Commercial Law

August 9, 2021

The Cybercrimes Act, 2020: Be aware of the personal data you hold

The incidence and variety of cybercrimes are proliferating year on year and will continue to do so faster than any legislature is able to promulgate laws […]
June 29, 2021

Property Practitioners Act: How it Aims to Safeguard the Sector

To date, the Estate Agency Affairs Act, No. 112 of 1976 (the “Estate Agency Affairs Act”) has regulated persons who qualified as estate agents. However, the […]
May 20, 2021

Automotive Aftermarket: Overhaul expected from 1 July 2021

Towards the end of last year, Guidelines for Competition in the South African Automotive Aftermarket (“Guidelines”) were issued by the Competition Commission (“Commission”) and are due […]
April 3, 2021

Securitisation as a Preferred Funding Mechanism

When a business decides to raise funds, it has a number of options available. The most common options would be in the form of a loan […]
February 3, 2021

POPI: 10 Compliance Tips for Companies

POPI: 10 Compliance Tips for Companies The one-year grace period for ensuring compliance with the Protection of Personal Information Act 4 of 2013 (POPI) comes to […]
November 24, 2020

Social and Ethics Committees: The Basics

What is it? The Social and Ethics Committee of a company (“SE Committee”) is one that is concerned with a company’s responsibility in areas dealing with […]
September 21, 2020

Selling Shareholders Beware: How the NCA affects Vendor Financed Transactions

The National Credit Act 34 of 2005 (“NCA”) requires that, if you are selling your shares or assets in a company to a purchaser, and you […]
July 31, 2020

Deferred Payment Sales: Risks and Mitigation Tips for Sellers

A sale of business or shares usually follows a predictable pattern. In many cases, the seller agrees to transfer business assets or shares before receiving final […]
June 30, 2020

First Steps toward Crypto Asset Regulation in SA

The release in the past few weeks by National Treasury of proposed amendments to the schedules to the Financial Intelligence Centre Act, 2001 (FIC Act), seems […]
May 18, 2020

Shareholders’ Agreements: How to Ensure a Smooth Exit

At the start of their relationship, shareholders are usually aligned on their vision for the company and are excited to see what the future holds for […]
March 31, 2020

The Term Sheet: Notes for its Navigation

Navigating a term sheet for the first time can be a daunting process. In this article, Caveat private equity specialist Panel Member, Sarah Lawrence, answers some […]
March 27, 2020

Lawyers Must Step Up to Assist the Business Community during Lockdown

Click here to read article by Yvonne Wakefield published in the Daily Maverick.
March 23, 2020

Board of Directors vs Executive Committee: Who rules Who?

It is important to understand which body ultimately governs a private company, so that the correct procedures are followed by the respective bodies,in order to ensure […]
August 19, 2019

Service Agreements: Common Considerations

Millions of agreements are concluded every hour, globally. Often, the provisions of some agreements are overlooked or glanced over in pursuit of getting the deal done. […]
May 16, 2019

Changing Market Demands: How can Law Firms Adapt?

Most of us signed up to a career in law with the understanding that we were entering a very lucrative profession. For many of us, that […]
November 1, 2018

Due Diligence Investigations: Getting your business DD-Ready

As an entrepreneur, reaching the stage of seeking investment can be very exciting. You dream of all the ways in which your business can grow bigger […]
August 7, 2018

Choose the right Dispute Resolution Clause for your Contract

By the time the ‘big ticket’ items in a contract have been decided, it is tempting to ignore the rest and hope for the best. As […]
March 23, 2018

Tricky Commercial Terms: Pointers for Negotiating them

Whatever the type of commercial contract parties wish to execute, it will in all likelyhood contain certain key terms which can significantly shift where the risk […]
March 20, 2018

Dispute Resolution Clauses: Worth Careful Consideration

Too often dispute resolution clauses are treated as part of the boiler plate provisions and copy-pasted into agreements as an afterthought, or even left out altogether. […]
August 18, 2017

Negotiation 101: Knowing when to Walk Away

One of the fundamental questions you have to answer before sitting down at the negotiation table is when to walk away from the negotiation. The strength […]

Pin It on Pinterest