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SOUTH AFRICA

The cost of failing to notify authorities of mergers
The cost of failing to notify authorities of mergers

The Competition Commission has sought to provide some guidance regarding the notification and implementation of mergers by publishing Guidelines for the determination of administrative penalties for failure to notify mergers and implementation of mergers contrary to the Competition Act...

By Burton Phillips 11 Apr 2019

SOUTH AFRICA

Dealing with a personal injury at your business
Dealing with a personal injury at your business

When someone becomes hurt at your place of business, things can turn serious fast...

By Boris Dzhingarov, Issued by Monetary Library 9 Nov 2017

UNITED STATES

Boris Dzhingarov
Keep your business safe during divorce

If you've put your heart and soul into a company, you'll likely want to take certain steps to protect it before you have to undergo a divorce...

By Boris Dzhingarov, Issued by Monetary Library 1 Nov 2017

SOUTH AFRICA

The #datamustfall war - Competition Commission weighs in
The #datamustfall war - Competition Commission weighs in

After a public outcry, which included a social media campaign under the hashtag #datamustfall, South Africa's competition regulators, ICASA and now the Competition Commission have announced investigations aimed at bringing the costs of data down...

By Burton Phillips 29 Sep 2017

SOUTH AFRICA

Four ways to protect your business from legal problems
Four ways to protect your business from legal problems

When starting a new business, or running an already established one, it's critical to ensure that the business doesn't create unnecessary legal problems for itself...

By Boris Dzhingarov, Issued by Monetary Library 2 Aug 2017

SOUTH AFRICA

Recent Constitutional Court decision on arbitration raises questions
Recent Constitutional Court decision on arbitration raises questions

The Constitutional Court recently handed down a judgment that may ultimately prove to be a significant departure from South Africa's established legal practice, at least insofar as contractual relations in the petroleum retail industry are concerned...

By Jonathan Ripley-Evans 18 Apr 2017

SOUTH AFRICA

Boris Dzhingarov
How to protect business assets from a divorce

Over 50% of marriages will end in divorce. Statistics even go up to 60% when referring to following marriages. Divorces are really difficult to deal with but if you have a business, everything becomes even more complicated...

By Boris Dzhingarov, Issued by Monetary Library 11 Apr 2017

SOUTH AFRICA

Boris Dzhingarov
How to trademark your business secrets (and why you should)

As a prospective entrepreneur, should you spend the time and effort to trademark your brand? Or do you hope that nobody mimics your company and potentially confuses your consumers?...

By Boris Dzhingarov, Issued by Monetary Library 10 Apr 2017

SOUTH AFRICA

What are the CPA's best practice guidelines applicable to the motor industry?
What are the CPA's best practice guidelines applicable to the motor industry?

Last year, the NCC published for comment the draft best practice guidelines intended to provide procedural clarity in regard to alternative dispute resolution mechanisms for handling complaints involving the automotive industry...

By Justine Krige 23 Jan 2017

SOUTH AFRICA

Business transfers: when is enough not enough?
Business transfers: when is enough not enough?

The Constitutional Court in a majority judgment rejected, in no uncertain terms, three important arguments advanced in support of an application for leave to appeal the Labour Appeal Court's decision in Maluti-A-Phofung Local Municipality v Rural Maintenance...

By Faan Coetzee 29 Nov 2016

SOUTH AFRICA

Important considerations for EU trade mark owners, post-Brexit
Important considerations for EU trade mark owners, post-Brexit

Presently, the European Union Trade Mark includes the UK; however, post-Brexit will see many changes, which may include the UK no longer being covered by it...

By Donvay Wegierski 14 Jul 2016

SOUTH AFRICA

Paying attention to mediation clauses in shipping contracts
Paying attention to mediation clauses in shipping contracts

Parties to a shipping agreement, such as a contract of carriage or charter, should pay very careful attention to the wording of the mediation clause included in the shipping contract, if they agree that they wish to refer any future or existing disputes to mediation...

By Lana Jacobs 27 Jun 2016

SOUTH AFRICA

New generic codes in BBBEE clash with sector codes
New generic codes in BBBEE clash with sector codes

Several amendments to the Broad Based Black Economic Empowerment (BBBEE) Act and new "generic" Codes of Good Practice have been announced...

By Pieter Steyn 30 Oct 2015

SOUTH AFRICA

Jonathan Witts-Hewinson
Decision over claim against auditors

Claims against audit firms have become all the more prevalent and it was one such claim that recently enjoyed the scrutiny of the Supreme Court of Appeal...

By Jonathan Witts-Hewinson 31 Aug 2015

SOUTH AFRICA

Putting up security for costs
Putting up security for costs

In Boost Sports South Africa (Pty) Ltd vs The South African Breweries Limited, the Supreme Court of Appeal (SCA) required the plaintiff to put up security for costs...

