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Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk
20 March 2019 Corporate & Commercial

Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk

Deepa Vallabh, Corporate and Commercial Director & Head, Cross-Border M&A: Africa & Asia, participated in a webinar where she discussed "Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk". The Webinar provided an in-depth look at the investment structures that foreign investors can use to minimise risk and increase efficiency in their African investments.

Business rescue and the “costs” of an ulterior motive
20 March 2019 Business Rescue, Restructuring & Insolvency

Business rescue and the “costs” of an ulterior motive

It is trite that the purpose of business rescue proceedings is to rehabilitate companies that have fallen on hard times, with a hope of either rescuing them or to provide a better return to creditors than what they would receive on a liquidation. This was reiterated in the recent Supreme Court of Appeal (SCA) judgment of Van Staden and Others NNO v Pro-Wiz (Pty) Ltd (412/2018) [2019] ZASCA 7 (8 March 2019).

To be…or not to be (a legal practitioner)
20 March 2019 Dispute Resolution

To be…or not to be (a legal practitioner)

It was Jeremy Bentham who said, “The power of the lawyer is in the uncertainty of the law.” However, with the coming into effect of s24 and s26 of the Legal Practice Act, No 28 of 2014, (LPA) on 1 November 2018, aspiring legal practitioners are not only uncertain about the law regarding admission as either attorneys or advocates but are ironically also left quite disenfranchised in their quest to be admitted as legal practitioners. The transitional provisions envisaged in s115 of the LPA have not only left a lacuna in relation to admissions of legal practitioners but have also inevitably triggered an impasse as the courts are indeterminate as to under which provisions legal practitioners can and should be admitted.

Filing your annual financial statements the XBRL way
20 March 2019 Corporate & Commercial

Filing your annual financial statements the XBRL way

As of 1 July 2018, the Companies and Intellectual Property Commission (CIPC) sanctioned the submission of annual financial statements for companies through eXtensible Business Reporting Language (XBRL), in line with its legislative mandate contained in regulation 30 of the Regulations to the Companies Act, No 71 of 2008, as amended, 2011 (Regulations)(Companies Act).

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Business rescue and the “costs” of an ulterior motive
20 March 2019 Business Rescue, Restructuring & Insolvency

Business rescue and the “costs” of an ulterior motive

It is trite that the purpose of business rescue proceedings is to rehabilitate companies that have fallen on hard times, with a hope of either rescuing them or to provide a better return to creditors than what they would receive on a liquidation. This was reiterated in the recent Supreme Court of Appeal (SCA) judgment of Van Staden and Others NNO v Pro-Wiz (Pty) Ltd (412/2018) [2019] ZASCA 7 (8 March 2019).

To be…or not to be (a legal practitioner)
20 March 2019 Dispute Resolution

To be…or not to be (a legal practitioner)

It was Jeremy Bentham who said, “The power of the lawyer is in the uncertainty of the law.” However, with the coming into effect of s24 and s26 of the Legal Practice Act, No 28 of 2014, (LPA) on 1 November 2018, aspiring legal practitioners are not only uncertain about the law regarding admission as either attorneys or advocates but are ironically also left quite disenfranchised in their quest to be admitted as legal practitioners. The transitional provisions envisaged in s115 of the LPA have not only left a lacuna in relation to admissions of legal practitioners but have also inevitably triggered an impasse as the courts are indeterminate as to under which provisions legal practitioners can and should be admitted.

Filing your annual financial statements the XBRL way
20 March 2019 Corporate & Commercial

Filing your annual financial statements the XBRL way

As of 1 July 2018, the Companies and Intellectual Property Commission (CIPC) sanctioned the submission of annual financial statements for companies through eXtensible Business Reporting Language (XBRL), in line with its legislative mandate contained in regulation 30 of the Regulations to the Companies Act, No 71 of 2008, as amended, 2011 (Regulations)(Companies Act).

Preference share funding structures: An overview of the application of the relevant Companies Act and Income Tax Act provisions
20 March 2019 Corporate & Commercial

Preference share funding structures: An overview of the application of the relevant Companies Act and Income Tax Act provisions

Preference share funding structures contemplate the subscription by a funder for preference shares in the share capital of a company with a pre-agreed dividend rate (often linked to a prevailing interest rate) and capital redemption profile. These types of funding structures are often preferred by banks and other financial institutions because dividends received by certain holders, including banks and other juristic persons, are exempt from income tax. Interest on loans, on the other hand, is taxable in the hands of the recipient and often cannot be deducted from the income of the borrower.

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5 legal tips for start-ups
25 October 2018 Corporate & Commercial

5 legal tips for start-ups

Many highly successful start-ups are bedevilled by legal disputes, often between founders or funders, which could have been easily avoided. The story of McDonalds is one example. It was founded by brothers, Richard and Maurice McDonald, who were ultimately allegedly short-changed by Raymond Albert "Ray" Kroc, who joined the business after its establishment but took all the glory (and the money). How? Because they did not put legal agreements in place to regulate their partnership.

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Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk
20 March 2019 Corporate & Commercial

Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk

Deepa Vallabh, Corporate and Commercial Director & Head, Cross-Border M&A: Africa & Asia, participated in a webinar where she discussed "Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk". The Webinar provided an in-depth look at the investment structures that foreign investors can use to minimise risk and increase efficiency in their African investments.

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Samiksha Singh discusses labour law issues
13 March 2019 Employment

Samiksha Singh discusses labour law issues

Samiksha Singh, Director in the Employment Practice featured on Cape Pulpit discussing poor performance in the workplace. She discusses performance management hearings and the importance of engagement between employer and employee.

The forth Industrial Revolution
8 March 2019 Employment

The forth Industrial Revolution

Anli Bezuidenhout, Senior Associate in the Employment Law Practice, discusses how employers should start evaluating the impact that the 4th Industrial Revolution will have on their businesses Cape Talk's Early Breakfast show.