Electronic Communications Act
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The definition of boundaries to sectional title sections and exclusive use areas
Welcome amendments to the sectional title act and regulations. When the Sectional Titles Act 95 of 1986 (“the Act”) amendments came into effect on 7 December 2010, one welcome change to the Act related to [...]
Directors who are both shareholders and employees of a company
In terms of the new Companies Act, 71 0f 2008, a director may be removed from office by an ordinary resolution adopted at a shareholders meeting despite any agreement that director may have with the [...]
The Solvency and Liquidity Test under the new Companies Act 2008
Section 4 of the Companies Act, 2008, (the Act) sets out a solvency and liquidity test for directors of companies to apply when embarking on certain actions or entering into certain transactions. This test adopts [...]
Failing companies and the Business Rescue Provisions of the new Companies Act.
The new business rescue provisions of the Companies Act (the Act) usher in a largely self administered mechanism for failing companies. Although self-administered, it is not without oversight by the courts on application by stakeholders. [...]
What actions require a special resolution under the new Companies Act?
Corporate actions often require a resolution in order to proceed. There are ordinary and special resolutions which can be taken by the company’s shareholders or the company’s board of directors. An ordinary resolution requires a [...]
A Summary of the Consumer Protection Act No. 68 of 2008
Dingley Attorneys provides a high level overview of the Consumer Protection Act The Act and the Regulations came into operation on 1 April 2011. Overview The main topics covered in the Act are: Consumers will [...]
A Summary of the New Companies Act
Linda Stephenson provides a high level overview of the new Companies Act. Introduction The Companies Act, 71 of 2008 as amended by the Companies Amendment Act, 3 of 2011 came into operation on 1 May [...]
Can Credit Providers increase their Customer’s Credit limits unilaterally?
Have you received a letter advising you that the credit limit on your credit card has been increased due to good management of your facility? The National Credit Act, 34 of 2005 (“the Act”) regulates [...]
Defamation of character
People are often confused as to whether spreading rumours about others or making certain allegations to or about someone constitutes defamation of character. What we see on American television shows is misleading as our law [...]