Got trust issues? How to remove trustees from a business trust
Trusts have been used for many years to protect the assets of their beneficiaries - a legal arrangement designed to hold and manage assets overseen by appointed trustees. A business trust requires that a trustee does more than just protect and administer...
Insurance policy renewals – the devil is in the details
Although your insurance policy should be reviewed annually, by paying your insurance premium you indicate for all intents and purposes that you agree to the terms of the policy. The insurance industry has endured a challenging 18 months and expectations are that...
Pulling the trigger on a deal? The Texas Auction Clause is the way to go.
Texas Auction clauses provide effective corporate law instruments for resolving deadlocks in shareholder disputes, particularly in 50:50 joint ventures where one or both partners wish to end the relationship.
The pros and cons of business rescue
In the current Covid environment it would be wise to consider business rescue as a structured, cost-efficient, effective method of returning your business to solvency that will be beneficial to all parties in some way or another, and ultimately achieve a better return than a liquidation.
You schmooze, you lose – inducing someone into a contract can render it null and void
A recent court ruling clarified the South African legal position on what is known in legal terms as Misrepresentation. Misrepresentation, whether fraudulent, negligent or innocent, arises when a party has been induced to enter a contract by the other party’s misrepresentation of facts.
Key changes that POPI has brought about for the insurance industry
The insurance environment in South Africa has received much attention of late and has had to evolve at a rapid pace, driven by increasing regulation, competitive pressures and the development of new, innovative technologies. Arguably the biggest change has...
Investing in a business: are you buying shares or buying the business?
Investing in a business: are you buying shares or buying the business?
Resolving disputes in sectional titles
A fallout with the body corporate, a neighbour or trustee over issues pertaining to your sectional title property needn’t be a stressful, highly-charged, drawn-out or costly affair when most disputes can be settled internally or via the community schemes...
Investment scams – legal methods available when the bad guy does a runner
South Africans have once again been duped and sickened by the recent Mirror Trading International/Bitcoin investment scandal: one we are all too familiar with – the bad guy running off with the loot and then skipping the country. MTI, which was started in April 2019,...
Calculating a Business Interruption Claim
Calculating a Business Interruption Claim Recent court rulings in favour of companies calling up the Business Interruption clause of their insurance policy have set a welcome precedent for potential financial relief for those businesses who have been adversely...