Company & Trust Compliance Blog

PAIA submissions

PAIA submissions

We refer to the recent notice from the Information Regulator in accordance with section 83(4) of PAIA. The Regulator has requested the submission of the Annual Report from all Private Bodies by 30 June 2024 detailing requests for access to records received and...

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PAIA – Deadline for website compliance by 26 October 2023

PAIA – Deadline for website compliance by 26 October 2023

You may have already received a Compliance Notice in terms of Section 83(3)(d) of the Promotion of Access to Information Act 2 of 2000 (PAIA). Whilst this notice is aimed at entities who have not updated their PAIA Manuals in line with the Act, there is now another...

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CIPC Beneficial Ownership and what is required

CIPC Beneficial Ownership and what is required

The Companies and Intellectual Property Commission (CIPC) is to keep a register of beneficial ownership (BO) for companies and close corporations that will serve as a repository of natural persons who own or exercise control over legal entities registered with the...

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Why POPIA is actually valuable

Why POPIA is actually valuable

Smart farming: IoT and your farming equipment  Combined Agriculture, Aquaculture & Fishing, and Technology, Media & Telecommunications Alert - 30 November 2022 "The Internet of Things (IoT) is a term used to describe the connecting of physical objects to each...

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Leave your dependants a lasting gift

Leave your dependants a lasting gift

AS IT IS WILLS MONTH MAKE SURE THAT YOUR FINAL WISHES COME TRUE As Professional Executors and Estate Planners, it is frustrating to see a family torn apart by conflict or financially devastated due to a badly drafted or outdated Will and Estate Plan. Even worse is...

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POPIA facts

POPIA facts

As we are all aware, the substantive provisions of the Protection of Personal Information Act 4 of 2013 (POPIA) which place obligations on responsible parties became enforceable on 1 July 2021. The 4 fact sheets summarise certain important principles that assist in...

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IoDSA Governance Guidance – King IV vs ISO 37000

IoDSA Governance Guidance – King IV vs ISO 37000

As both standards are voluntary, it remains the choice of the organisation to determine which standard it wishes to apply. Regulatory requirements, disclosure requirements to allow stakeholders to view comparative information, and available guidance on the application...

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Master’s Office not operational

Master’s Office not operational

  The Department of Justice and Constitutional Development (DOJ&CD) had a security breach on the evening of 6 September 2021. This incident resulted in all information systems being unavailable to both internal employees as well as members of the public. The...

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Do you have a valid will?

Do you have a valid will?

A last Will and Testament is one of the most important documents you will ever sign, it ensures that your final wishes and loved ones are taken care of. Find out more here:  bit.ly/3yM8lvK     Download our “Important Information for my Loved Ones” file here,...

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Trustees Duties

Trustees Duties

Trusts & Estates Alert Article shared courtesy of: Cliffe Dekker Hofmeyr Click on the image below:

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MD’s new electronic signature process

MD’s new electronic signature process

MD's email sent out for this post | https://bit.ly/3gJoWsR   In line with the new POPIA and IRBA requirements and in our move towards a more paperless and efficient environment, we are now making use of Adobe Sign where documents are signed electronically. You...

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POPIA Notice

POPIA Notice

Kindly find a link to our POPIA Notice regarding our policies relating to the collection, processing and storing of your Personal Information. Please contact us should you have any queries in this regard. If you do not contact us, we shall assume that you have read,...

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POPIA: Unpacking the role of an information officer

POPIA: Unpacking the role of an information officer

Post shared courtesy of: cliffedekkerhofmeyr.com CDH marketing communications   POPIA: Unpacking the role of an information officer Written by Preeta Bhagattjee and Reece Westcott With the relevant sections of the regulations issued under the Protection of...

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POPIA – ARE YOU READY?

MD's email sent out for this post | https://bit.ly/39Tf5hF   The POPIA (The Protection of Personal Information Act) compliance deadline is 30 June 2021. If you have not yet attended to the development of a POPIA implementation and compliance framework to ensure...

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Justice on 100 day countdown to be POPIA compliant

Justice on 100 day countdown to be POPIA compliant

24 Mar 2021 Today marks 100 days to the deadline for public and private bodies to ensure that their processing of personal information conforms to the Protection of Personal Information Act (POPIA). In preparation for the full implementation and enforcement of POPIA...

