electronic contracts

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

26th April 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.

Electronic contracts – what is the legal status of concluding a contract online or via email and is a person’s signature sufficient to satisfy the requirements of an electronic signature?

12th September 2018|Commercial Law, ICT Law|

Concluding a contract online or by email by means of a data message or using an electronic signature can cause uncertainty in terms of whether the contract is legally enforceable.  However, with the introduction of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act), South Africa has recognised the legality of data messages

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