SchoemanLaw Inc
Lending money to a friend? You might be a credit provider
7th August 2014 In many instances people borrow money from friends and families to start a business or buy a small property. In few instances do these people truly... →
Scrutinising Section 129 of the National Credit Act 34 of 2005
8th July 2014 Section 129 of the NCA sets out the procedures a credit provider must follow before enforcing a debt. It provides that inter alia: “if the consumer... →
The impact of deregistration of a company or CC, as result of non-compliance to file annual returns, on creditors
25th June 2014 In terms of section 82(3)(a)(i) of the Companies Act 71 of 2008 (the Act) the Companies and Intellectual Properties Commission (CIPC) can remove a... →
BBBEE in motion – symposium
14th May 2014 On 11 October 2013 the Minister of Trade and Industry, Dr Rob Davies, gazetted the revised Broad-Based Black Economic Empowerment (BBBEE) Codes.... →
Piercing the corporate veil
10th April 2014 Our law recognises that once incorporated, a company acquires an independent legal personality and existence, separate from its incorporators,... →
'Processing' personal information in terms of POPI
7th March 2014 As more fully set out in our January 2014 website article, the Protection of Personal Information Act or “POPI” (hereafter referred to as either... →
Some thoughts on Section 16(9) of the Companies Act – MOI amendments
7th February 2014 The Companies Act, No 78 of 2008 (the Act) has generally been viewed as one of the good pieces of legislation to come out of Parliament, post... →
Business rescue proceedings in a nutshell
27th January 2014 Chapter 6 of the Companies Act, No. 71 of 2008 (The Act) provides for business rescue, which is a mechanism designed to avoid imminent liquidation... →