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Important Information: PAIA Manual

Important Information: PAIA Manual

MD's email sent out for this post | https://bit.ly/350iNmg   Promotion of Access to Information Act (PAIA) Manuals MUST be submitted by 31 December 2020! The Promotion of Access to Information Act (PAIA) requires that all public and private bodies compile a...

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Important Information for my Loved Ones

Important Information for my Loved Ones

MD's email sent out for this post | https://bit.ly/3ht9wrn Protect your loved ones with a professionally prepared Will When last did you update your Will?   A Last Will and Testament is the subject of much procrastination which often gets signed, placed somewhere for...

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When last did you update your Will?

When last did you update your Will?

A Last Will and Testament is the subject of much procrastination which often gets signed, placed somewhere for safekeeping and then forgotten about.  Please don’t make this mistake. In a recent webinar, I attended for business owners, 28% had no will at all, a further...

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Director delinquency ruling

Director delinquency ruling

"IoDSA welcomes delinquency ruling and calls for directors to commit to education Recent High Court of South Africa judgement has seen former SAA Chair, Dudu Myeni, being declared a delinquent director in terms of the Companies Act. Judge Ronel Tolmay found that Ms...

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CIPC – Lockdown

CIPC – Lockdown

Click here for an important notice for all CIPC customers, regarding the downtime due to the national lockdown: notice_16

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Section 45 Companies Act – Financial Assistance

Section 45 Companies Act – Financial Assistance

Section 45 is not a new section of the Companies Act. However, CIPC now requires you to note your compliance with this section as part of the new CIPC Compliance Checklist. It is a punitive section and can result in personal liability for the directors of a company or...

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Updated SAICA Retention of Records Guide

Updated SAICA Retention of Records Guide

The updated SAICA retention of records guide has been released: Retention of records guide updated Guide on Retention of Records (Updated April 2019) Click on the page below to view the document: This guide has been issued by The South African Institute of Chartered...

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CIPC’s new system becomes mandatory

CIPC’s new system becomes mandatory

Submission of Annual Financial Statements to the Companies and Intellectual Property Commission (CIPC) using inLine eXtensible Business Reporting Language (iXBRL) as a standard, will be mandatory as from Sunday, 01 July 2018.

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Companies Act to be amended

This was announced by the Acting Deputy Director General for Consumer and Corporate Regulations at the dti, Mr MacDonald Netshitenzhe who said that this was result of the company law reform aimed at instilling corporate accountability, transparency and reduction of...

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2B or not 2B: Will your ex-spouse inherit from your estate?

Sometimes it takes a sensational story in a newspaper, as opposed to oft-repeated legal advice, to drive home the importance of regularly updating your Will. Such an article appeared in the Sunday Times on 29 January 2017, entitled Gone to the Dogs. Conveying some...

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The King IV Corporate Governance Code may apply to you

The King reports over the last two decades have become locally and globally synonymous with good governance. To date the King Codes have had limited impact on Small and Medium Enterprises (SMEs). It is important to note that the King Codes are voluntary.  In terms of...

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What is an Independent Review?

A company is allocated points according to the number of its employees, its annual turnover, its stakeholders and the level of third party liabilities at the end of the financial year. The Public Interest Score (PIS) is calculated as follows: 1 point for each employee...

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The Companies Act Solvency and Liquidity Test

A company would satisfy the solvency and liquidity test if, considering all reasonably foreseeable financial circumstances of the company at that time: the fair value of the assets of the company equal or exceed the fair value of its liabilities; and it appears that...

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Companies Act and Annual Financial Statement requirements

CIPC Annual Financial Statements  All companies must prepare annual financial statements (“AFS”). Public and State Owned companies (SOC) must have audited AFS while a Private, Personal liability and Non-Profit company is not required to have its AFS audited unless: in...

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Do I need to register for Workmen’s Compensation?

All employers who employ one or more workers in connection with their business or farming activities are required to register with the Compensation Fund. WHO IS AN EMPLOYER? All persons who employ one or more employees, in connection with their business or farming...

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Why Should I Keep My Share Register?

I’ve recently had several people tell me that they struggle to get their clients to bother keeping their company secretarial records.  So what can you say to get your clients to change their mind?  How about telling them they could face a fine of up to a million rand,...

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