Commercial law - SchoemanLaw Inc

Directors’ Delinquency versus Probation

by Nicolene Schoeman-Louw | Oct 1, 2019 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Publications

Introduction A significant innovation under the Companies Act 71 of 2008 as amended (the “Act”) is that it provides for a court application to declare a director delinquent or to have him/her placed under an order of probation. The Act confers locus standi on a broad...

The Carbon Tax Act

by Nicolene Schoeman-Louw | Sep 16, 2019 | Commercial law, Publications, Tax law

Introduction The Carbon Tax Act 15 of 2019 (the “Act”) was enacted as a result of the increase of greenhouse gas emissions in the atmosphere, which is causing and contributing to global climate change. The Act in its preamble, therefore, aims to contribute to the...

ENAC: Can a party withhold their own performance where the other party has failed to perform?

by Max Rainer | Sep 9, 2019 | Commercial law, Contract Drafting, Publications

Introduction It is a well-established principle in South African Law of contract that a party’s obligations are reciprocal, in the majority of contracts concluded. The question is, can a party refuse to perform their contractual obligations on the basis that the other...

Debt Relief – The Consequences of the National Credit Amendment Act

by Petrus Khumalo | Aug 28, 2019 | Commercial law, News

President Cyril Ramaphosa has signed into law the controversial National Credit Amendment Bill which is aimed at providing relief to over-indebted consumers. The Act has prompted consternation from bodies such as the Banking Association South Africa raising their...

Piercing the Corporate Veil – What is it and when can it happen?

by Guest Author | Aug 26, 2019 | Commercial law, Publications, Registration and Administration of Companies

Introduction In order to explore the practical application of the piercing of the corporate veil, we need to unpack the nature of the surrounding environment – the company, first. A company can be described as a juristic person that enjoys a separate legal...

Is any dispute referable to Arbitration?

by Guest Author | Aug 19, 2019 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Publications

Introduction As attorneys, we often include dispute resolution provisions in the agreements we draft for our clients. In many instances, alternative dispute resolution is a powerful way in which to resolve an array of different disputes. Advantages include: the...

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Directors’ Delinquency versus Probation

The Carbon Tax Act

ENAC: Can a party withhold their own performance where the other party has failed to perform?

Debt Relief – The Consequences of the National Credit Amendment Act

Piercing the Corporate Veil – What is it and when can it happen?

Is any dispute referable to Arbitration?

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