A POPIA Compliance Roadmap for Directors A POPIA compliance roadmap is not a policy document placed in a shared drive for an annual review. It is a management plan for controlling how personal information moves through your business, who can access it, why it is retained and what happens when something goes wrong. For directors, […]
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Can one still do business in a Trust in South Africa? Yes. A trust remains a lawful vehicle through which business can be conducted in South Africa. Trustees may undertake commercial activities where the trust is validly established, they have the necessary written authority from the Master of the High Court, and the trust deed
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Over the years, one thing I have seen repeatedly in my work with businesses, directors and entrepreneurs is that the legal issues which create the greatest difficulty are not always the most complicated ones. Quite often, the real problem is simply knowing what you are expected to do, what questions you should be asking, and
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The Business Judgment Rule Explained A Practical Guide for Directors of South African Companies Part 2 – Understanding the Business Judgment Rule The Business Judgment Rule is one of the most important statutory protections available to directors under South African company law. Yet it is also one of the most misunderstood. Many directors believe that
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A Practical Guide for Directors of South African Companies “A director will have satisfied the obligations of subsection (3)(b) and (c) if…” — Section 76(4), Companies Act 71 of 2008 Key Takeaways What is the Business Judgment Rule? The Business Judgment Rule, contained in section 76(4) of the Companies Act 71 of 2008,
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The Duties and Responsibilities of a Director of a Small Company (or Start-up) in South Africa A Practical Guide for Entrepreneurs, Owner-managers and SME directors By Leon Terblanche, LL.M (International Law) Introduction Starting a business is exciting. Whether you have launched a family business, a technology start-up, a consulting practice or a growing manufacturing company,
The Duties and Responsibilities of a Director of a Non-Profit Company in South Africa A Practical Guide By Leon Terblanche, LL.M (International Law) Introduction Appointment as a director of a Non-Profit Company (NPC) is both an honour and a significant legal responsibility. Whether the organisation is a charitable foundation, a public benefit organisation, an industry
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Living abroad and locked out of SARS? There’s finally a fix Provided by Institute for International Tax and Finance by Michael Kransdorff Topics: Tax Law 16 Oct 2025 South African taxpayers have faced an absurd catch-22: to update the email address or cellphone number on your SARS eFiling profile, you first needed to log in to eFiling. But
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Subject: Helping You Stay Compliant with POPIA & PAIA As you may know, the South African Information Regulator actively monitors the compliance of companies, trusts, and institutions with the POPIA Act and the PAIA Act. Implementation of these regulations is not optional, and the Regulator has the authority to impose significant fines in cases of
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1. General Principles under the Companies Act and CIPC Directives South Africa’s Companies Act 71 of 2008 was amended by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act of 2022, which came into force on 1 April 2023. These amendments mandate companies to establish and submit a Beneficial Ownership (BO) register to
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