What is EPR? Sorting Through the Waste Regulations
Although it is clear that at this early stage, many market participants do not take EPR, the EPR Regulations, nor their enforcement seriously, and although ignoring the implications thereof may seem a tenable and attractive option, the Department has indicated that such an attitude will not go unpunished and will result in severe consequences further down the line.
Freedom of Expression and Hate Speech: The Legalities for Social Media Users
While freedom of expression is a cherished right introduced to South Africans against the historical backdrop of thought control and censorship, it comes with responsibilities. Social media users must exercise caution and respect the legal boundaries when expressing their views online.
Deadline for filing of securities registers looms!
This quick newsflash is just to inform our corporate clients that all companies registered with the Companies and Intellectual Property Commission (CIPC) (each, a "Company") must file their securities registers (including details of beneficial owners) with the CIPC ("Disclosure Requirement") by no later than 24 May 2024.
Congratulations to Megan Melck who has been promoted to Associate from Junior Associate.
Megan has excelled as a Junior Associate and her promotion is well deserved. Her journey at DML began during her articles and continued through the two years of being a Junior Associate, where she gained useful experience in our Corporate and Commercial Dispute Resolution and Litigation Department. Her experience spans across corporate and commercial litigation more...
The challenges and limitations of using a Power of Attorney when someone becomes incapacitated
We are often approached to prepare a power of attorney for someone whose family member faces illness, mental or physical incapacity, or an inability to manage their own affairs.
PAIA Manual – Do you have one, is it up to date and ready for inspection?
If you do have an existing PAIA Manual, ensure you merge the mandatory forms to your Manual. The forms can be downloaded on the Information Regulator’s website. Very important to remember - it is a criminal offence not to have a PAIA Manual if you are required to do so, and your entity may face fines for non-compliance. Should you not have a PAIA Manual, or if your PAIA Manual has not been updated in terms of the provisions of POPIA or with the mandatory PAIA forms, contact us to assist you.
Converting a Close Corporation to a Company in South Africa
Converting a Close Corporation (“CC”) to a Company is a common business transition in South Africa and involves a change in the structure and legal status of the business. There are advantages to this. This is a short guide to help you navigate the process smoothly.
Breaking down the new beneficial ownership reporting requirements for trusts
The Amendment Act has introduced new trustee obligations into the existing South African trust law. The changes pertain to the recording and reporting of beneficial ownership of trusts. The aim of this recording is to improve transparency regarding the ownership of trust assets to assist in the combatting of a money laundering and terrorist financing.
Acting without authority: What you need to know before acting as a trustee.
It is vital that a trustee is authorised by the Master before they exercise or undertake any trustee powers or duties. If this is not adhered to, these unauthorised acts are void and of no legal effect. This can place the trust, its beneficiaries and even the trustees themselves, depending on the circumstances, in a precarious position which could have financial or other adverse consequences.
Attention Entrepreneur : Venture Capitalism
You’re a starry-eyed entrepreneur or business owner with big dreams, intriguing ideas and promising growth prospects. You’ve got the potential, but you need the funding. In that case, it’s time to hook a venture capitalist or two. Before you move into the market and start networking, you need to consider things carefully and ensure that more...
A boon for privacy and a blow for justice: What you need to know about the new Vodacom judgment
In April 2023, the Supreme Court of Appeal (“SCA”) handed down judgment in the case of Giftwrap Trading (Pty) Ltd v Vodacom (Pty) Ltd and Others[1] (“Vodacom”). The case set a consequential precedent for data privacy law but may also have the effect of stifling the ability of potential litigants to obtain information from internet more...
Greylisting or Grey Hairs : new company disclosure requirements deadline 1 October 2023
Analysing the new disclosure requirements in the General Laws Amendment Act, 2022 In response to the greylisting by the Financial Action Task Force, the President has signed into law the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act to improve SA’s ability to combat money laundering and terrorist financing The Amendment Act has more...