By Tim Fletcher 18 Aug 2015

SOUTH AFRICA

Heinrich Louw
Securities transfer tax exemption where parties opt out of roll-over relief

The South African Revenue Service (SARS) released Binding Private Ruling No 195 (Ruling) on 26 June 2015. The Ruling deals with the application of the exemption provision contained in s8(1)(a) of the Securities Transfer Tax Act, No 25 of 2007 (STT Act)...

By Heinrich Louw 23 Jul 2015

SOUTH AFRICA

Unpacking tax changes to income protection policies rules
Unpacking tax changes to income protection policies rules

As of the latest tax year (starting 1 March 2015), companies are still struggling to come to grips with the consequences of the changes to the rules in respect of premiums paid to income protection policies...

By Rob Cooper 17 Jul 2015

SOUTH AFRICA

Final guidelines for determination of administrative penalties published
Final guidelines for determination of administrative penalties published

The Competition Commission has published the final Guidelines for Determination of Administrative Penalties for Prohibited Practices...

By Leana Engelbrecht 8 Jun 2015

SOUTH AFRICA

Provisions in Act can defer payment of CGT
Provisions in Act can defer payment of CGT

If a person disposes of an asset during the current tax year, but only becomes entitled to payment in future tax years, the Income Tax Act, 1962 provides that the amount is deemed to have accrued to that person during the current tax year...

By Graeme Palmer 25 May 2015

SOUTH AFRICA

Consumer Protection Act protects car buyers
Consumer Protection Act protects car buyers

Many consumers are quick to threaten action by the CPA if they feel they've been duped, but the law isn't always on their side...

By Jeff Osborne 4 May 2015

SOUTH AFRICA

Application to amend statement of grounds of assessment denied
Application to amend statement of grounds of assessment denied

Judgment was delivered by the Tax Court in the matter between ABC (Pty) Ltd v Commissioner for the South African Revenue Service (SARS) on 8 December 2014. The matter concerned, among other things, an application by SARS to amend its statement of grounds of assessment...

By Heinrich Louw 29 Apr 2015

SOUTH AFRICA

Code of Conduct a further step in empowering consumers
Code of Conduct a further step in empowering consumers

It used to be that if one wished to complain about particular goods purchased or services received, one would need to wait in a queue in some dark corner of a store and argue one's case before a disinterested clerk...

By Neil Kirby 22 Apr 2015

SOUTH AFRICA

CPA empowers consumers to block direct marketing communications
CPA empowers consumers to block direct marketing communications

Direct marketing is often favoured as a popular means of product marketing. It is, however, often also a source of irritation for many consumers...

By Justine Krige 10 Apr 2015

SOUTH AFRICA

Judgment determines state liability, wrongfulness and the duty of care
Judgment determines state liability, wrongfulness and the duty of care

In an environment where much is made of accountability and transparency, a recent judgment has clarified the approach of the court in actions against the state based on improper commercial dealings...

By Rishal Bipraj 13 Mar 2015

SOUTH AFRICA

SCA clarifies relationship between VAT vendor and SARS
SCA clarifies relationship between VAT vendor and SARS

The basic principle of VAT is that a vendor must account to the South African Revenue Service (SARS) for output tax on taxable supplies made after deducting any input tax incurred by him...

By Graeme Palmer 9 Mar 2015

SOUTH AFRICA

SARS releases ruling on sale of shares
SARS releases ruling on sale of shares

The South African Revenue Service (SARS) released Binding Private Ruling No 189 on 19 February 2015, which dealt with the sale of shares subject to suspensive conditions...

By Heinrich Louw 5 Mar 2015

SOUTH AFRICA

Caution required as infrastructure sharing deals
Caution required as infrastructure sharing deals

In the current economy, proven benefits and technological advances are underpinning the rise of shared infrastructure models across business sectors...

By Harriet Beamish 4 Mar 2015

SOUTH AFRICA

Copyright does not protect functionality of apps
Copyright does not protect functionality of apps

The boom in the development of smart device technologies and mobile apps during the last few years has created an amazing platform for entrepreneurs...

By Danie Pienaar 12 Feb 2015

SOUTH AFRICA

Tribunal gives reasons for dismissing Lekoa complaint
Tribunal gives reasons for dismissing Lekoa complaint

On 20 November 2014 the Competition Tribunal published reasons for its decision to dismiss a complaint referred directly to it on the basis that the complainant failed to demonstrate a competition law case...

By Nazeera Mia 9 Feb 2015

SOUTH AFRICA

Competition Tribunal approves Ellerine transactions
Competition Tribunal approves Ellerine transactions

On 12 November 2014 and 12 December 2014, the Competition Tribunal approved two transactions relating to the attempts to raise capital for the struggling Ellerine group as part of the current business rescue process it is engaged in...

By Leana Engelbrecht 9 Feb 2015

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