07 June 2018

My mother and father were married in community of property. They often joked by saying that they could get out... of any contract as long as only one of them signed because the law required that both of them must always sign. As a business owner, through the years I’ve always wondered whether this is correct and how careful a business needs to be when dealing with couples married in community of property?

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498
Article

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