clo

Remote Working: Cyber Security Considerations

The legislative framework governing cybercrime and cyber security is still in its infancy. Whilst the Electronic Communications and Transactions Act 2002, regulates certain acts of cybercrime, it does this in a limited fashion and is perhaps out of tune with the typical acts of cybercrime commonly encountered today. The Cybercrime Bill seeks to further expand …

Remote Working: Cyber Security Considerations Read More »

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 from a licensed institution (whether in the form of overdrafts, revolving credit facilities, syndicated loans or other forms) or to approach the capital markets. These loans would c be …

Securitisation as a Preferred Funding Mechanism Read More »

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 have structured the sale such that: The full purchase price, or a portion thereof, will be paid at a later stage either in installments or one bullet payment; and …

Selling Shareholders Beware: How the NCA affects Vendor Financed Transactions Read More »

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 payment, which is referred to as a ‘deferred payment’ or ‘deferred loan’.  A seller may agree to transfer ownership on a deferred payment basis for various reasons, including a …

Deferred Payment Sales: Risks and Mitigation Tips for Sellers Read More »

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 to have passed largely unnoticed by the general public. This, however, marks the first real step taken by government in achieving its stated aim of implementing a proportionate and …

First Steps toward Crypto Asset Regulation in SA Read More »