Where the board of a company wishes to make any distribution to its shareholders it will be required to acknowledge that it applied the solvency and liquidity test in terms of Section 4 of the Companies Act
Read More
The success of our financial markets depends on certainty and the financial stability of market participants.
Read More
The advent of the 4th industrial revolution poses a dilemma for a number of regulatory bodies in South Africa and abroad.
Read More
This article serves as the fourth of five instalments dedicated to addressing the five most significant amendments proposed by the Companies Amendment Bill, 2018 and the writer’s comments thereon.
Read More
The introduction of the new Draft Tax Laws Amendment Bill (“DTLAB”) often proves to be a time of uncertainty, discussion and may require the restructuring of your tax affairs.
Read More
The Foreign Corrupt Practices Act is a powerful piece of anti-corruption legislation which was adopted by the US in 1977 to dissuade and combat anti-social and corrupt behaviour of US based firms when trading abroad.
Read More
This article serves as the third of five instalments addressing the five most significant amendments proposed by the Companies Amendment Bill, 2018 (the “Bill”) and the writer’s comments thereon.
Read More
Recently, the legislature effected further changes to the Rental Housing Amendment Act 35 of 2014 (“the Act”), which is to come into operation on a date to be promulgated by the President.
Read More
This article serves as the second of five instalments addressing the five most significant amendments proposed by the Companies Amendment Bill, 2018 (the “Bill”) and the writer’s comments thereon.
Read More
The Cape Town Tax Court recently upheld the application of the ‘most favoured nation clause’ within the double tax agreement between South Africa and the Netherlands.
Read More
The Carbon Tax Act that came into effect on 1 June 2019 aims to reduce the impact of climate change following the “polluter-must-pay-principle” by taxing greenhouse gas (“GHG”) emissions.
Read More
The Bill proposes a number of amendments to the Companies Act, 2008 in order to align the Act with global trends and close loopholes identified during the implementation phase of the Companies Act.
Read More
It’s not all doom and gloom for multinationals - the DTI has acknowledged that there may exist multinationals that have global practices which prevent them from diluting their ownership and complying with the ownership element required of B-BBEE.
Read More
In general there is a duty on employees to comply with restraint of trade clauses after termination of employment. However, some restraint of trade clauses may be deemed to be unenforceable.
Read More
It’s not all doom and gloom for multinationals - the DTI has acknowledged that there may exist multinationals that have global practices which prevent them from diluting their ownership and complying with the ownership element required of B-BBEE.
Read More
A quick guide to determine whether a transaction constitutes an affected or fundamental transaction.
Read More
We need to look at what constitutes a South African resident for tax purposes and what their tax liabilities in South Africa are.
Read More
In his judgment, Van Der Westhuizen J placed particular importance on the placement of the “Oxford comma” in interpreting a contract that had been entered into between the two parties.
Read More
South Africa, at the Conference of the Parties (“COP”) 15 in 2009, committed and is legally obliged to develop and implement policies and measures that will curb its GHG emissions.
Read More
Recent amendments to the Competition Act highlight the need for companies to consider the potential public interest effect of their transaction.
Read More