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May 17, 2021
Caveat Legal

Market conduct licence categories under COFI

The implementation of the “twin peaks model” includes the enactment of the Conduct of Financial Institutions (“COFI”) Bill. COFI will be an umbrella piece of legislation […]
April 3, 2021
Caveat Legal

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 […]
March 9, 2021
Caveat Legal

Loan Agreements: The Dark Side (Part III of III)

Loan Agreements: The Dark Side (Part III of III) In Part I of this series we took a look at the contracting parties to a loan […]
December 3, 2020
Caveat Legal

Crypto Assets Defined as Financial Products

Summary: Crypto assets have been declared financial products in a draft declaration issued by the FCSA The draft is open to comment from the public until […]
October 28, 2020
Caveat Legal

Loan Agreements: The Nitty-Gritty (Part II of III)

Introduction In Part I of this series we took a look at the contracting parties to a loan agreement and the commercial details of a loan. […]
July 31, 2020
Caveat Legal

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 […]
March 6, 2020
Caveat Legal

Coronavirus Impact on Business Agreements

As the business world feels the effects of the coronavirus (Covid-19) pandemic and takes steps to adapt, travel companies are notifying partners that their force majeure […]
March 4, 2020
Caveat Legal

Loan Agreements: The Basics (Part I of III)

Lending in general South African businesses, whether state-owned, listed or just starting up, are struggling. Retrenchments are the order of the day and a poor credit […]
April 3, 2019
Caveat Legal

Financial Assistance to Subsidiaries: Restrictions Loosened in Proposed Amendment to Companies Act

On 21 September 2018, the Minister of Trade and Industry (“Minister”) published the Companies Amendment Bill 2018 (“Bill”)for public comment. The Bill includes a number of […]
March 1, 2019
Caveat Legal

Minister Mboweni Doesn’t Sugar the Pill

Low growth; tax revenue down; no relief from bracket creep; a bloated public service wage bill; billions in unpaid VAT refunds set to depress tax revenue […]
August 14, 2018
Caveat Legal

Tick Tock for Demand Loans

Loans in terms of which the obligation for repayment of the outstanding amount only arises on receipt of a demand for repayment from the lender (“Demand […]
February 7, 2018
Caveat Legal

Cryptocurrency as an Investment: Classification Hurdles

Last year, Bitcoin and other cryptocurrencies sparked a modern gold rush spurred on by stories of individual investors making millions in a short period from their […]
August 15, 2016
Caveat Legal

POPI Compliance: Can Personal Information be Stored on a Blockchain?

In the wake of the Panama Papers and with growing instances of data breaches and identity theft, software developers need to show that they are taking […]
June 18, 2016
Caveat Legal

The Blockchain – Part 1

For 18% of the readers of this article, it will turn out to be the most important thing you read this year… While the claim in […]
May 31, 2016
Caveat Legal

Navigating a Career within the Changing Legal Landscape

The legal industry has stayed essentially the same for a few hundred years and young people entering the profession have, historically, had a fairly good sense […]
April 25, 2016
Caveat Legal

To Blockchain or not to Blockchain

For most people blockchain technology is synonymous with bitcoin and often the mere mention of either results in a glazed expression and derision. After all, who […]
March 7, 2016
Caveat Legal

The Financial Sector Bill Peaks and the search for the Perfect Regulatory System

“The bank is something more than men, I tell you. It’s the monster. Men made it, but they can’t control it.” – John Steinbeck, The Grapes of […]
October 2, 2015
Caveat Legal

The power of Notarial Bonds

Whether you are a start-up with a hunger to make it big, an existing business thinking of expansion or a person struggling with cash flow – […]
September 8, 2015
Caveat Legal

Demystifying the ‘SAFE’

What is SAFE? The SAFE – Simple Agreement for Future Equity – has emerged in the South African investment environment as a buzz word. Introduced in […]
May 28, 2015
Caveat Legal

Anchor Tenant Market Inquiry Planned by Competition Commission

Economic Development Minister, Ebrahim Patel recently announced that the Competition Commission would commence a market inquiry into aspects of the South African retail sector. Particularly, it […]

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