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POPI: Are you all set?

26 June 2020

The protection of privacy in South Africa has undergone intense investigation over the last decade. In late 2005 the South... African Law Reform Commission found that there wasn’t adequate protection and that a new, separate piece of legislation was needed for the proper protection of one’s personal information. This paved the way for the long process which is now finally coming to an end with the Protection of Personal Information Act (“POPI”).

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420
Article
POPI: Are you all set?

26 June 2020

The protection of privacy in South Africa has undergone intense investigation over the last decade. In late 2005 the South... African Law Reform Commission found that there wasn’t adequate protection and that a new, separate piece of legislation was needed for the proper protection of one’s personal information. This paved the way for the long process which is now finally coming to an end with the Protection of Personal Information Act (“POPI”).

READ MORE
109
Article
Voidable Sales: The Insolvency Act and the Sale of Your Business

28 September 2018,  Lloyd Bell

Section 34 of the Insolvency Act No. 24 of 1936 (“the Act”) provides that  if a trader sells in... terms of a contract any business belonging to him, or the goodwill of such business, or any goods or property forming part thereof (except in the ordinary course of that business or for securing the payment of a debt), and such trader has not published a notice of such intended transfer, the sale shall be void against his creditors for a period of six months after such transfer, and shall be void against the trustee of his estate, if his estate is sequestrated at any time within the said period.

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1249
Article
Many benefits for a 51% black owned company

08 August 2018

My start-up business has been growing rapidly and I’m considering bringing a partner on board to invest and help take... the business to the next level. I’m keenly aware of the importance of transformation and have identified a potential BEE partner who is prepared to take up a 51% stake in my business. That said, a new partner is a big decision and I just want to make sure there is sufficient strategic benefit in doing so?

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345
Article
Is the interest-free loan to a trust dead?

08 March 2017

For estate planning purposes a few years ago I moved some of my assets into a family trust and financed... the disposal to the trust with an interest free loan in my name. I understand that recent tax amendments will now impose unfavourable tax consequences on me in relation to this interest free loan. Is this true?

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373
Article
Could a sale of shares be subject to the National Credit Act?

14 December 2016

My company holds shares in a larger construction company worth about R5 million. I’m looking at selling my shares to... an interested party that the construction company is also happy with. However, the party can only pay a deposit of R1,5 million and thereafter the remainder in monthly installments over a period of 18 months with an interest of prime plus 1%. My bookkeeper says I must be wary of falling under the National Credit Act. Could this be a possibility?

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403
Article

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