POPI Compliance

The protection of personal information has become paramount all around the world. There has been an international trend followed by many countries to develop and establish legislation in order to sufficiently protect personal information. South Africa has conformed to...

Spousal consent: is that suretyship valid?

Commercial entities commonly require security in the form of inter alia a deed of suretyship in respect of commercial contracts concluded with other entities where payment is deferred, or any other form of credit is extended to the client. Whilst the persons providing...

Memorandum of Incorporation Deadline Looms

Companies are urged to lodge their new memorandum of incorporation in terms of the Companies Act on or before 30 April 2013. With the deadline upon us, companies are encouraged to submit their MOI’s within the 2 year grace period provided for in terms of the Act and...

101 on Antenuptial Contracts (ANC)

The first misconception that needs dispelling, is that when one enters into an Antenuptial Contract, one is pre-empting a divorce. This is not the case. The main reason for entering into an ANC is to protect the estate of one’s spouse in the event that one accumulates...

Is that document really commissioned?

The above question is somewhat more complex if one takes into account the provisions of the Justice of the Peace and Commissioner of Oaths Act, 16 of 1963 as read with the various Regulations thereto (“the Act”). The consequences of not having a document properly...