According to Ronel de Klerk (de Rebus April 2012) and as we have written in numerous news items on our website, a string of recent judgments regarding debt review (in terms of the National Credit Act 34 of 2005 ( NCA)), has rocked the proverbial boat for all concerned. These judgments include Nedbank Ltd and [...]
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Fixed term contracts
There are many well established aspects of fixed term employment contracts that make them a very useful tool for employers. For example, it is acceptable for companies to appoint a person on a fixed-term basis if there is a good operational reason to do so. The fixed term terminates on the expiry date without the [...]
Finalist – Regional Business Achiever Awards (Cape Town) 2012
We are pleased to announce that our Ms Schoeman is one of three finalists in the Professional category in the Regional Business Achiever Awards, which is hosted by the Businesswomen’s Association of South Africa. The other two finalists in the professional category are Sadia Chand (Chand Environmental Consultants) and Dr Marlene Wasserman (Dr Eve). The [...]
Business rescue – the effects on sureties, some general remarks
Business rescue, applied before a company is liquidated, is a less restrictive measure than judicial management. It is a new concept introduced by the Companies Act of 2008 and aims to aid a company which appears unlikely (reasonably) to pay all its debts as they become due within the next six months. Because there are [...]
Foreign marriages: knowing your marital status when married in another country, with regard to conveyancing and estate planning
Marriages and civil unions in South Africa are governed by different marital property regimes which directly impact property ownership. These are either in or out of community of property. In South Africa, when executing an antenuptial agreement, or prenuptial agreement as termed in other countries (also known as a prenupt or prenup) the marriage is [...]