Tag: Companies Act

The governance ecosystem is touted to give accountability, transparency, fairness and responsibility as the pillars on which corporate governance is built to all stakeholders and sanction or root out perverse conduct in an appropriate and balanced manner. This should keep the equilibrium of all stakeholders’ rights and obligations in check.

Gone are the days of box-ticking. The Financial Sector Conduct Authority (FSCA) has recently imposed administrative sanctions on two financial services providers (FSPs), in each case for failing to comply with certain provisions of the Financial Intelligence Centre Act (FICA). 

The rail sector in South Africa is at a breaking point and urgent action is required. From a freight perspective, Transnet's incapacity to dispatch locomotives is at an all-time high. The National Logistics Crisis Committee estimates that the country's macro logistics system loses circa ZAR1 billion a day.

Mauritius has increasingly become a sought-after destination for African asset managers and international investors. This is primarily due to its diverse range of options and familiarity as a jurisdiction of choice for fund structures and investment vehicles, particularly those which permit the segregation of assets and liabilities, such as protected cell companies (PCCs) and variable capital companies (VCCs).

Should post-commencement financiers have a vote on business rescue plans? A critical look at Wescoal Mining (Pty) Ltd & Another versus Mkhombo NO & Others (2023-079991) [2023] ZAGPJHC 1097 (2 October 2023). On 2 October 2023 Judge Wilson of the Gauteng Division of the High Court of South Africa endeavoured to ascribe a meaning to the undefined term "creditor" in Chapter 6 of the Companies Act 71 of 2008 (the Companies Act).  

Dr Eric Levenstein | Director | Head of Insolvency and Business Rescue | Werksmans Attorneys | mail me | On 2 August 2023, I published an article titled "The...

The draft tax law amendment published in August and targeting foreign employers has inadvertently led to an uproar amongst South African remote workers who fear the law change may disincentivise foreign employers from retaining the services of South African talent.

The Companies and Intellectual Property Commission (CIPC) is pleased to announce that it is planning to establish and implement a beneficial ownership (BO) register to be released upon approval of the regulations, pursuant to the commencement of the General Laws Amendment Act, 2022, that was signed into law by the President of the Republic of South Africa on 29 December 2022.

Rolling blackouts and the recently imposed 18.65% Eskom tariff hikes from April next month are likely to place additional stress on the South African consumer and businesses to the extent that further bankruptcies are inevitable. With the prospect of higher interest rates, low growth and still high inflation, many companies could face corporate failures particularly in the early part of 2023.

The South African Government, via the Department of Finance, has announced the implementation of the new General Laws Amendment Act. President Cyril Ramaphosa signed into law the General Laws (Anti Money Laundering and Combating the Financing of Terrorism) Amendment Act, 2022.