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July 27, 2023

A Guide to the registration of a trust in South Africa

A trust is a legal entity with separate and distinct rights, similar to a person or corporation. A trust allows someone to transfer the ownership of assets, both movable and immovable, to the trust, to be controlled by one or more persons, without those person owning them, but for the benefit of someone else. Parties to a trust The parties
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August 3, 2021

THE STATUTORY DERIVATIVE ACTION, A NUANCED APPROACH – SECTION 165

The statutory derivative action, a nuanced approach – Section 165 Section 165 of the Companies Act 71 of 2008, as amended, (“the Companies Act”) allows a person to commence or continue legal proceedings in a company’s name for the purpose of protecting the legal interests of a company where the management of a company fail to do so. It is
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August 3, 2021

Any Interest ?

ANY INTEREST? The National Credit Act 34 of 2005 (“the Act”) enacted to regulate consumer credit, encompasses, defines, and regulates a wide range of credit agreements. An agreement constitutes a credit agreement in terms of the Act, if two elements are present, firstly, payment for consideration of goods or services should be deferred, secondly, a charge, fee or interest should
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July 24, 2020

The legal implications for time baring clauses in engineering and construction contracts

When entering into contracts with Employers as the main contractor or as subcontractors construction companies especially BEE construction companies must take note of the provisions of exculpation clauses which can have dire financial consequences for the contractor especially in instances where notwithstanding that the contractor has performed the work it will not be entitled to additional payment for the said
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July 20, 2020

State Liability Amendment Act – Process of attachment

In terms of s 3 (2) of the State Liability Amendment Act 14 of 2011 (SLAA),  that came into operation on 30 August 2011, the state attorney or attorney of record appearing on behalf of the department concerned, must, within seven days after a court order sounding in money against a department becomes final, in writing, inform the executive authority
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drone
July 20, 2020

The Jurisprudence of Remote Piloted Aircraft Systems

is South Africa ready? The drone incident at Gatwick Airport in December 2018 has somewhat disrupted the aviation industry in the UK. An estimated 1000 flights were cancelled and over 140 000 passengers were affected. The frustration experienced by government, business and ordinary citizens proved to be an uncomfortable, if hypothetical question to South Africa: would we be ready to
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