by VDT Attorneys | Apr 20, 2026 | AML, Anti-Money Laundering, Anti-money Laundering Amendment Act, Beneficial Ownership, Is your family trust SARS-proof, Trust compliance
The role of Independent TrusteesOver the past few years, SARS has raised the issue that the trusts are not administered independently by the trustees. An independent trustee is required to act on all family trusts to ensure that the decisions made are objectively...
by VDT Attorneys | Feb 4, 2026 | AML, Anti-Money Laundering, Anti-money Laundering Amendment Act, Beneficial Ownership, Companies, SARS
A regular review of the trust deed, the trustees and the beneficiaries of the trust is a crucial element in ensuring the trust’s compliance. Poorly drafted trust deeds can limit the trustees’ powers, with tragic and unnecessary long-term consequences for the...
by VDT Attorneys | Dec 3, 2025 | AML, Anti-Money Laundering, Beneficial Ownership, Grey listing, SARS, Trust compliance, Trustee Duties, Trusts
With South Africa’s greylisting by the Financial Action Task Force (FATF) in 2023, compliance has evolved from being a peripheral consideration to a crucial element of fiduciary planning. Understanding how compliance obligations influence, and in many cases,...
by VDT Attorneys | Nov 24, 2025 | AML, Anti-Money Laundering, Backdated shares, Compliance, Financial Sector Conduct Authority
When share transfers are intentionally backdated, the true date of the transaction is manipulated. Several legislative provisions prohibit backdating shares.The Financial Intelligence Centre Act, 38 of 2001 (“FICA”), provides that accountable institutions are...
by VDT Attorneys | Sep 4, 2025 | AML, Anti-Money Laundering, Anti-money Laundering Amendment Act, Estate Planning, Tax, Tax Advice, Wills and estates
Estate planning does not operate in a vacuum. It is shaped by tax policy, political pressures, and economic realities. Recent developments in South Africa illustrate how quickly the landscape can change. For example, although the government rejected new...
by VDT Attorneys | Jul 16, 2025 | AML, Anti-Money Laundering, Anti-money Laundering Amendment Act, Capital Gains Tax, Heirs, Trusts
Before recent amendments, having a non-resident beneficiary in a South African trust did not have major implications for the trust. If you have a South African trust and wish to add a non-resident beneficiary, such as a child who has moved abroad and is now a tax...
