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

 

Legal Articles

From monthly archives: September 2021

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

Lawful Disciplinary Procedures in South Africa

The security of employment is of the utmost importance for so many people, as it assures their survival for the foreseeable future. The South African labour law regime was crafted in a way that seeks to protect employment security, since the bargaining power between employers and employees is somewhat skewed due to economic power between these two parties.

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Trusts in South Africa – A Basic Guide for Trust Founders, Trustees & Beneficiaries

Not all people who find themselves having to deal with Trusts understand what it is all about, therefore in this brief discussion we will highlight the prominent issues that one has to familiarise themselves with in order to safeguard their interests when dealing with a Trust.

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Factual and Commercial Insolvency Explained

While in most cases it suffices to refer a party as insolvent where they are unable to pay their liabilities as and when they become due, it becomes necessary at times to distinguish and specify the state of such insolvency especially when it comes to companies. In that case the difference between factual and commercial insolvency becomes an important one.

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Liquidation, Business Rescue, or Compromise – Heads and Tails

Liquidation, Business Rescue, or Compromise? This needs to be answered in the clearest of terms to avoid any confusion. While the circumstances that invite any of these procedures are the same, the actual situation determines which option is suitable to be implemented.

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How Does Business Rescue Seek to Assist Distressed Companies?

There are various reasons why a business may not perform well, and this will likely have an impact on its financial soundness. In this time of the COVID-19 pandemic there are indeed a lot of unprecedented challenges being faced by businesses the world over, necessitating the need to adopt and adapt to the new normal.

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What Criminal Bail is – And What it Isn’t

There are a lot of misconceptions amongst many people with regards to bail, its essence, and proceedings to be specific. In this brief article we will unpack and clear up some of the issues with regards to criminal bails.

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Bail – Is it a Sail or Nail?

In as much as being arrested is not a foregone conclusion of guilt or innocence, bail being granted, or its denial is not proof that one is guilty or not. The question of guilty or not guilty is the determination of the Court upon the finalisation of the case if other avenues are not opted for.

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Apostilles – Questions and Answers with Our Notary Attorneys

In this article we will answer some pertinent questions we receive from our clients so that one does not suffer the inconvenience of having the documents they intend to use in another country not being acceptable as they are.

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Is an Independent Trustee Required as a Matter of Law?

Since it is a matter of practice and not one premised on the provisions of the law, the requirement to appoint an independent Trustee may be dispensed with in the event that good cause is shown that the interests of creditors will not be compromised.

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A Trustee Need not be a Professional – But…

There is absolutely no requirement at law that a Trustee must be a professional, but that such person must be a major and have an appreciation of what is expected of them, the duties they are accepting and capacity to discharge such responsibilities.

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