Entries by Office Admin

The 8 Conditions for the Processing of Personal Information: Part II

The deadline for full compliance with the Protection of Personal Information Act, 2013 (“POPI“) is around the corner, and it certainly has caused a recent spike in emails from concerned clients wondering if it is too late. Although ensuring compliance may seem like a daunting task, the good news is that it is not too […]

The 8 Conditions for the Processing of Personal Information: Part I

The deadline for full compliance with the Protection of Personal Information Act, 2013 (“POPI“) is around the corner, and it certainly has caused a recent spike in emails from concerned clients wondering if it is too late. Although ensuring compliance may seem like a daunting task, the good news is that it is not too […]

Shareholder Loans and the National Credit Act

Introduction Loans made by a company to its shareholders, and shareholder loans made to companies are common. In particular, and often in B-BBEE transaction, we see companies offering vendor finance to prospective shareholders by way of the provision of loan funding, with interest. The borrowing shareholder in such an example is often an individual, and […]

WHAT DOES THE NATIONAL CREDIT ACT SAY ABOUT RECKLESS LENDING?

What is Reckless Credit? Reckless Credit is any credit granted to a consumer in terms of a credit agreement where the credit provider (e.g., a bank, or a retail store), at the time the credit agreement is to be concluded, has not conducted a proper assessment. What is the credit assessment? When a consumer applies […]

Exchange Control – An investors nightmare?

Essentially, Exchange Controls are limitations and rules imposed by governments on currency transactions. The intention is that these controls will create a way to stabilize economies by limiting and controlling how money flows in and out of a country, which left unchecked, would (this is the logic) detrimentally affect currency stability, and would create an unacceptable level of currency […]

Endorsement of non-resident share certificates

Introduction The Exchange Control Regulations of 1961 (“Regulations”) were promulgated in terms of the Currencies and Exchanges Act, 9 of 1933. This is to regulate the flow of funds into South Africa from external or foreign sources. As well as the outflow of funds from South African residents in South Africa to non-South African residents. […]

Shelley’s Best Lawyers Nomination!

Congratulations to our founder, Shelley Mackay-Davidson, for selection by her peers for inclusion in the 10th Edition of The Best Lawyers in South Africa, for her work in Corporate Law and Real Estate Law (for 4 years running!). Only the best at Brevity Law! https://www.bestlawyers.com/current-edition/south-africa