Susan Bisset

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On 24 May 2023, the Minister of Trade, Industry and Competition published the Companies Amendment Regulations, 2023 (Amendment Regulations). The Amendment Regulations were drafted in consultation with the Companies and Intellectual Property Commission (CIPC) to align the Companies Regulations with the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (General Laws Amendment…

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Amendment Act), published in the Government Gazette on 29 December 2022, makes key amendments to the Trust Property Control Act, 1988.

  1. A list of grounds for the disqualification of trustees aligns to some extent with the grounds for the disqualification of directors set
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Since its establishment, the BEE Commission has held strong views which often diverge from industry practice.  The BEE Commission’s views have sometimes resulted in businesses abandoning BEE ownership structures, or other BEE initiatives, altogether.  The guidance issued by the Department of Trade, Industry and Competition in 2021 went some way toward clarifying the contradicting views,…

State procurement has been in a state of flux over the last three years following a number of developments in the enforceability of the legal framework.  State procurement is regulated in terms of the Preferential Procurement Policy Framework Act, 2000 (PPPFA).  Since coming into effect on 20 January 2017, the Preferential Procurement Regulations, 2017…

An external company is not a company as defined in the Companies Act, and it cannot therefore have prescribed officers with the obligations and liabilities imposed by the Act.

Prescribed officers are employees or other persons who, although they are not directors, exercise executive control over a significant part of a company’s business or participate…

Since the declaration of a national state of disaster in response to the COVID-19 pandemic, South Africans have been presented almost daily with announcements, as well as regulations and directions issued in terms of the Disaster Management Act (DMA). Regulations and directions are formal law, but a regulator does not have the legal authority to…

As South African businesses suffer the impact of the COVID-19 pandemic and national lockdown, small businesses can apply for debt relief from most of the major South African banks and several state programmes.

The Department of Small Business has announced multiple interventions to assist small businesses. In addition to tax subsidies and incentives for compliant…