Tag ArchivesNicolene Schoeman – Louw
Privacy Policy

Proposed Amendments to FICA – How will this impact you and me? A Commercial Lawyer’s perspective….

Introduction The Financial Intelligence Centre Act 38 of 2001 (hereinafter referred to as “FICA” or the “Act”) was legislated primarily to combat various unlawful activities, such as money laundering and other unlawful transactions. Essentially, FICA imposes an obligation on all Accountable Institutions to verify the identity/origin of the funds of persons they are entering into […]

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Pregnant Employees

The ICT BBBEE Code – What you need to know!

Introduction The Minister of Trade and Industry gazetted the Information and Communication Technology’s (“ICT”) Sector Code for black economic empowerment (“BEE”) in terms of Section 9(1) of the Broad-Based Black Economic Empowerment (“BBBEE”) Act 53 of 2003 as amended, on 6 June 2012. At  this stage, this ICT Sector Code (“Code”) is legally binding on entities in the […]

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BBBEE Compliance in Multinationals

Introduction In April 2015, the revised Broad-Based Black Economic Empowerment (“Generic BBBEE Codes” or “Codes”) Codes came into operation (“new codes”) thereby replacing the existing BBBEE Codes of Good Practice (“old codes”). Since the change, compliance has become particularly challenging for most local operations. Even more so, in the case of foreign operations, who have […]

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BBBEE Compliance: The Construction Sector Code – What you need to know

Introduction In October 2013, the revised Broad-Based Black Economic Empowerment (“Generic BBBEE Codes” or “Codes”) Codes were gazetted by the Minister of Trade and Industry (DTI). In April 2015 these (new) Codes came into operation (“new codes”) thereby replacing the existing BBBEE Codes of Good Practice (“old codes”). The Construction Codes became effective about a […]

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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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