Dead on Revival: how not to bring back a lapsed agreement
Often, after an agreement has lapsed due to non-fulfilment of suspensive conditions, the parties choose to proceed with the transaction. Special care needs to be taken in these instances...
Binary, not a spectrum: the test for directors’ delinquency
A company's stakeholders may apply to court for a delinquency order against an individual who serves or served as a director within the 24 months preceding the application.
Compliance is a laudible new year’s resolution: Dawn raid preparedness reinforces broader compliance imperatives in the digital age
The regular review and updates of compliance policies are essential for adapting to evolving threats and changing regulatory landscapes.
Who is responsible if emails are hacked?
While the Cybercrimes Act provides a legal framework for combatting cyber threats and fraud, the actual prevention of cybercrime rests on all parties to exercise due diligence when conducting financial transactions.
Companies Act update – certain amendments now effective
In 2024, two Amendment Bills were signed into law in order to amend certain provisions of the Companies Act, 2008. At the time, we cautioned that even though the Bills had been signed into law, they were not yet in force. As of 27 December 2024, some of these amendments are now effective.
Bound by Perception: Understanding ostensible authority in corporate dealings
Can a director's actions bind a company even without actual authority? Ostensible authority arises when a director or senior officer appears to have authority due to a company’s conduct, creating a reasonable impression on third parties.
The rights of trust beneficiaries
Do you know your rights as a trustee and/or a beneficiary? In this article, Wildu du Plessis and Tristan Hussey explore the rights of different kinds of beneficiaries in various types of trusts.
Competing for talent
A competitive labour market should achieve positive competition and public interest outcomes. Certain conduct by and between employers may impede these outcomes and be anti-competitive. What is South Africa's stance?
Enforcement orders explained: Circumstances that demand immediate compliance
In a recent judgment concerning access to mineral prospecting rights in the Richtersveld, any party applying for an ...
Forthcoming amendments to the Companies Act to impact private companies and their takeover transactions
Amendments to the Companies Act introduce more stringent criteria for economically significant private companies to now also fall under the Takeover Regulations.