Publications

New Companies Act effective from 1 May 2011

 A new Act was born. The new Companies Act is in full force and effect. The Companies and Intellectual Property Commission (“CIPC”)is also in operation today from 08h00, check out CIPC’s website for information and detail. The website was not in operation on 1 May and with all the public holidays there was news as to whether the CIPC would be, as promised, in operation on 3 May.  The office hours are: Continue reading “New Companies Act effective from 1 May 2011” »

Franchise or “similar” agreements and the Consumer Protection Act 68 of 2008

In terms of the Consumer Protection Act 68 of 2008, a franchise agreement is defined as: “An agreement between two parties, being the franchisor and the franchisee, respectively-  a)    in which, for consideration paid, or to be paid, by the franchisee to the franchisor, the franchisor grants the franchisee the right to carry on business within all or a specific part of the Republic under a system or marketing plan substantially determined or controlled by the franchisor or an associate of the franchisor; Continue reading “Franchise or “similar” agreements and the Consumer Protection Act 68 of 2008” »

Franchise or “similar” agreements and the Consumer Protection Act 68 of 2008

In terms of the Consumer Protection Act 68 of 2008, a franchise agreement is defined as: “An agreement between two parties, being the franchisor and the franchisee, respectively-  a)    in which, for consideration paid, or to be paid, by the franchisee to the franchisor, the franchisor grants the franchisee the right to carry on business within all or a specific part of the Republic under a system or marketing plan substantially determined or controlled by the franchisor or an associate of the franchisor; Continue reading “Franchise or “similar” agreements and the Consumer Protection Act 68 of 2008” »

Feedback after the Conference on the Companies Act of 2008 and the implementation thereof.

A Conference was held in Rivonia, and attended by Directors, company secretaries, lawyers, in house legal council, auditors, and financial managers on 14 and 15 April 2011. I was a speaker at the conference. The Deputy commissioner of the Companies and Intellectual Property Commission appointed from the effective date of the Companies Act (“the Act”), Adv Rory Voller did confirm that the Act will become effective on the 1 st of May 2011. Continue reading “Feedback after the Conference on the Companies Act of 2008 and the implementation thereof.” »

Choose the right terms – INCOTERMS 2010

The International Chamber of Commerce (“ICC”) generally conducts revisions every 10 years; the new revision of the ICC, known as “INCOTERMS 2010” have been developed as a result of a review of current shipping practices and trends in an effort to keep up with the rapid expansion of international trade. The new trade terms became effective as of January 1st, 2011. Continue reading “Choose the right terms – INCOTERMS 2010” »

Brief overview of consumer rights in terms of the Consumer Protection Act

From 01 April 2011 all the provisions of the Consumer Protection Act, 2008 No. 68 of 2008 and the Regulations (“the Act”) will apply. Some sections like the section regarding product liability have applied since 24 April 2010. The Act applies to every transaction regarding the supply of goods and services in South Africa or the promotion (i.e. advertisement) of such goods and services. Continue reading “Brief overview of consumer rights in terms of the Consumer Protection Act” »

The right to return Goods in terms of the Consumer Protection Act

 In terms of the Consumer Protection Act a Consumer may request/ be entitled to: a refund; return purchased goods; be entitled to have goods repaired; and/or have the goods replaced. Continue reading “The right to return Goods in terms of the Consumer Protection Act” »

New Companies Act implementation scheduled for 1 April 2011 delayed

The new Companies Act will not be implemented today. The past few days were a rollercoaster of discussions and speculations of whether the Act will be implemented or not. My impression is that I am not happy that it is not implemented today. The first complete Companies Bill was published on 11 June 2007, almost 4 years ago. Subsequent amendments and regulations were published which were necessary. The amendments were to a large extend cosmetic. Continue reading “New Companies Act implementation scheduled for 1 April 2011 delayed” »

INCOTERMS 2010 yet another step in the right direction for global trade

With an estimated 6700 languages, 196 countries, 14 common law systems which have been further developed and applied by each country, it is almost unthinkable to negotiate contracts, with all these obstructions. Misunderstandings, local practices, different cultural orientation, illegal terms can lead to losses and deadlines being missed. In International Trade there is usually a series of contracts, the purchase agreement, supply agreements, freight agreements and distributing agreements. Continue reading “INCOTERMS 2010 yet another step in the right direction for global trade” »

Its the final countdown to the new Companies Act and the new Consumer Protection Act

It is now a matter of days before a new era of company regulation and consumer affairs regulation starts. It is very exiting times for South African citizens. It will bring us on par with legislative and policy development of the developed world. It’s also an era of the proper regulation and enforcement of this legislation. As with any new business the new commissions will probably be off to a slow start but will certainly get momentum very soon. Continue reading “Its the final countdown to the new Companies Act and the new Consumer Protection Act” »