Company & Trust Compliance Blog

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...

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...

"One of the many purposes of the Companies Act, 71 of 2008 (hereinafter referred to as “the Act”) is to provide for a predictable and effective environment for the efficient regulation of companies and other juristic persons, as described in section 7 of the Act. In...

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...

The Information Regulator published a notice on 7 May 2023, inviting all private bodies to submit a report by Friday, 30 June 2023, detailing requests for access to the records of these private bodies. This applies to: Natural persons who are/have previously carried...

Many trust deeds provide for ‘majority rule’ that if a decision is made by the majority of trustees and a resolution authorising the same is signed by the majority of trustees, the decision and accompanying resolution are valid. In May 2023 this was changed when the...

As you may be aware, a new reporting obligation for Trustees was gazetted on 31 March 2023, which amended the Trust Property Control Act, Act 57 of 1998 (TPCA). This means that with effect from 1 April 2023, Trustees are obligated to lodge and keep up-to-date records...

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...

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...

Article share courtesy of: Cliffe Dekker Hofmeyr Click here:

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...

Commencing work as a Business Rescue Practitioner, an article written by: Dave Rich of MD Accountants & Auditors Inc.  http://magazine.accountancysa.org.za/asa-may-2022?m=52861&i=746780&p=66&ver=html5 Accountancy South Africa | SAICA | May 2022 full...

Article Provided by Spencer-Pitman Attorneys and Conveyancers  ©LawDotNews Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting! “Death is not the end. There remains the litigation over the estate.” (Ambrose Bierce) Your will (“Last Will and Testament”)...

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...

  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...

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,...

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

We recently received the below invitation to attend a Retail focused webinar on POPI and thought it may be of interest to you in the context of this complex legislation.

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...

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,...

MD's email sent out for this post | https://bit.ly/3tRqq9f   I gave instructions to prepare a Will for me as my most recent Will no longer reflected my wishes. I received my Will with clear instructions as to how I should go about signing the Will. I asked my...

Email sent out for this post | https://bit.ly/2SlhPhN   We refer to our correspondences relating to POPIA (The Protection of Personal Information Act). We would like to stress that compliance with POPIA applies to all persons who process personal information in...

Email sent out for this post | https://bit.ly/3urilJt   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...

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...

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...

We draw your attention to the CIPC Notice 49 of 2020 advising that CIPC will begin regulatory compliance obligations again with effect from 01 December 2020. The CIPC had previously advised that the filing period for Annual Returns which fell within the National...

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...

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...

From the IoDSA Corporate Governance Team CIPC Director Quick Reference Guide The Companies Intellectual Property Commission (CIPC) has issued a guideline in terms of Regulation 4 of the Companies Regulations 2011 which is designed to highlight specifically, although...

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...

MD's email sent out for this post | https://bit.ly/3eAHwRm We alert you to the recent High Court of South Africa judgement that has seen former SAA Chair, Dudu Myeni, being declared a delinquent director in terms of the Companies Act. Judge Ronel Tolmay found that Ms...

"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...

The Department of Trade and Industry (“DTI”) released a statement on 16 April 2020, stating that companies that are registered in terms of the Companies Act, 2008 and through the Companies and Intellectual Property Commission’s (“CIPC”) BizPortal to perform essential...

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

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...

We are bringing the following very important and high-risk change to your attention: CIPC has introduced a Compliance Checklist to be completed as part of the Annual Return submission for all Companies (Proprietary Limited, Incorporated, Limited, State-Owned and...

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...

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.