News

Oct
29

Uncompleted contracts and Business Rescue

A question in South African company law and practice which has not been determined by the South African courts since the inception of the Companies Act 71 of 2008 (“the Act”) is the detrimental effect of business rescue on contracts […]

Oct
27

The Joys of Social Media

The Joys of Social Media                     Almost every aspect of our lives is documented online, from our work environments to the friends who have over time become enemies. At one point our friend’s secrets or the mistreatment of employees we […]

Oct
20

THE SOLVENCY AND LIQUIDITY TEST

DISTRIBUTIONS AND THE SOLVENCY AND LIQUIDITY TEST PART 1 The solvency and liquidity test[1] (“the test”) is a new concept which was introduced into the Companies Act [2](“the Act”) and applies to distributions, share repurchases, financial assistance, mergers and acquisitions […]

Oct
20

THE IMPORTANCE OF THE ANTENUPTIAL CONTRACT

THE IMPORTANCE ON THE ANTENUPTIAL CONTRACT (ANC)   In South Africa the law provides that should you not conclude an Antenuptial contract (ANC) prior to your marriage you will automatically be deemed to be married in community of property. It […]

Oct
20

Director’s liability Part 2

Is your company trading recklessly and who can be held liable? In South Africa “insolvent trading” is spoken about in a loose way such as “wrongful, fraudulent or reckless trading and we do not use the term “insolvent trading”. The […]


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