Tag ArchivesNicolene Schoeman – Louw

The nature, scope and purpose of a Living Wills in South Africa

Broadly speaking, the purpose of  living wills in South Africa is to guide the family and doctors when you are in a medical state from which you cannot recover, and due to your condition, are no longer able to make your own medical decisions. Further, the Living Wills Society defines a living will more narrowly […]

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Notarial Authentications or “ notarizations ” with a focus on foreign documents for use in the Republic

In December 2014 we examined the need for notarial authentications (often referred to as notarizations or the authentication of documents) and further authentication when documents are to be used outside the Republic.It is similarly important to investigate the process involved in the authentication of documents executed or otherwise originating abroad for use in the Republic. […]

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The line between lawful disclosures and confidentiality – how businesses and employees should protect themselves

Managing the disclosure of information effectively in your business is not a nicety, but absolutely non-negotiable, in my view. It may prove to be difference between maintaining your ‘’competitive edge’’ and untainted reputation and the failure of your business.

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Piercing the Corporate Veil of Trusts and Companies

Piercing the corporate veil essentially removes the protective shield of limited liability. This is commonly afforded by the separate legal personality of the company. When this is removed the shareholders are held liable as if there is no company. In the instance of a trust, the trust does not strictly speaking have separate legal personality, however the same principle generally applies whereby the trust is viewed as a ‘’sham”’ to essentially affect the same principle as in the piercing of the corporate veil of a company.

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Shareholder Exit Stratergies

Often when the personal circumstances of the owners or shareholders of a company change drastically, the arrangement(s) in relation to the ownership running of the business/company need to change as well. This in the best interests of the company’s continuity.

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