by webmaster | Apr 8, 2024 | Just News
Insolvency proceedings will always be to the benefit of the creditors. When companies are liquidated or private persons are sequestrated, the property of the insolvent vests in the trustee or liquidator to fairly distribute the assets among creditors.[i] However, the...
by webmaster | Apr 8, 2024 | Just News
Interpreting contracts in South Africa has been no easy feat for our courts. When adjudicating not only do they have to consider legislation and public policy, but they also have to bear in mind that the law needs to be developed without overstepping boundaries and...
by webmaster | Apr 8, 2024 | Just News
Introduction It is common in legal corporate and commercial practice for a client to seek advice on the sale or purchase of what may generically be referred to as a “business”. To a layman client the concept may appear simple – “Mrs. X owns “Brilliant Grocers”, a...
by webmaster | Apr 8, 2024 | Just News
Introduction In the context of South African company law, a memorandum of incorporation (MOI) and a shareholders agreement (SHA) are similar documents in that both seek to govern the manner in which a company is run, albeit with subtle differences.[1] In terms of the...
by webmaster | Apr 8, 2024 | Just News
Does a trust need to register as a homebuilder? Each year, hundreds of new homes are constructed by commercial developers around the country. To regulate this industry, the Housing Consumers Protection Measures Act 95 of 1998 (“the Act”) established the National Home...
