Court Order Confirms Law Firms Exempt from Business Account Audits

An important declaratory order was handed down by the Gauteng High Court in mid-April, which declares that legal practices (aka law firms) that are incorporated as personal liability companies are EXEMPT under section 30(2A) of the Companies Act from having their annual financial statements audited or independently reviewed. This court application was brought by the […]

Embracing Passion: Abigail Reynolds’ Journey from Masters to Volunteerism

  In a world often consumed by the hustle and bustle of career pursuits, it’s refreshing to encounter individuals like Abigail, the Principal Attorney of Reynolds Attorneys, who not only excel in their professional endeavours but also channel their free time towards noble causes. Abigail’s story is one of dedication, selflessness, and a deep-seated love […]

Deemed Offer Clauses, and a Change of Control of Shareholders

A deemed offer clause is one of the important clauses that are commonly included in a company’s memorandum of incorporation (“MOI”) or shareholders agreement. It records various trigger events which, once one occurs, automatically deem the shareholder to which it has occurred to have offered all of its shares in the company for sale to […]

Legal Implications of Using AI Generative Services

You would need to be living off the grid and be totally unplugged not to have heard of ChatGPT. It has a massive number of initial subscribers and is touted diametrically opposed as either genius or the start of “the end of days”. Irrespective of the view you might hold, it is critical that your […]

Flawed Corporate Cultures Contribution to Corporate Failures or Scandals, the Board’s Role in Creating a Good Culture, and South Africa’s Governing Framework

1 INTRODUCTION   There is no doubt that flawed corporate cultures can contribute to corporate failures or scandals. Research has shown that numerous corporate failures or scandals in corporates across the globe can be attributed in part to the relevant corporate having a flawed corporate culture[1]. This paper will explain how a flawed corporate culture […]

Updates in the Local Data Protection Landscape

This week the Information Regulator issued its first fine. It fined the Department of Justice R5 million for failure to renew antivirus software as instructed. This comes after the deadline for submission by all public and private bodies of a section 32 report under the Promotion of Access to Information Act (‘PAIA’). These acts clearly indicate […]

Liability for Damages Regarding Leaking Balconies of a Sectional Title Scheme Unit

The legal position and liability of the potential damage caused by a balcony leaking onto other balconies below your balcony and/or the damage caused by leaking balconies above your balcony is to be considered in many ways. Firstly, it is important to note that when considering with whom liability lies, one has to consider whether […]

The Authentication of Documents and Apostilles

The authentication of documents is required when such document is signed in one country, but is to be used in another. When the document is authenticated, it will then be recognised as a legal document in the foreign country in which it is to be used. Two options are available in order to have a […]

The Benefits of Commercial Mediation

The eerily similar nature of two matters that I was involved in was ample motivation to prepare this short case study. Both cases involved disputes amongst shareholders related to matters of corporate governance and significant trust deficits among the parties involved, and who were deadlocked as to the future management of the company. Rule 41A […]

Franchise Agreements: Unfair Terms and the Consumer Protection Act

I INTRODUCTION   The franchise industry is very important to South Africa’s economy with its economic output as a percentage of GDP at 15.3% in 2017. This percentage contribution to GDP ranks it as one of the top 5 highest franchise industry contributors to a country’s GDP globally[1].  In a survey based on input from […]