May 2020

The Financial Intelligence Centre (FIC) published a notice in March 2020 indicating that there will be no relaxation of obligations under the Financial Intelligence Centre Act 2001 (FICA) during the nationwide lockdown. A robust money-laundering policy ought to form an integral part of any company’s compliance program. Business’s compliance functions must operate effectively, even if

In a further initiative to combat the economic fallout of the COVID-19 pandemic, the state, in collaboration with the banking sector and the South African Reserve Bank (SARB) has announced a R100 billion loan scheme to assist ailing small and medium-sized businesses (SMMEs).

On 12 May 2020 National Treasury, the SARB and the Banking Association

In his address on 21 April 2020, President Cyril Ramaphosa announced that government will be approaching international finance institutions such as the International Monetary Fund, the World Bank, the BRICS New Development Bank and the African Development Bank to help fund the R500 billion COVID-19 economic relief package that will be provided by government.

International

South Africa has supported the G20’s efforts to reduce the risk posed by over-the-counter (OTC) derivatives, and has put in place a regulatory framework for the licensing of OTC providers that originate, issue, sell or make a market in OTC derivatives. The Financial Markets Act 2002 prescribes criteria for the authorisation of OTC derivative providers.

The number of liquidations and sequestrations will, unfortunately, increase due to the COVID-19 pandemic. Preference shareholders with unsecured loans and third party unsecured creditors must be aware of the ranking of unsecured creditors’ claims in the liquidation process. This note specifically focuses on the unsecured loan given by a preference shareholder and not the ranking

It is the unfairness of a dismissal that is referred to conciliation, and not the reason for the dismissal. In resolving unfair dismissal disputes, the courts will look at substance over form.

The court in Association of Mineworkers and Construction Union v Ngululu Bulk Carriers (Pty) Limited (in liquidation) and Others found that where AMCU

Charity contributions, sponsorships and donations often form an integral part of a company’s social responsibility initiatives. The generosity of companies making donations not only support the company in reaching its internal social responsibility targets, but also spark corporate morale and boosts a company’s public image.

One of the positive sides of society’s reaction to the

A director of a company who has a personal financial interest, or knows that a related person has a personal financial interest, in a matter to be considered at a board meeting must disclose that interest and any other material information relating to the matter before it is discussed at the board meeting (section 75