Key Takeaways • A full sale isn’t the only way to realise value from a business. Preference shares let an owner extract value or bring in investor capital while retaining ordinary equity and operational control. • Section 8E of the Income Tax Act 58 of 1962 can...
Key Takeaways • The Companies Act 71 of 2008 sets a compliance floor that applies to every registered company, but professional bodies layer separate, sector-specific obligations on top of it. • These additional obligations often attach personally to an individual,...
Key Takeaways • A spouse married in a community of property cannot legally sign surety, a common requirement for business finance, without the other spouse’s written consent under the Matrimonial Property Act 88 of 1984. • An exception exists for suretyships...
Key Takeaways • Signing a valid Will is only half the job. The Master of the High Court needs the original document, not a copy, before your estate can be administered as you intended. • If the original can’t be located, your family may have to apply to court...
Key Takeaways • An Executor is the person legally responsible for winding up your estate, and South African law lets you nominate anyone you choose in your Last Will and Testament. • If you don’t nominate a suitable Executor, or the person you name can’t...
Key Takeaways • A breach of contract occurs when one party fails to perform an obligation without lawful excuse, and South African law treats agreements as binding under the principle of pacta sunt servanda. • To succeed with a claim, a business needs a valid...
Key Takeaways • A standard, off-the-shelf will is usually built around personal assets. It rarely deals properly with company shares, and that gap can hold up an entire estate. • Your will and your shareholders agreement need to say the same thing. When they...
Key Takeaways • A counterparty missing a deadline or delivering something short of what was agreed doesn’t automatically mean you can walk away from the contract. • South African law draws a sharp line between a material breach, serious enough to justify...
Key Takeaways • A dormant company still generates real obligations: annual returns, beneficial ownership updates, and SARS filings don’t stop because trading has. • Voluntary deregistration under the Companies Act 71 of 2008 is a controlled, director-initiated...
Key Takeaways • Marriage in community of property merges both spouses’ estates, which extends to property portfolios, development debts, and investment risk. • Lenders generally require spousal consent for certain transactions involving immovable property in a...
Afrikaans 
English