Monday, August 17, 2020
In recognizing the need for an alternative forum to resolve Company Law related disputes quickly, the Department of Trade Industry and Competition, by introducing the Companies Act No. 71 of 2008 (the "Act"), established the statutory body known as the Companies Tribunal (the "Tribunal"). The Tribunal specifically presides over matters falling under the jurisdiction of the Act including disputes related to Company Law.
Monday, June 8, 2020
In these trying times it is likely that we will see an increase in the number of companies that are unable to pay their creditors on time. What is the board of a company to do when it becomes clear that the company will default on its debt obligations in the coming months? Surely it's acceptable to simply push through, ask for an indulgence to pay late, play for time...all in the hope that this is merely temporary and all will be well again post-Covid. Or is it? It may not be that simple for many companies.
Wednesday, April 1, 2020
Shareholders are motivated to invest more in financial markets when their rights are protected in terms of regulated rules. They are more inclined to invest in a country which has effective legal regulations, which leads to the development of the financial markets. This, in turn, allows scope for earning a favourable return on investment.
Thursday, March 5, 2020
From 1 January 2020 all companies (large or small, trading or dormant, private, public, incorporated, etc.) must complete the CIPC's new compliance checklist prior to filing its annual return.
Sunday, March 1, 2020
An amendment of s25 of the Constitution has been on the cards for a while. It is specifically aimed at, supposedly, enabling expropriation of land without compensation.
Monday, September 2, 2019
When the Consumer Protection Act, 2008 (the CPA) came into effect during 2011, it changed the franchise landscape significantly. Prior to its promulgation, franchise agreements (and the inevitable disputes that followed) were governed solely within the framework of the franchise agreement.
Monday, May 13, 2013
In terms of the Children’s Act, Act 38 of 2005, there is a duty on, inter alia, psychologists, social service professionals, social workers, medical practitioners, dental practitioners, nurses and teachers, who on reasonable grounds conclude that a child has been (i) abused in a manner causing physical injury, (ii) sexually abused; or (iii) deliberately neglected, to report this to a designated child protection organization, the Provincial Department of Social Development or a police official.
On 13 June 2012, the Constitutional Court handed down judgement concerning the constitutionality of a law which makes organisers of gatherings liable for damages caused by the gathering unless they took all reasonable steps within their power to avoid the damage and they did not reasonably foresee the damage.
The new Companies Act came into effect on 1 May 2011. All registered companies should within a two-year period (i.e. before 1 May 2013) convert their existing Memorandum and Articles of Association into a Memorandum of Incorporation (MOI). This conversion should be completed before 1 May 2013 and MacRobert Attorneys can assist you with such conversion.
