Legal Articles | All posts archived in 'February 2021' — Page

 

Legal Articles

From monthly archives: February 2021

We are pleased to present below all posts archived in 'February 2021'. If you still can't find what you are looking for, try using the search box.

Can You Trust a Trust with Your Assets?

Trading trusts, asset protection trusts, settlement trusts, charitable trusts as well as special trusts are all aimed at ensuring the security of the purpose for that which that Trust was set up for. In terms of deceased estates, a Trust can be set up to secure inheritance for the benefit of heirs.

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The Advantage of Creditors Requirement in Sequestration Proceedings

During voluntary surrender proceedings the debtor must prove that it will be, whilst in terms of compulsory surrender proceedings the creditor must only show that there is reason to believe that sequestration will be to the advantage of creditors.

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Compromise under the Companies Act of 2008 - The Drawbacks

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.

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Child and Spousal Maintenance in South Africa

The Maintenance of Surviving Spouses Act 2 of 1990 provides that of a surviving spouse to claim maintenance from the late estate of their deceased spouse, and the Executor of the estate is obliged to pay such maintenance.

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Can the City of Johannesburg Legally Demand Deposits on Utility Accounts?

Service providers sometimes see it necessary and in best interest to request consumers to provide guarantees of payment towards service accounts. Such measures are necessary to forestall and compensate for any default in payment of accounts so that business continuity and viability is not affected.

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Business Rescue Process Flow - A Comparison

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.

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The Legal Fundamentals of Divorce in South Africa

The dissolution of marriage is one of the biggest decisions one can make in their lives. Due to the sometimes-grave consequences, divorce is one that the Courts do not take lightly and will only order upon evidence that a normal marriage relationship cannot be restored.

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Legalisation of Documents: The Role of DIRCO South Africa

Stakeholders such as the High Court and Notaries also have a role to play in the legalisation process. This article discusses the role played by the Department of International Relations and Cooperation.

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