THE DREADED “F” WORD – READ ABOUT THE LATEST AMENDMENTS TO THE FICA PROCEDURE

THE DREADED “F” WORD – READ ABOUT THE LATEST AMENDMENTS TO THE FICA PROCEDURE

The main purpose for the enactment of FICA and FICAA is to identity any proceeds that originates from crime and other illegal activities, as well as to prevent fraud and the financing of terrorism. Since the bombing of the World Trade Centre on 11 September 1993, a world-wide tendency was created in terms of which more and more pressure was put on financial institutions to ascertain the source of funds utilized by their clients to conclude business transactions. This obligation…

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THE RIGHTS OF A DOMESTIC PARTNERSHIP

THE RIGHTS OF A DOMESTIC PARTNERSHIP

Domestic partnerships, also known as cohabitation relationships, are becoming more common in our modern day society, and it therefore becomes ever more important for parties to understand the different legal implications of being married and merely cohabiting. Parties to a domestic partnership do not enjoy the same legal protection as married couples upon termination of the partnership with regards to maintenance claims, property division or succession. In the South African legal system, there are three forms of fully legally recognised…

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TITLE DEEDS WHEN BUYING OR SELLING PROPERTY

TITLE DEEDS WHEN BUYING OR SELLING PROPERTY

If you’re planning to buy a new property, you’ll need to get the title deed transferred into your name to prove that you’re the owner of the property. You’ll need the assistance of a lawyer specialising in property transfers (also known as a conveyancer) to help you transfer the title deed into your name. You’ll only become the owner of the property when the Registrar of Deeds signs the transfer. After it’s been signed, a copy of the title deed is kept…

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CAN I OBTAIN FINANCING IF I DON’T OWN IMMOVABLE PROPERTY AS SECURITY?

CAN I OBTAIN FINANCING IF I DON’T OWN IMMOVABLE PROPERTY AS SECURITY?

The article gives a brief overview of what a notarial bond is, the requirements that need to be complied with to register a notarial bond and give tips regarding clauses that will prove to be useful in a notarial bond. It also deals with the situation where a debtor disposes of an asset listed in a notarial bond, contrary to the provisions thereof. A very useful way of obtaining financing to start a new business, is to register a notarial…

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CAN TRUSTEES BAN YOUR PET IN A SECTIONAL TITLE SCHEME?

CAN TRUSTEES BAN YOUR PET IN A SECTIONAL TITLE SCHEME?

Problems around the ownership of pets are common amongst owners of sectional title properties, but while laws may be imposed by the trustees of the homeowners’ associations, the requirement for a reasonable approach is entrenched in the very laws which govern how a sectional title scheme should be managed. Where the trustees have reasonably, after following due process and considering all relevant factors, withdrawn their consent to keep a pet, the owner concerned is then not entitled to continue keeping…

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CAN THE POLICE SEARCH A PERSON WITHOUT A WARRANT OF ARREST?

CAN THE POLICE SEARCH A PERSON WITHOUT A WARRANT OF ARREST?

This article focuses on primarily whether the police may search a person without a warrant of arrest. On the face of it, it would appear that the search and seizure of a person and premises are in contravention with the Bill of Rights, more specifically section 14 of the Constitution of the Republic of South Africa. With the enactment of the Constitution, there have been a number of constraints on search and seizure powers by police officials. Section 14(a) of…

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THE IMPACT OF THE CPA ON FRANCHISE AGREEMENTS

THE IMPACT OF THE CPA ON FRANCHISE AGREEMENTS

With franchises becoming a common phenomenon worldwide and franchisors, traditionally, benefitting from a strong bargaining position when negotiating franchise agreements, regulation of the industry has become inevitable and has South Africa’s legislature initiated this regulation through the Consumer Protection Act No.68 of 2008 (“CPA”), which was signed into law on 24 April 2011. The CPA has forcibly changed the way franchises operate, in that franchisees are deemed to be consumers in terms of the CPA and now have a whole…

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MAINTENANCE FOR DIVORCED STAY AT HOME PARENT

MAINTENANCE FOR DIVORCED STAY AT HOME PARENT

Are you recently divorced and a stay at home parent? Know your rights and get what you deserve! In South African law, section 7(2) of the Divorce Act deals with the payment of maintenance in situations where no settlement agreement has been entered into between the parties, and it’s up to the courts to deal with the matter of maintenance. What happens if I get divorced? Rehabilitative maintenance refers to divorce situations where a maintenance order is given for a…

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MHI TURNS 19

MHI TURNS 19

It feels like just the other day that Malherbe Hanekom Inc opened its doors in 1999. The modest beginnings was at the Delphi Arena in Tyger valley. Stefanus’office was also the kitchen and Jurgens’ was also the stationery cupboard. Within a year, we expanded to 297 Durban Road and in 2005 to the bigger 295 Durban Road where we still are today. Due to the astounding growth rate and loyal clientele, we now have a sound structure of 8 attorneys,…

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IS MY PERSONAL INFORMATION SAFE?

IS MY PERSONAL INFORMATION SAFE?

I made use of a company on one occasion and do not actually need their services in future. However, I am worried about the personal information which I provided them in the course of my dealings. I do not want them to share my information with advertisers or sell it to another company. How does the law protect me? The fundamental legislation regulating this issue is the Protection of Personal Information Act 4 of 2003 (“POPI”) which, as the title…

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