restraint of trade

Understanding Restraint of Trade Agreements

A Restraint of Trade agreement is included in the majority of employment contracts in South Africa, yet most parties only enquire about the enforceability of clause at the conclusion of the period of employment. It is of crucial that all parties have a full understanding of the clause and its potentially far-reaching implications. This presents […]

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Season’s Greetings

The holiday season provides a valuable opportunity for rest, reflection and rejuvenation. Notably 2017 has been one of the most challenging years for many of us. For others though, it has been the best year yet. Be that as it may, this year has in our view, more than any other; been a year of […]

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insolvency

Insolvency enquiries relating to the examination of persons in winding-up proceedings in terms of Sections 417 and 418 of the old Companies Act 61 of 1973

Sections 417 and 418 of the Companies Act No. 61 of 1973 (hereinafter referred to as “the Old Act”) deal with the summoning and examination of persons to investigate the affairs of an insolvent company.  This is important as it provides protection for company’s creditors, by not leaving the entity a shell without any means […]

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firearms control

The requirements and responsibilities in respect of the safe keeping, storage and/or disposal of firearms, imposed on an executor or heir, by the Firearms Control Act and its Regulations

In this day and age, it is quite common for firearms to form part of a deceased person’s estate. It is also quite common for individuals to inherit firearms and/or antique firearms, in terms of a deceased’s Last Will and Testament and/or Interstate Succession. The person nominated to be the executor in a deceased estate […]

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trust

Caution for Trustees buying Trust property

Often individuals are appointed as the Trustee of a trusted friend or family member’s family Trust. Should, for example, the Trust’s founder pass away and the surviving spouse or the founder’s children wish to sell the Trust assets and dissolve the Trust, may the Trustee be in a position legally to acquire any of this […]

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