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Setting up your dream company
Introduction As an entrepreneur, you have dreamed about setting up your own company. The next step is to identify what will be required to ensure a successful business. The Companies Act 71 of 2008 (“The Act”) will guide you when making this decision....
Your company and small claims – What are your options, really?
Is the small claims court an option for your business? Well, the simple answer is - No. There are two types of legal subjects in South African law: Natural Persons and Juristic Persons. Natural Persons are human beings (or “warm bodies”) and thus seen as legal...
Enforcement of Maintenance Orders
Introduction So, the court has ordered that a parent must pay child support, but the Respondent is still refusing and/or failing to do so. Raising children is expensive, and you desperately need the maintenance money to support your child/ren. What can youdo...
Agricultural Land: The Struggle For Subdivision
The Subdivision of Agricultural Land Act regulates the subdivision of agricultural land in South Africa 70 of 1970 (hereafter "the Act"), which was repealed by the Subdivision of Agricultural Land Repeal Act 64 of 1998 (hereafter "the Repeal Act").The commencement...
Am I a shareholder? How do I know?
There is no pre-qualification in being a shareholder of a company, but certain steps have to be taken to record that you hold the rights and obligations flowing from that. The Companies Act (“the Act”) defines a shareholder to be a holder of an equity share issued by...
Stretching the limits of keeping our Agreements?
IntroductionPacta sunt servanda, Latin for "agreements must be kept", is a brocard and a fundamental principle of law. According to Hans Wehberg, "few rules for the ordering of Society have such a deep moral and religious influence" as this principle.It is the...
Be Wary Of Beginning ‘Side-Hustles’
By Dylan Greenstone The COVID-19 pandemic caused an immense shift in the socioeconomic climate of South Africa, impacting its economy and various industries within it. Employers and employees alike had to evolve their thinking in order to adapt to the new economic...
The General Principles Of The Road Accident Fund
The Road Accident Fund is a public entity set up to compensate persons who were seriously injured in motor vehicle accidents. In terms of section 3 of the Road Accident Fund 1996 (Act No 56 of 1996); "the object of the Road Accident Fund shall be the payment of...
Is an Independent Contractor an Employee?
While it is true that both independent contractors and employees offer their labour to businesses and / or persons, it is important to note the difference between the two as the legal protection afforded to two types of labourers similarly differs. Section 213 of...
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