Articles
NEWS ITEM
The requirements and responsibilities in respect of the safe keeping, storage and/or disposal of firearms, imposed on an executor or heir, by the Firearms Control Act and its Regulations
In this day and age, it is quite common for firearms to form part of a deceased person’s estate. It is also quite common for individuals to inherit firearms and/or antique firearms, in terms of a deceased’s Last Will and Testament and/or Interstate Succession. The...
Insolvency enquiries relating to the examination of persons in winding-up proceedings in terms of Sections 417 and 418 of the old Companies Act 61 of 1973
Sections 417 and 418 of the Companies Act No. 61 of 1973 (hereinafter referred to as “the Old Act”) deal with the summoning and examination of persons to investigate the affairs of an insolvent company. This is important as it provides protection for company’s...
Cryptocurrency – Where are we in regards to regulations and what to do in the interim
Globally, although enjoying more mainstream publicity, cryptocurrencies or digital currencies are still very much unregulated. In South Africa, the South African Reserve Bank is conducting regulatory experiment; it is no longer a question of whether such currencies,...
Enforcement of claims based on acknowledgments of debt in the Magistrate’s Court v the High Court
A debtor and creditor enter into an Acknowledgement of Debt (AOD) where the debtor acknowledges that he or she owes a particular sum of money to the creditor and undertakes to repay what is owing on terms agreed between the parties. This agreement is used as a...
The official launch of the SchoemanLaw SME Self – Service Desk TM
We are happy to announce the official launch of the SchoemanLaw SME Self – Service DeskTM! Our subscription users can now also enjoy the following value-added services: • Business Doctors’ Business Health Check and • access to Accountability Group and Accountability...
Basic Conditions of Employment Act Amendment Bill 2017
The Basic Conditions of Employment Act No. 75 of 1997, as amended (the BCEA), which gives effect to the right to fair labour practices referred to in Section 23 of the Constitution by establishing and making provision for the regulation of basic conditions of...
Immigration Law: The developments that every migrant should know about
On 28 July 2017, the South African Government gazetted the White Paper on International Migration for South Africa (“the Paper”) for comment. The Paper is aimed at providing a policy framework that will guide the comprehensive review and development of immigration and...
Amended Alternative Dispute Resolution Regulations in the Electronic and Transactions Act
The Minister of Telecommunications and Postal Services has, with effect from earlier this month, on 10 November 2017, officially amended the regulations in respect of Alternative Dispute Resolution (ADR) in the Electronic Communications and Transactions Act No. 25 of...
Writing off debt in dormant companies
Writing off debt, or better phrased, debt waiver is dealt with in Section 19 and paragraph 12A of the Eighth Schedule in the Income Tax Act 58 of 1962 (“ITA”). When debts are waived, written off or reduced, there are tax implications on the part of both Debtor and...
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