Legal Articles

Advice and tips to consider when making informed decisions

Delinquent Directors

Delinquent Directors

Over the past few years, we have heard more and more often about applications being brought before the court to have directors declared delinquent. What is the purpose of such an application? The aim of the delinquency remedy, as provided for in section 162 of the...

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New Property Act affects Franchising

New Property Act affects Franchising

The Property Practitioners Act, no 22 of 2019 (the Property Act), was signed into law by President Cyril Ramaphosa on the 3rd of October, 2019, which replaces the Estate Agencies Affairs Act, no 112 of 1976. In the Property Practitioners Bill (which was in draft form...

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Change in the Prescribed Rate of Interest

Change in the Prescribed Rate of Interest

Change in the Prescribed Rate of Interest If two or more parties conclude an agreement, such agreement may stipulate the interest rate that a party must pay on a debt in the event of timeous non-payment. If the other party is compelled to institute legal action...

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Franchising Notice

Franchising Notice

The application of certain provisions of the Competition Act 89 of 1998, as amended, to franchise agreements 1. PREFACE 1.1 This notice is prepared and issued by the Competition Commission (hereinafter “the Commission”) in order to inform franchisors and franchisees...

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Beware Of Suretyship

As a businessperson, you will invariably be required to sign a Deed of Suretyship while conducting business. A Deed of Suretyship is where you undertake, in writing, in favour of a creditor to pay the debts of another party (the debtor).

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Legal Articles

Delinquent Directors

Over the past few years, we have heard more and more often about applications being brought before the court to have directors declared delinquent. What is the purpose of such an application? The aim of the delinquency remedy, as provided for in section 162 of the...

New Property Act affects Franchising

The Property Practitioners Act, no 22 of 2019 (the Property Act), was signed into law by President Cyril Ramaphosa on the 3rd of October, 2019, which replaces the Estate Agencies Affairs Act, no 112 of 1976. In the Property Practitioners Bill (which was in draft form...

Change in the Prescribed Rate of Interest

Change in the Prescribed Rate of Interest If two or more parties conclude an agreement, such agreement may stipulate the interest rate that a party must pay on a debt in the event of timeous non-payment. If the other party is compelled to institute legal action...

Spanking your kids at home is now illegal

Recent Constitutional Court Judgement: Spanking your kids at home is now illegal  In 2017, a High Court judgment outlawed corporal punishment in private homes. This ruling was upheld by the Constitutional Court on 18 September 2019.  The High Court ruling was brought...

Does your franchise agreement comply with the CPA

WHAT IF YOUR FRANCHISE AGREEMENT DOESN’T COMPLY WITH THE CPA? You, the Franchisor signed a franchise agreement that you believed was valid. You carefully checked that the agreement contained all the pertinent details discussed with the Franchisee. You made sure that...

Franchising Notice

The application of certain provisions of the Competition Act 89 of 1998, as amended, to franchise agreements 1. PREFACE 1.1 This notice is prepared and issued by the Competition Commission (hereinafter “the Commission”) in order to inform franchisors and franchisees...

Beware Of Suretyship

As a businessperson, you will invariably be required to sign a Deed of Suretyship while conducting business. A Deed of Suretyship is where you undertake, in writing, in favour of a creditor to pay the debts of another party (the debtor). Should you require a loan or...

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