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So far pietervdm has created 277 blog entries.

Design, another form of Intellectual Property

In terms of the South African Designs Act, 1993 ("the Designs Act") there are two types of designs which may be registered for protection. Namely, aesthetical designs and functional designs. An aesthetic design relates purely to the appearance of the article such as the features of a pattern, shape, configuration or ornamentation of a design [...]

Reporting Corruption in the work place:When to Blow the Whistle?

Acts of fraud and corruption amongst executive management are two of the main downfalls that can bring a company to its knees. The question that arises is what transpires when an employee reports such acts. Whistle blowing is common knowledge in the business environment. However it can be argued that employees may not be fully [...]

The Year Ahead of Us

In the last week of each year Van Der Merwe Attorneys finds it imperative to hold individual staff meetings to grasp the experiences of the year that has just passed and to plan for the year to come both individually and as a group. At close of office we had the following matters to consider: [...]

To Trust or not to Trust? That is the Question!

One of the most important goals of conducting a business is safeguarding your assets and investments from creditors and other risks. Business owners and prospective investors need to make informed decisions when finally deciding on the vehicle of their new entity or for the investment of their assets. The question that most frequently arises is what [...]

Alternative Dispute Resolution in terms of Section 166 and 167 of the Companies Act, 2008

As an alternative to instituting action in a court of law, a person who would be entitled to apply for relief or file a complaint in terms of the Companies Act 71, of 2008 (“the Companies Act”), may refer a matter that could be the subject of such an application or complaint for resolution by [...]

A look back at 2013 !!

  It feels awkward an insignificant to write this article about ourselves during the same time as we are mourning about Madiba’s passing. I would like to start off by saying that Van Der Merwe Attorneys could not be more grateful and appreciative for our clients’ support and trust throughout this past year. 2013 has [...]

POPI – Contract the Key to Effective Compliance

Click on this link regarding a publication by us in the Without Prejudice magazine, December edition: Contract - The Key To Efficient POPI Compliance

The Effect of the Mineral and Petroleum Resources Royalties Act 28 of 2008

Signed on the 17th November 2008, the Mineral and Petroleum Resources Royalties Act (“the Act”) seeks to give effect to the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”), namely Section 3 which states inter alia: “As the custodian of the nation’s mineral and petroleum resources, the State, acting through the Minister may, [...]

Unauthorised Distributions, a Must Read !!

Hypothetical scenario: A company’s board of directors consists of three directors. Two of the three directors are the sole shareholders of the company. The two directors which are shareholders wish to declare and pay a distribution (a dividend). The third director which is not a shareholder does not believe that the company has sufficient finds [...]

The abc of agreements, what are they?

  In the corporate world, agreements and contracts are just some of the most common documents being signed and reviewed by one or more companies. Regardless if it’s a merger or acquisition, or any other legal move, agreements are necessarily important. However, some companies are left with nothing but lawsuits and legal complaints simply because [...]

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