Company Secretarial NEWS | ENTITY Compliance & ESTATES.

"Compliance is not a choice. It's a responsibility." (Jack Welch, former CEO, General Electric) In South Africa, business compliance obligations are enforced by several different government bodies, each responsible for a different section of business oversight, and...

"All trusts established in South Africa are required to register with SARS, regardless of whether they have any transactions or income." (SARS) When Mr and Mrs J set up a Type-A special trust for their eldest son, who is intellectually challenged, their intention was...

"Trustees are reminded that compliance is mandatory, and non-compliance can result in fines and penalties." (SARS) SARS has significantly increased its scrutiny of trust administration. What’s more, from the beginning of May 2026, automated administrative penalties...

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 2026 detailing requests for access to records received and...

Post Shared Courtesy of: Cliffe Dekker Hofmeyr Corporate & Commercial, and Corporate Debt, Turnaround & Restructuring Alerts – 27 August 2025 Written by Dane Kruger and Zakiya Shaik © CDH. All Rights Reserved. Board resolutions are fundamental instruments of...

Post Shared Courtesy of: Cliffe Dekker Hofmeyr Corporate & Commercial, and Corporate Debt, Turnaround & Restructuring Alerts - 27 August 2025 Written by Ian Hayes and Keegan Hyslop © CDH. All Rights Reserved. “Owning a company” is a common misnomer in the...

“A director must… act in good faith and for a proper purpose; in the best interests of the company; and with the degree of care, skill and diligence that may reasonably be expected…” (Companies Act of 2008) The first Guideline for 2025 issued by the CIPC (Companies...

Post Shared Courtesy of: Cliffe Dekker Hofmeyr Corporate Debt, Turnaround & Restructuring and Trusts & Estates | ALERT | 11 June 2025 Written by Nastascha Harduth and Emily West © CDH. All Rights Reserved. In the dynamic South African economic landscape,...

Post Shared Courtesy of: Cliffe Dekker Hofmeyr Corporate Debt, Turnaround & Restructuring and Trusts & Estates | ALERT | 11 June 2025 Written by Nastascha Harduth and Emily West © CDH. All Rights Reserved. In the dynamic South African economic landscape,...

We are often asked what the Director’s Duties and Obligations are, and this has now been clarified in Guideline 1 of 2025, which details the consequences of non-compliance of Directors' duties, including the: Duty to Act in Good Faith and for a Proper Purpose:...

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 2025, detailing requests for access to records received and...

How to claim your share of $88-billion in unclaimed benefits "This article was first published by The Daily Maverick". Towards the end of last year, I have to admit I was somewhat tickled when a tracing agent looking for my ex-husband contacted both my mother and me....

ARE YOU AN ACCOUNTABLE INSTITUTION REGISTERED WITH FIC? DEADLINE FOR ACCOUNTABLE INSTITUTIONS TO SUBMIT RMCP MANUAL – 12 MARCH 2025 We draw your attention to the notice issued by the Financial Intelligence Centre (FIC) requesting all Accountable Institutions (AI’s) to...

Article shared courtesy of: Cliffe Dekker Hofmeyr Written by: Yaniv Kleitman and Roxanne Bain   Corporate & Commercial Alert   Talk about "hitting the ground running" in the new year, for corporate law at least. The President has proclaimed that certain...

As previously communicated, a new reporting obligation for Trustees was gazetted on 31 March 2023, which amended the Trust Property Control Act, Act 57 of 1998 (TPCA). The implementation of the amendments came into effect on 1 April 2023 and Trustees are now obligated...

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...

Article shared courtesy of: Webber Wentzel Articles "South Africa's Parliament has passed the Companies Amendment Bills, 2023. The Companies Amendment Bill, 2023 includes provisions to enhance transparency and provide for more disclosure and governance of executive...

CIPC cyber attack leaves millions of entities vulnerable across the nation  Sensitive data of at least three million entities and individuals who were registered with the Companies and Intellectual Property Commission (CIPC) could have fallen into the wrong hands when...

The Financial Intelligence Centre Act (FICA) was introduced to fight financial crime, such as money laundering, tax evasion, and terrorist financing activities by making it more difficult for criminals to benefit from the proceeds of crime. The FIC Amendment Act...