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Resolutions and Authority in terms of the 2008 Companies Act

The 2008 Companies Act has given more power to the directors of a company, but also more responsibility. It is important that people dealing with companies know who the directors are and what authority they have to bind the company. Shareholders also need to know their rights. For more details, have a look at Newsletter .. read more

Affordability Assessments in terms of the National Credit Act

The National Credit Act requires a credit provider to conduct an affordability assessment before entering into a credit agreement with a consumer. Failure to conduct this assessment properly (or at all) will make the credit provider guilty of reckless credit and expose the credit provider to harsh consequences. Do you know how to conduct a .. read more

When does a Power of Attorney Lapse?

ASSISTED DECISION MAKING An adult with full contractual capacity is entitled to make decisions about his/her personal welfare, financial affairs and medical treatment. An adult who does not have full contractual capacity (whether through mental illness, intellectual disability, physical disability, head injury, an extended period of unconsciousness, stroke or extreme old age) requires assistance to .. read more

Sellers Beware!

Is a seller at risk for liability for commission to two agents? The Supreme Court of Appeal (“SCA”) case of Wakefields Real Estate v Attree (666/10) [2011] ZASCA 160 raises concerns regarding a seller’s liability for estate agents commission to more than one estate agent. In this case, a purchaser was introduced to a property .. read more