Electronic signature of sale of immovable property agreements – what’s new?

By |2022-06-14T07:36:09+01:00June 14th, 2022|Commercial Law, Consumer Law, ICT Law|

Of course each case has to be tried on its own facts and merits based on the particular circumstances, but until there is absolute certainty on the matter in the form of an amendment to the relevant legislation to specifically cater for signatures of land sale agreements in this manner, or a Supreme Court of Appeal ruling confirming this stance, we strongly advise against signing any agreement for the alienation of land other than by way of the traditional wet ink on paper.

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A step-by-step guide to having your documents commissioned

By |2022-01-26T15:08:03+00:00January 19th, 2022|Articles, Commercial Law, Litigation, Matrimonial|

Having documents commissioned should be a relatively simple task. In practice, however, minor mistakes, like a missed initial, can undermine the integrity of the entire process. Unfortunately, this is often only cured by returning to the commissioner of oaths and repeating the exercise. To avoid this and prevent getting caught out, we explain the basics of commissioning and some tips on preventing misfires.

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Pre-Emptive Rights and Sale of Shares Provisions for Shareholders

By |2021-03-01T11:29:34+00:00March 1st, 2021|Commercial Law|

The precise mechanism, governing to whom and in what proportions shares in a private company should be sold when a shareholder is no longer going to hold shares, is important for all shareholders to be satisfied with.  This could occur for any number of reasons, such as simply wishing no longer to be involved in the company, to death of a shareholder.

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COVID-19 and Business Rescue: Where to start?

By |2020-10-05T06:47:25+01:00October 4th, 2020|Commercial Law, Litigation|

The purpose of BR in terms of the Act is thus to give ailing companies a chance to return to trading on a solvent basis or alternatively, to maximise the returns of the creditors and stakeholders of the company. This happens by restructuring the entity, under the control of a Business Rescue Practitioner (“BRP”) and subject to the approval and participation of its creditors.

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Virtual Commissioning of Documents

By |2021-04-06T11:10:44+01:00September 30th, 2020|Commercial Law, ICT Law|

When we have any documentation commissioned, we essentially swear, by providing proper identification, before someone who has the authority to administer an oath (such as a police official, an attorney, a charted accountant, etc.), that we understand the content of the documentation and find it binding on our conscience. The commissioner confirms this by placing his/her signature and stamp. Usually this is a process done face to face but with these unprecedented times of living in lockdown and trying to reduce the spread of infection, it may be wise to consider alternative means of commissioning.

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