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Companies and dealing with Directors not recorded with CIPC

CIPC no longer required to approve company actions and documentation. CIPC’s role has been revised. The Companies Act specifically reduces the company’s reliance on the regulator, the CIPC. Although companies still have to comply with an administrative process to inform the CIPC of its decisions...

Compliance with Suspensive Conditions

More often than not deeds of sale are made subject to a suspensive condition providing that the approval in writing must be obtained from a financial institution, on its usual terms and conditions, for a mortgage loan in respect of the purchase price or balance...

Community Scheme Ombud Service Act No 9 of 2011

On the 7th of October 2016 the Sectional Title Schemes Management Act (8 of 2011) (“the Schemes Management Act”) and the Community Schemes Ombud Service Act (9 of 2011) (“the Ombud Service Act”) were proclaimed. The two Acts work in conjunction to improve the regulation...

Conflicting Claims for Estate Agents Commission

General requirements for entitlement to commission are: Existence of a mandate (sole and exclusive OR open) Performance of the mandate (terms of the mandate must have been fulfilled) Effective cause Three important cases relating to the question of effective cause are: 1. Webranchek v L...

Conflicting Neighbours

Unlike in a socialist society where public ownership of property prevails, in a free market society the law of property as it relates to individual ownership is usually highly developed. Although property ownership in general covers tangible things, such as land, houses, cars, ownership can...

Consumer Protection Act 68 of 2008

The Consumer Protection Measures Act sets out the minimum requirements to ensure adequate consumer protection. The President of South Africa signed the Consumer Protection Act on 24 April 2009 and it was published in the government gazette on 29 April 2009 and will operate from...