Commercial law

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SMMEs

The Small Enterprises Ombud Service Bill and How It Could Help SMMES

Introduction In May 2018 comments were officially received in response to the notification that Shadow Minister of Small Business Development, Mr. Roger William Chance, intends to introduce the Small Enterprises Ombud Service Bill (herein after ‘the Bill’).  The Bill, which has since been tabled before the National Assembly, seeks to address the need for Small, […]

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Voluntary Association and NPC

Voluntary Associations and Non-Profit Companies-what are the differences?

Introduction What is the difference between a Non-Profit Company and a Voluntary Association? This article will explore what is formally required for both, and when may  one be more suitable than the other. While both are not for profit entities, and at face value may appear extremely similar, there are several key distinctions. Overview Section […]

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legalisation, authentication and apostillisation

The Turquand Rule – Applicable when contracting with Government?

Introduction   The Turquand rule originates from  Royal British Bank v Turquand (1856) 6 E&B 327. It is a UK Company Law Case that determined that people transacting with Companies are entitled to assume that Internal Company Rules are complied with, even when they are not.   The question is though – does this apply […]

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Stokvels

Airbnb: subleasing of property and the implications thereof

Introduction The online hosting platform Airbnb has fast become a lucrative source of additional income for many families both in Cape Town and in South Africa in general. However, an increase in regulation in many cities around the world, and no clear position on the matter in South African law has made several Homeowners and […]

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Consensus improperly obtained- can an innocent party be bound to the Contract?

Introduction Many Individuals and Business Entities enter into different Contracts for various reasons such as protecting their businesses against unscrupulous Individuals and Juristic Persons, minimising or solving disputes and/ or to create certainty.  A Contract can be entered into orally, in writing, or in any other form should the law not prescribe a mandatory form […]

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