NGL Attorneys | Commercial, Business and Property Law

Protect your business from Cyberattacks

Since the POPI Act was introduced, many businesses have taken the time and effort to implement a POPI strategy that complies with the Act’s basic requirements. But for many businesses this will not be enough to stave off run-ins with the Information Regulator because they neglect one important strategy in POPI readiness: their staff. Digital […]

NGL Attorneys Is POPIA Compliant!

Respecting and protecting your Personal Information is very important to us. Not only is this a Constitutional right, but it is a good business practice which we take very seriously. In line with the Protection of Personal Information Act, Act 4 of 2013 (“the Act”) we: • Accept joint responsibility and accountability with you to […]

The full accrual of an estate during a divorce

In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the Respondent’s right to future annuity payments in respect of Personal Portfolio Living Annuities (“the living annuities”) from Glacier Financial Solutions (Pty) Ltd, a member of the Sanlam Group, is […]

Is cybercrime punishable in South Africa

The prosecution of cybercrime in South Africa is regulated by the Electronic Communications and Transactions Act 25 of 2002 (“the ECTA”) and the Cybercrimes and Cybersecurity and Related Matters Bill (“the Bill”). Alongside these pieces of legislation exists the common law, as well as the Constitution of the Republic of South Africa, 1996 (“the Constitution”). The ECTA and the Bill are to be read in conjunction with the common law […]

What’s next for struggling businesses?

What’s next for struggling businesses? South Africa has been experiencing very slow economic growth and international rating agencies have subsequently downgraded South Africa’s investment outlook to “junk status”. This, and a myriad of other factors, have negatively impacted South African businesses, especially small and medium business enterprises. Many of these struggling enterprises are now at […]

Methods of valuation

Methods of valuation A business valuation is a process whereby a value is placed on a business or a business unit, based on the historical and projected financial performance of the business.  It is critical, as a shareholder or business owner, to know what your business is worth in order to make sound business decisions […]

Equal treatment for shareholders

Section 163 focuses specifically on the interest of minority shareholders. The protection of minority shareholders’ rights must be understood within the context of the provisions set forth by the Act, the common law, the Memorandum of Incorporation (MOI) of the Company and the Shareholders’ Agreement (if applicable). In terms of this section, an applicant may […]

Shareholders’ agreements 101

A shareholders’ agreement sets out how a private company should be operated and regulates the various shareholders’ rights and obligations. It is therefore important that a shareholders’ agreement be concluded at the beginning of the relationship to prevent disputes later on. The Companies Act No. 71 of 2008 (“the Act”) expressly recognises shareholders’ agreements. Section […]

What is important to your business?

Businesses, both big and small, are integrating corporate social responsibility (CSR) as part of their objectives and mission. This plays a key role in attracting and retaining employees, stakeholders, customers and clients. Consumers’ deciding factors when it comes to spending is influenced by whether or not businesses are driven by CSR principles. Those who don’t […]

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