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Filter: Commercial
The impact of the new Cybercrimes Act on businesses

14 July 2021,  Nanette Janse van Rensburg

My business operates in the electronic communications sector and I’m a little concerned as to what the new Cybercrimes Act... will mean for us and how it can affect my business. Can you shed any light on this?

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Article
The Information Officer and POPIA: What you need to know

20 May 2021

I am the compliance officer for our retail business. I’m aware of the deadline of 1 July 2021 to be... POPIA compliant and we are busy putting the necessary in place. I’ve recently heard that the Information Regulator now requires information officers to be registered with the Information Regulator. Is this true and what are the main responsibilities of an information officer?

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882
Article
Can a testator rule from the grave?

16 March 2021,  Johnny Davis

I was recently appointed as the executor of a deceased estate of a family member. The provisions of the deceased’s... last will and testament are very strict and every bequest is subject to some form of condition. Do I have to adhere to the provisions of the last will and testament or did the deceased exceed his right to rule from the grave? 

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Article
How valid is signing an agreement electronically?

10 February 2021,  Luhann Prinsloo

I’ve grown up signing our business contracts with pen on paper. With Covid however, most of my suppliers send me... their agreements electronically which I sign by adding a copy of my signature digitally or, in some cases using specific software through which I then add my signature. It does make things easier, but I was wondering how valid and binding these agreements are?

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Article
Validity of lock-in provisions in BEE transactions

11 September 2020,  Johnny Davis

A few years ago, our company entered into a BEE transaction with BEE partners to address our ownership. In the... transaction documents, restrictions were imposed on the BEE partners that they could not sell or encumber their shares for a period of at least ten years. These lock-in provisions were a necessary part of the financing and overall transaction. With the current difficult economic times, our partners want to sell a portion of their shares and are disputing the validity of our lock-in provisions. Are lock-in provisions legally enforceable?

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Article
Electronic signatures – valid or just fantasy?

19 May 2020,  Dr Damian Viviers

The COVID-19 pandemic and nationwide lockdown, as well as the continued restriction on many economic activities, has created severe financial... pressure for many businesses, especially from a cash flow perspective. It is therefore vital for businesses to not only rearrange and amend their current contractual obligations, but also to enter into new contracts, in order to survive.

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Article
A world in chaos: Do businesses have options to weather the storm?

20 April 2020,  Dr Damian Viviers

The year 2020, or 20plenty as it was commonly referred to when the new decade commenced, has over the last... few months, primarily as a result of the worldwide Covid-19 pandemic, turned out to be an unprecedented time in our history. This is not only true for South Africans, but for all countries and people across the globe. Various negative effects are culminating from and being amplified this virus, not the least of which are medical and economic in nature. All indications are that the world is facing the deepest recession and most challenging health and economic crisis in last 100 years, which will affect everyone at some point and in some way or another.

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Article
Can a bank transfer funds from one account to another without your permission?

11 November 2019,  Dr Candice Reynders

I have two accounts with the same bank. I am in arrears on my home loan payments but will be... receiving money into my savings account. It’s not my money, but money from my sister that I must use to help arrange for her wedding and expenses. I’m just worried that the bank will see the money and then take it to settle my arrears on my home loan. Can they do this?

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729
Article
What happens to my shares in the company when I die?

14 August 2019

We are four friends that started our own company a few years ago with each of us being equal shareholders.... We are thankful that is has been going well with the business, but now that there is some money and equity in our company, we were wondering what would happen in the event that one of us passed away.

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570
Article
POPIA and the role of consent for direct marketing

09 November 2018

I have purchased some electronic products from a local store. They asked me for my contact details supposedly for warranty... purposes on the product. Now they keep sending me SMS’s and emails to market their products. Surely they must first ask to me before they can do this?

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Article
My company is going under - what is my personal exposure?

08 August 2018,  Japie Kruger

My wife and I are the sole shareholders and directors of our family company. We’ve had a few good years,... but with the current economic times, despite our best efforts to keep the company afloat, it doesn’t look like the company is going to make it. For the first time this reality has hit us and we are both worried that the company’s creditors will come after us and take our home and savings. Can they do this?

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Article
What happens to my Bitcoins when I die?

08 March 2018,  Nanette Janse van Rensburg

I’ve started buying Bitcoins as a form of investment. I am aware that it is a virtual currency and that... different rules apply to Bitcoins. But I’m now starting to wonder how I can ensure that I transfer my Bitcoins to my heirs when I die?

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