Publications

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

Statutory Merger Defined

The Companies Act has introduced a new form of statutory merger which exists in addition to, and not in substitution for, the pre-existing methods used by companies wanting to effect business combinations, namely the sale [...]

Feedback on our trip to the States

  We flew to Atlanta, Georgia (16 hours) and then to San Francisco, California (a further 5 hours).   California’s “legal” population is 38 million, which is comparable with South Africa’s population of around 50 [...]

Off to the States we go !!

  Myself and my colleague Lionel Andrews are off to San Francisco to attend a meeting of members of SCG Legal for 2 days. We were approved as a member of SCG Legal during the [...]