Commercial Law

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.

Virtual Commissioning of Documents

By |2020-12-10T08:03:56+00:00September 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.

You have cleaned out the storeroom during lock down but have you looked at getting your company’s documents in order?

By |2020-04-26T13:25:13+01:00April 26th, 2020|Commercial Law|

The financial and operational stress placed on many businesses as a result of the COVID-19 lockdown may inevitably result in restructure of ownership, whether voluntary or by agreement.  If your business is a company or close corporation (also referred to as a "CC" of which there are still a number in existence, even though new CCs cannot be registered) you may be re-considering how your business needs to change in order to be sustainable in the future, or you may be looking at your business with renewed focus which may necessitate a change in ownership whether by the exit of shareholders (or members in the case of a CC) or the introduction of new ones.

Labour Law Update – The Temporary Employer Relief Scheme:

By |2020-03-29T15:10:01+01:00March 29th, 2020|Commercial Law, Labour Law, Litigation|

On Thursday, 26 March 2020, the Minister for Employment and Labour, Thembelani Nxesi, issued a Directive entitled ‘Covid- l9 Temporary Employee/Employer Relief Scheme, 2020’ to the general public (the “Directive”). The underlying rationale for the issuing of the Directive is founded on the immense impact the President’s declaration of a national lockdown, and the Regulations imposed in terms of section 27(3) of the Disaster Management Act, have had on the continued trading and commercial viability of especially small to medium enterprises and those entities whose businesses operations are considered to be ‘non-essential’.

Working from Home – Some Legal Concerns

By |2020-03-20T15:48:26+00:00March 20th, 2020|Commercial Law, ICT Law, Labour Law|

During the current COVID-19 crisis, many employers will have chosen to allow their employees to work from home. While most employers already have a communications policy that regulates how employees use communications infrastructure in the workplace, it is important to bear a few points in mind when many or most employees are working remotely.

Go to Top