16 May 2018

BUSINESS RESCUE: LAPSING OF BOARD RESOLUTION NOT AUTOMATIC

The effect of business rescue proceedings is that a temporary moratorium is placed on the rights of all persons to claim against the company, during which time the affairs of the company are restructured through the development of a business rescue plan the purpose of which is to allow for the continuation of the business […]

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GOOD NEIGHBOURLINESS: STORM WATER IN A TEACUP

Neighbourly disputes – whether over noisy parties, leaves falling onto the other’s property or even more trivial matters – are generally petty in nature and may be overcome with a good, neighbourly chat. Neighbourly disputes – whether over noisy parties, leaves falling onto the other’s property or even more trivial matters – are generally petty

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CYBERCRIMES AND CYBERSECURITY BILL: ARE YOUR DOWNLOADS LEGAL?

If you are downloading anything from the Internet, you’d do well to check whether or not what you’re doing is legal – you actions may be prejudicial to the content owner. The Cybercrimes and Cybersecurity Bill (“the Bill”) is open for public comment until 30 November 2015 and aims to establish a legislative framework which will

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BUSINESS RESCUE MORATORIUM AND ARBITRATION PROCEEDINGS

Section 133(1)(a) of the Companies Act 71 of 2008 (“the Act”) provides that no legal proceedings may commence or continue against a company during business rescue proceedings except with the written permission of the business rescue practitioner. There is a degree of uncertainty as to whether arbitration proceedings are legal proceedings as envisaged in the

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