businessman in business suit walking up steps

Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

Company / Corporate / Compliance, Insolvency / Liquidation, Litigation / Law DotNews

“Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for the “first aid for companies” option of business rescue. Creditors coming out of that process with a shortfall (only the luckiest creditors are likely

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Your Websites of the Month: Measure and Maximise Your Business Creativity

Website of the Month / Law DotNews

“Creativity is the key to success” (Abdul Kalam) It’s hard to think of a successful entrepreneur who isn’t at heart creative. Creativity comes with the territory, and anything you can do to increase it has got to be good for your bottom line. The good news is that you can train yourself to maximise your

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broker business real estate agent working hard in the office, hi

Buying Property from a Company – Should You Buy the Shares or the House?

Property / Law DotNews

There is never a wrong time to buy the right home (Anon) You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the

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Spousal Maintenance After Divorce and the “Clean Break” Principle

Family Law / Law DotNews

“The clean break principle after divorce has found resonance with our courts for many years. The aim of this principle is to ensure that the parties become financially independent of each other as soon as possible after divorce.” (Extract from judgment below) Our courts always prioritise the interests of children in any marital breakup, and

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R4m Damages for a Workplace Sexual Assault

Employment and Labour Law / Law DotNews

“The stance adopted by the Municipality at the trial demonstrated a disturbing lack of appreciation of its legal obligation to have provided E[….] with a safe working environment.” (Extract from judgment below) Our courts do not tolerate any form of sexual assault or harassment in the workplace and a recent High Court decision confirms the danger

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Bodies Corporate: Before You Sequestrate to Recover Arrears…

Debt Recovery, Insolvency / Liquidation, Property / Law DotNews

“Bankruptcy – a fate worse than debt” (Anon) One of a Body Corporate’s fundamental duties is to collect monthly levies from the scheme’s members, and to take robust action to recover any arrears. As with any other creditor/debtor relationship however, trying to recover debt can be an exercise in frustration and delay, and the more

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Your Website of the Month: How to Plan and Hold Virtual Board Meetings

Business, Website of the Month / Law DotNews

Virtual meetings are here to stay. Make the most of them with “Optimising the virtual boardroom: A guide to planning and executing virtual board meetings” from Nasdaq Governance Solutions on Moneyweb. Learn how to – “Build a virtual board table” (“creating a virtual seating arrangement” and so on), “Mitigate meeting day glitches” (we’ve all wasted time

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11 POPIA Questions to Ask Yourself Before 30 June 2021

Business, Information Technology Law / Cyberlaw, Property / Law DotNews

Note: This is a complex topic and there is no substitute for tailored professional advice. What is set out below is of necessity no more than a simplified summary of some practical highlights. You and your business are at substantial risk if you aren’t fully compliant with POPIA (the Protection of Personal Information Act) on

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canceled contract. businessman tearing up a document, contract o

When Bond Clauses Sink Sales

Property / Law DotNews

“Before anything else, preparation is the key to success” (Alexander Graham Bell) You sell your house, give the signed sale agreement to your attorney, and wait to get paid out as soon as the property is transferred in the Deeds Office. What could possibly go wrong? Quite a bit as it turns out, but perhaps

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positive test result by using rapid test device for covid 19, no

Dismissed: The Butcher Who Went to Work With COVID-19

Employment and Labour Law / Law DotNews

“The facts of this case are indeed extraordinary. They are indicative of the need for more to be done at both the workplace and in our communities, in ensuring that employers, employees, and the general populace are sensitised to the realities of this pandemic, and to further reinforce the obligations of employers and employees in

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