by VDT Attorneys | Sep 3, 2024 | AML, Anti-money Laundering Amendment Act, Beneficial Ownership, Companies Act, Company, Trust
While proper administration of a trust has always been a duty of trustees, the manner in which the duty is discharged is now under scrutiny, particularly following the arrival of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act...
by VDT Attorneys | Jul 24, 2024 | Annual Returns, Bona Vacantia, CIPC, Companies Act, Deregistration, Uncategorized
In the Goosen-case the legal proceedings centred around an urgent application by the applicant asking that Goosen Marketing CC be re-registered and reinstated by the CIPC so the close corporation can proceed with a separate trial. The CIPC is mandated to implement...
by VDT Attorneys | Jun 26, 2024 | Companies Act, Director liability,, Section 218(2)
In the matter of Venator Africa (Pty) Ltd v Watts and Another (053/20230) [2024] ZASCA 60 (24 April 2024), the Supreme Court of Appeal re-affirmed the principle that a company has a separate juristic personality from its directors/shareholders and that an aggrieved...
by VDT Attorneys | Feb 28, 2023 | Amendment Act, Companies Act, Company, Compliance, Corporate, Grey listing, Money Laundering, Trust
The Financial Action Task Force (“FATF”) periodically assesses nations and the effectiveness of their financial intelligence regulatory frameworks and controls to prevent money laundering, the illicit flow of money and terrorism financing. When serious deficiencies in...
by VDT Attorneys | May 19, 2022 | Companies Act, MOI, Shareholders Agreement
You’ve decided to set up a company or have had a company for a while but have never gotten so far as to have a shareholders’ agreement drawn up for the company shareholders. You’ve wondered if it’s necessary or even what the point of a shareholders’ agreement is. In...
by VDT Attorneys | Feb 8, 2022 | Business, Companies Act, Company, Corporate, Director
As a director of a company, you have certain fiduciary responsibilities towards the company, which includes disclosing financial interests that may have a bearing on your position as director. In this regard section 75 of the Companies Act 71 of 2008 (“Act”)...