February 18, 2016

So when am I authorised to act as trustee?

So when am I authorised to act as trustee? The Trust Property Control Act 57 of 1988 defines a trustee as meaning “any person (including the founder of the trust) who acts as a trustee by virtue of an authorisation under Section 6.” In the matter of Lupacchini vs Minister of Safety and Security (16/2010) […]
February 18, 2016

Differences between Liquidation and Sequestration Process

Differences between Liquidation and Sequestration Process The application for liquidation and sequestration processes are often confused. Many people think that the processes are the same. However, there is a big difference between these two processes. A simple way to describe liquidation is that liquidation is the winding up of a firm by selling off its […]
February 18, 2016

Do’s and Don’ts of suretyship

Do’s and Don’ts of suretyship On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger[1], the Supreme Court of Appeal (SCA) set out the importance of, firstly, expressly pleading a suretyship clause in a plaintiff’s particulars of claim and, secondly, ensuring that the contract to which a deed of suretyship is […]
February 18, 2016

Bail or not

Bail or not People are often outraged when they hear of accused persons who have been released on bail. In this article the factors to be considered when deciding whether someone should be let out on bail or not will be discussed. This will allow us to better understand why someone has been released on […]

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