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Will AI be steering the future of M&A?

31 March 2025

The use of artificial intelligence (AI) will inevitably in some way become part of the day-to-day operations of most businesses.... In the fast-paced and competitive world of business, mergers and acquisitions (M&A) have long been a vital strategy for companies looking to expand their reach, increase market share, or diversify their portfolios. 

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42
Article

Car balloon payments: Pop goes your budget!

31 March 2025

A car balloon payment may not be quite as festive as it sounds. Consumers often don’t consider the down-the-road impact... of a balloon payment. In this article, we look at the balloon payment structure and what consumers can do to manage this or alternatives that can be considered when procuring a vehicle.

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46
Article

When does the Property Transfer clock start in a divorce?

31 March 2025

A recent Chief Registrar’s Circular has shed light on the challenges of determining the correct transaction date for divorce-related property... transfers—especially when settlement agreements are amended after the divorce. 

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45
Article

To vote or not to vote: Post-Commencement business rescue creditors

31 March 2025

The Supreme Court of Appeal has ruled on a critical issue in business rescue proceedings—can post-commencement creditors vote on rescue... plans? The Mashwayi Projects v Wescoal case brings much-needed clarity, shaping the future of business rescue in South Africa. Find out what this means for creditors, financially distressed companies, and the business rescue process.

READ MORE
55
Article

Can your cell phone get you fired?

31 March 2025

Using a cell phone has become so accepted that employees easily forget or ignore the fact that their use at... work may not be approved or allowed by the employer. However, failing to adhere to employer policies on cell phone use could potentially have serious consequences for an employee.

READ MORE
38
Article

New SARS reporting puts trusts under the microscope

31 March 2025

SARS has issued stern warnings to trustees to ensure the accurate and honest submission of trust tax returns and made... it abundantly clear that trustees can no longer shift the responsibility of managing a trust’s tax affairs entirely to tax practitioners. This article aims to guide trustees on SARS’ latest tax reporting requirements. 

READ MORE
54
Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

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93
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

READ MORE
102
Article

Will AI be steering the future of M&A?

31 March 2025

The use of artificial intelligence (AI) will inevitably in some way become part of the day-to-day operations of most businesses.... In the fast-paced and competitive world of business, mergers and acquisitions (M&A) have long been a vital strategy for companies looking to expand their reach, increase market share, or diversify their portfolios. 

READ MORE
42
Article

Car balloon payments: Pop goes your budget!

31 March 2025

A car balloon payment may not be quite as festive as it sounds. Consumers often don’t consider the down-the-road impact... of a balloon payment. In this article, we look at the balloon payment structure and what consumers can do to manage this or alternatives that can be considered when procuring a vehicle.

READ MORE
46
Article

When does the Property Transfer clock start in a divorce?

31 March 2025

A recent Chief Registrar’s Circular has shed light on the challenges of determining the correct transaction date for divorce-related property... transfers—especially when settlement agreements are amended after the divorce. 

READ MORE
45
Article

To vote or not to vote: Post-Commencement business rescue creditors

31 March 2025

The Supreme Court of Appeal has ruled on a critical issue in business rescue proceedings—can post-commencement creditors vote on rescue... plans? The Mashwayi Projects v Wescoal case brings much-needed clarity, shaping the future of business rescue in South Africa. Find out what this means for creditors, financially distressed companies, and the business rescue process.

READ MORE
55
Article

Can your cell phone get you fired?

31 March 2025

Using a cell phone has become so accepted that employees easily forget or ignore the fact that their use at... work may not be approved or allowed by the employer. However, failing to adhere to employer policies on cell phone use could potentially have serious consequences for an employee.

READ MORE
38
Article

New SARS reporting puts trusts under the microscope

31 March 2025

SARS has issued stern warnings to trustees to ensure the accurate and honest submission of trust tax returns and made... it abundantly clear that trustees can no longer shift the responsibility of managing a trust’s tax affairs entirely to tax practitioners. This article aims to guide trustees on SARS’ latest tax reporting requirements. 

READ MORE
54
Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

READ MORE
93
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

READ MORE
102
Article
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GO
Filter: Shareholder
Prescription and surety don’t always play well together

06 January 2021

Our company is owed money by one of our contractor companies who we helped with finance and provided us with... personal sureties by the shareholders as security for the transaction. They have been making promises that they will pay for some time and we left it, but now we are getting worried about prescription. We are also unsure whether if we act against the sureties, prescription will be halted for the contractor or may continue and we lose our claim against the company itself. Can you advise?

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807
Article
The rights of a dissenting shareholder in a scheme of arrangement

10 November 2020

I’m a minority shareholder in a company that has been approached by a buyer willing to buy out all the... shareholders. Because of Covid-19 the company has suffered financially and I know that the shareholders holding more than 75% of the company will want to accept the offer even though I believe it to be far below the market value of the shares. Is there any remedy at my disposal?

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773
Article
Validity of lock-in provisions in BEE transactions

11 September 2020

A few years ago, our company entered into a BEE transaction with BEE partners to address our ownership. In the... transaction documents, restrictions were imposed on the BEE partners that they could not sell or encumber their shares for a period of at least ten years. These lock-in provisions were a necessary part of the financing and overall transaction. With the current difficult economic times, our partners want to sell a portion of their shares and are disputing the validity of our lock-in provisions. Are lock-in provisions legally enforceable?

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764
Article
Is it out with the boardroom table and in with online meetings?

10 July 2020

Our company has for years prided itself on regular board and shareholder meetings as the basis for the success of... our business. Initially we stopped due to the Covid-19 pandemic but have started meeting again using online meeting tools. With the pandemic continuing we are worried that we are not meeting the requirements of the Companies Act by not meeting in person. We have no other choice right now. Is it acceptable from a compliance perspective?

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578
Article
The liability of company directors for decreases in a company’s share price

11 November 2019

I’m the only shareholder in my company, a cleaning products business. I have two directors who run the business for... me. I’ve been building up the business over the years with a view to selling it as my retirement plan. However, the auditors have just informed me that the shares, in my mind worth about R10 million are now worth no more than about R3 million because of reckless management by the directors, selling of assets and even falsifying financial information and accounts. The nest egg I’ve been building is now nearly worthless because of their conduct. Can I recover what my company is worth less from them?

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953
Article

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