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Requirements for providing guarantees – Financial assistance to companies

Simply put, a guarantee is a promise by one person to perform on behalf of another. It usually takes the form of an agreement to pay for, or effect performance of, certain obligations by the guarantor on behalf of a third party who is primarily liable for that payment …

Provided By Eversheds Sutherland

Tightening up on tacit terms

The courts have recently reaffirmed the restrictive scope of reading tacit terms into written contracts. A notable example of this is the Supreme Court of...

by Yaniv Kleitman and Taryn Jade Moonsamy

How to finance your legal practice

A lawyer’s journey to a sustainable practice is arduous. Not every firm makes it, and much time and effort is required to grow to the...

by Elad Smadja

Are banks entitled to sell your house for next to nothing?

One of the most popular methods by which South Africans purchase immovable property is through a loan from a bank. This process involves a mortgage...

by VDMA Attorneys

To demand or not to demand? That is the question

Has your right to demand repayment of your loan prescribed? A recent Constitutional Court (“CC”) judgment clarified the position vis-à-vis on demand loan agreements. This...

by VDMA Attorneys

South Africa’s first transfer pricing case?

Section 31 of the Income Tax Act, No 58 of 1962 (Act) contains South Africa’s transfer pricing provisions which constitutes one of the most contentious areas...

by Jerome Brink

Interest free loans and trusts

The recent introduction of section 7C to the Income Tax Act brought the taxation of trusts, and the funding thereof specifically, under the spotlight again. Briefly,...

by Brian Kahn Inc Attorneys

The Brusson Scheme: Practical difficulties for ex-owners trying to implement the Constitutional Court’s decision

The decision of the Constitutional Court, in the case of ABSA Bank Limited v Moore and Another [2016] ZACC 34 has far-reaching implications and the implementation of...

by Luanne Chance and Taryn Jade Moonsamy

The Taxation Laws Amendment Bill, 2017: far-reaching changes to debt reduction rules

The new South African Taxation Laws Amendment Bill, 2017 (the “TLAB 2017”) was released following the public consultation process for the Draft Taxation Laws Amendment...

by Gustav Van Den Berg

The nature of cession in security

The cession of incorporeal rights is a legal principle on which significant amounts of money are transacted in the South African market. Cession is a bilateral...

by Adnaan Kariem

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