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As South Africa trudges towards the deadline to comply with the Protection of Personal Information Act 4 of 2013 (POPIA), much remains indicative of the fact that a good number of entities have either little or no strategy in place to comply with the Act.
We often get inquiries from some of our clients with regards to how the process of transferring the interest of a deceased relative who, was a member of a Close Corporation (CC). We value such inquiries in that it is indicative of the appreciation that our valued clients have for the law, and at the same time giving us an opportunity to provide expert legal assistance.
It must be noted that it is not enough to remove an Executor merely because of disagreements between the Executor and other interested parties, but a high standard of undesirability or wrongdoing on the part of the Executor need to be satisfied first.
Whereas a close corporation is regarded as a juristic person with separate legal persona to that of its members, the individual members ought to observe such and alleviate the risk of binding the close corporation in instances where it was not intended so.
Customary marriages in South Africa are regulated under the Recognition of Customary Marriages Act 120 of 1998 (RCMA). The RCMA provides that for a customary marriage to be deemed as legally valid and binding, the requirements provided in Section 3 must be complied with.
Whereas liquidation is prescribed for companies that are insolvent (solvent companies can also liquidate under section 81 of the Companies Act 71 of 2008), business rescue is preferred where there are prospects that the company can be saved from shutdown.
In this article, we discuss the business rescue process in South Africa, as well as the difference between business rescue by compnay resolution and business rescue by court order.
It is not uncommon that at the behest of a moment of deep romance, parties in romantic relationships find themselves making decisions which have far reaching implications pertaining to their individual estates, when a marriage is eventually concluded.
There is often conflict when there is shared responsibility for land and building and, the CSOS aims to manage operations and provide efficient and cost-effective methods for dispute resolution within community schemes.
It is a common misconception that the need for special levies in sectional title schemes was banished with the introduction of the new legislation which regulates the management of sectional title schemes.
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