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Trustees beware! You can now be fined and jailed!

27 February 2023,  André van Niekerk, Johnny Davis, Mark le Riche

Trusts have for some time now been the target of criticism for their alleged use and abuse in the money... laundering environment. The latest challenge to the trust comes in the form of a major amendment to South Africa’s anti-money laundering framework by the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which holds serious implications for trusts and trustees. In this article we will focus specifically on how the trust form is abused and how the Amendment Act aims to curb such abuse.

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2418
Article
New anti-money laundering amendment legislation to affect companies and trusts

21 February 2023,  Dr Damian Viviers

Major amendments to South Africa’s anti-money laundering framework have almost unnoticed introduced serious changes to the trust and company law... environment, including the addition of hefty fines and jailtime for trustees! So, although these changes have been aimed at the fight against money laundering and terrorism, the real impact of the amendments will be far wider. 

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1801
Article
Should you bother with a shareholders’ agreement?

06 May 2022

Despite the Companies Act introducing a number of developments such as the Memorandum of Incorporation or “MOI”, we find that... many of our clients are still uncertain about the relationship between an MOI and shareholders’ agreement and whether a shareholders’ agreement is at all necessary. Here we briefly explain the purpose of these company documents and how they relate to each other.

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2139
Article
When must a director disclose a financial interest?

08 February 2022,  Millisanté de Wee

Being a director in a company does not necessarily stop you from holding shares in other companies. However, should your... company transact with another company in which you have a shareholding stake and from which you could potentially benefit, it becomes important that you disclose such financial interest to your co-directors, even if you can’t influence the transaction.

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6363
Article
Companies Act Amendment Bill – less red tape or more?

14 December 2021,  Luhann Prinsloo

I understand there are amendments being proposed to the Companies Act? Will this help make life easier or harder for... our company? It feels as if there is always just more red tape whenever the law changes.

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1809
Article
How long is a proxy valid for?

14 September 2021,  Johnny Davis

I was recently appointed as a proxy to represent a shareholder at an upcoming shareholders meeting. Unfortunately, the meeting has... been rescheduled two months later, and I was wondering if the proxy will still be valid then or would I need to have a new proxy issued by the shareholder for the meeting?

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1275
Article
The importance of women in Broad-Based Black Economic Empowerment

10 August 2021

There is often media reports about BEE and its importance, but one gets the impression the focus is often on... black males with black women taking a backseat. Is there any value for companies to consider black women empowerment?

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1147
Article
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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1171
Article
Which socio-economic contributions can be recognised for my BEE scorecard?

14 June 2021,  Marc Naude

Our company will no longer qualify as an automatic EME and we will have to undergo a formal BEE verification.... We have always tried to help our community with donations and allowing our staff to help with charities. Will this count towards our socio-economic development points?

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1294
Article
The benefits of learnerships for your business

20 May 2021

I have been informed by a colleague that I may need to look at implementing learnerships to improve the BEE... level of my company. How do learnerships work and can they really provide such a benefit?

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1254
Article
Phantom share schemes – a very real option for incentivising your key staff

20 May 2021,  Mulalo Mokgoro

Our family owns a very successful agriculture company that has been built up over the years by our family. We... have a number of employees that have also shown their value to the business and we would like to retain and reward them by giving them shares in the business. However, we feel strongly about the family nature of our business and don’t want a large number of shareholders with accompanying shareholder rights we have to involve in every decision. Is this possible to achieve?

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1305
Article
The final say on business interruption insurance and Covid-19

16 March 2021

I’ve been following the media reports relating to the Café Chameleon case and their claim that their business interruption insurance... covers losses suffered due to Covid-19. The last I heard was that this case was being appealed by the insurer. I have a similar argument going with my insurers, and would like to know whether there is any finality yet on the matter.

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1298
Article

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