The fourth edition of the RFP under the Renewable Energy Independent Power Producer (REIPP) procurement programme exempts returning compliant bidders from certain of the more onerous and time consuming qualification criteria of the RFP. In order to qualify for the exemption, a developer must re-submit a project, using the same project site, project layout and
May 2014
Foreign e-commerce suppliers must register as VAT vendors by 1 June 2014
The e-commerce VAT regulations have shifted the onus of collecting and paying VAT from the South African purchaser to the foreign supplier. The “new” e-commerce VAT regulations are in fact not a new form of VAT. VAT was always due to the South Africa Revenue Service (SARS) on purchase of e-commerce goods or services from…
The scheme of the National Credit Act
Certainty in regard to the cost of the proposed credit is imperative.
Common to all forms of a credit agreement for the purposes of the National Credit Act is the requirement of payment of a charge, fee or interest in return for granting credit. This covers any consideration or payment made by a consumer to…
Solvent and insolvent winding up of companies – what is “solvent”?
Certain sections of the 1973 Companies Act still apply to the winding up and liquidation of companies by virtue of the transitional arrangements in schedule 5 to the 2008 Companies Act. The main distinction on whether or not the 1973 Act or the 2008 Act applies centres around whether or not the company is solvent.…
Loan repayable by cheque with profit share is not NCA credit agreement
The borrower of money gave a lender a set of cheques to use to repay loans made to purchase and resell medical equipment and a sectional title unit. A number of cheques were handed over at the beginning of the transaction. The amounts and dates on the cheques would be inserted by the lender when…
ISDA email notice ineffective
The English High Court has held that a bank had not validly exercised its contractual right to extend the term of a 5 year interest rate collar transaction, because its email notice was not due notice to the company.
The collar was documented on the terms of a 1992 ISDA Master Agreement (Multi Currency –…
Contractual liability exclusions in insurance policies
Insurers cannot use the contractual liability exclusion in a construction policy to deny coverage for defective work unless the builder assumes special liabilities in the contract that they would not otherwise have had.
This was held in a long-awaited decision in Texas USA (Ewing Construction Co v American Insurance Co). The outcome should…