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What is meant by 'fit and proper'? The Australian Federal Court sheds some light
30 November 2018 Tax & Exchange Control

What is meant by 'fit and proper'? The Australian Federal Court sheds some light

The concept of a ‘fit and proper’ person is a fundamental one in many professions, jurisdictions and organisations as it is used to determine a person’s honesty, integrity and reputation in order to confirm that they are fit and proper for the role they are undertaking. There is, however, no single infallible test regarding what constitutes a ‘fit and proper’ person and in some instances, this requirement is not defined in legislation.

The ambit of section 420 of the Companies Act
28 November 2018 Dispute Resolution

The ambit of section 420 of the Companies Act

In the recent reported judgment of De Villiers v GJN Trust (756/2017) [2018] ZASCA 80, the Supreme Court of Appeal (SCA) considered, among other things, the ambit of s420 of the Act, as well as the effect of a s420 court order, whereby the dissolution of a company is declared void.

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A burning issue: National Treasury releases the revised Draft Regulations on the Carbon Offset
16 November 2018 Tax & Exchange Control

A burning issue: National Treasury releases the revised Draft Regulations on the Carbon Offset

On 12 November 2018, National Treasury (NT) published the revised Draft Regulation on the Carbon Offset (Draft Regulations) for a second round of public comment. The Regulations were published with the Explanatory Note for the Draft Regulation on the Carbon Offset (Explanatory Note) and a Media Statement dealing with the publication of the Draft Regulations and Explanatory Note (Media Statement). According to the Media Statement, the Minister of Finance recently announced the implementation of carbon tax effective from 1 June 2019. A key design feature of the carbon tax is the carbon offset allowance, which the Draft Regulations deal with.

Shareholder activism, here to stay
14 November 2018 Corporate & Commercial

Shareholder activism, here to stay

“Shareholder activism is not a privilege – it is a right and a responsibility. When we invest in a company, we own part of the company and we are partly responsible for how that company progresses. If we believe there is something going wrong with the company, then we, as shareholders, must become active and vocal” – renowned emerging markets investor, Mark Mobius, 2014.

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Think twice before you tweet
22 January 2016 Employment

Think twice before you tweet

South Africa has walked into a veritable social media storm in the early parts of the year, with employers increasingly being placed in the difficult position of having to decide whether or not to take action against employees for their behaviour online.

Best Lawyers 2016 in South Africa announced
22 October 2015 Corporate & Commercial

Best Lawyers 2016 in South Africa announced

The seventh edition of Best Lawyers in South Africa has been released and Cliffe Dekker Hofmeyr’s lawyers have once again featured prominently on the list. Most notably, David Thompson is the Best Lawyers’ 2015 Cape Town Mergers & Acquisitions Lawyer of the Year and Peter Hesseling is Best Lawyers’ 2015 Cape Town Corporate Lawyer of the Year.

Best Lawyers 2016 in South Africa
21 October 2015

Best Lawyers 2016 in South Africa

The seventh edition of Best Lawyers in South Africa has been released and Cliffe Dekker Hofmeyr’s (CDH) lawyers have once again featured prominently on the list. Most notably, David Thompson is the Best Lawyers’ 2015 Cape Town Mergers & Acquisitions Lawyer of the Year and Peter Hesseling is Best Lawyers’ 2015 Cape Town Corporate Lawyer of the Year.

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Employment tax incentives
10 March 2016 Tax & Exchange Control

Employment tax incentives

Nicole Paulsen, associate in the Tax and Exchange Control practice speaks about employment tax incentives and how it expires.