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The Regulations promulgated in order to deal with Covid-19 have severely impacted my business to the extent that we are considering liquidation. Do I have any other options available?

22 May 2020

The Companies Act 71 of 2008 (“Companies Act”) provides the framework to liquidate a company, but also introduced an alternative... to liquidation, namely business rescue proceedings – the biggest advantage of a successful business rescue being that the company continues to exist and employees are retained. However, the disadvantage of both of these mechanisms is that the control of the company no longer lies with the directors and is relinquished to an outsider, namely the liquidator or the business rescue practitioner. Furthermore, the fees and costs payable to the liquidator or the business rescue practitioner are also considerable. If it is intended to secure the continued existence of the business but in a restructured form, section 155 of the Companies Act provides an alternative to both of the above mechanisms: the framework for a company (or a close corporation) to enter into a compromise with its creditors, the result of which is largely the same as a successful business rescue. Given the effect on the economy of the Regulations promulgated to address Covid-19, coupled with the fact that it is illegal for companies to trade when insolvent, the section 155 compromise is an attractive alternative solution to relieve companies of their financial obligations towards creditors and to assist companies in recovering from financial distress.

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360
Article
What must my attorney keep confidential?

07 October 2016

I have an appointment with an attorney to obtain legal advice on my business and its structuring. I will have... to share certain confidential information with regards to my business with him. Does this fall under the protection of attorney-client privilege?

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409
Article
Can my husband also be my business partner?

12 September 2016

My husband and I are married out of community of property and without the accrual. For the last ten years... we have both worked together in our family business. Due to health reasons, my involvement in the business is becoming less. Our marriage is also upon difficult times, and I am concerned that should we end up in a divorce, whether I would be entitled to share in the profits of the business which we have built up together.

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305
Article
Help! My competitor is stealing my customers!

02 June 2016

Just over two years ago I purchased a brand agency and included a restraint of trade clause in the sale... agreement preventing the seller from also opening up a brand company in the same region. Now just over two years later, the seller has opened up another brand company in direct competition to me and is actively canvassing my clients to move to his company. I paid him for his company and now he is trying to take away my customers. Is there anything I can do to stop him?

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350
Article
Dividing your business for BEE purposes

14 December 2015

I have heard that in terms of the new BEE Codes an entity with a turnover of under R10 million... will qualify for an automatic level 4 BEE certificate and does not have to undergo verification. My company currently has two divisions with a combined turnover of around R12 million. Can I split my company into two separate businesses with each part having a turnover of less than R10 million?

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372
Article
Is it really out with the old and in with the new when it comes to BEE?

09 November 2015

I run a family business, and we have been blessed with steady growth mainly because of one big client. Although... we support transformation, we’ve never really needed to obtain a BEE certificate. Our big client has now informed us that unless we obtain a BEE certificate, they will not be able to do business with us anymore. We want to comply, but we are unsure about where to start, particularly because it appears as if there is also a lot of uncertainty regarding the new BEE requirements on the way?

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236
Article

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