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Ultimate beneficial ownership registration requirements

As you may have heard, from the 1st of April 2023, a number of Acts were amended (the Companies Act 71 of 2008, the Financial Intelligence Centre Act 38 of 2001 (“FICA”) and the Trust Property Control Act 57 of 1988 (collectively, the “Acts”)) to introduce and regulate …

Provided By Eversheds Sutherland

by Greg Shapiro

A deep dive into trusts

Introduction A business trust is a form of business vehicle which has become increasingly popular. This is due to the advantages it enjoys compared to other business structures, such as the sole proprietorship, the partnership, the company and the close corporation.…

Provided By SchoemanLaw Inc

by Robyn Shepherd

Merger control

The Competition Commission of South Africa (“the Commission”) does not have to be notified of a merger where the acquiring firm has sole control in...

Notifiability of a merger in South Africa

Failure to notify the Competition Commission of South Africa (“Commission”) of a notifiable merger or implementing a notifiable merger before obtaining approval is a contravention...

State’s custodianship over South Africa’s mineral resources

There has been much litigation in the business rescue proceedings of the companies which own the tragedy-struck Lily & Barbrook Mines. One of the issues...

by Lionel dos Passos

Common law derivative action survives for close corporations despite Companies Act

In the recent decision in Naidoo and Another v The Dube Tradeport Corporation and Others the Supreme Court of Appeal yet again had cause to...

by Lizelle Donaldson

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The interplay between company name reservations, trade mark registrations and defensive company name registrations

More often than not, business owners do not attend to a trade mark availability search before they register their company name at the Companies and...

by Sonica Wilken

Understanding a trust’s ownership rights in close corporations

Close corporations can no longer be registered in South Africa and will be phased out over time. However, until then, many people are unaware that...

by Jayde Vaughan

close corporation

Civil litigation- Security for costs

What are the legal implications of the enactment and implementation of the Companies Act 71 of 2008 in relation to a security for costs order...

by Shepstone Wylie Attorneys

security for costs

Considerations when negotiating and enforcing commercial contracts

The role of public policy considerations, norms of fairness and constitutional values such as Ubuntu in the law of contract, have long caused legal uncertainty....

by Lizelle Donaldson

deceased estate

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