Hurwitz Higgs Attorneys Johannesburg
Boutique Law Firm Sandton
The New Companies Act, which is referred to in this article as “the Act”, now makes provision for a single constitutive document for companies. Under the old act there were two constitutive documents namely the Memorandum of Association and the…
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The Companies Act states that the shareholders of a company may enter into any agreement with one another concerning any matter relating to the company. A shareholders agreement (SHA) has to be consistent with the Companies Act and with the…
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A Curator Bonis is a legal representative who applies to a court to manage the financial affairs of someone who is unable to do so themselves due to mental or physical incapacity (hereinafter referred to as 'the patient'). One must note that our…
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When a Close Corporation (“CC”) is deregistered and then some time later is restored, it is deemed as if it was never deregistered and any acts performed between deregistration and restoration are retroactively valid. This was held in the 2013…
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Historically, contracts which were seen by the courts and legislators to enforce ‘sexual immorality’ such as pre-marital relations and those which were seen to undermine the institution of marriage have been considered to be against public policy. Now with various…
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We encounter disclaimers, exclusionary and exemption clauses everyday. People are often left with very little bargaining power especially when they are induced to sign a disclaimer. A disclaimer excludes liability on behalf of a person/business for damages suffered whilst being…
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Although there are different types of prescription, the general position with debts is that after 3 years from when the debt becomes due, it prescribes unless certain requirements have been met. The Prescription Act 68 of 1969 states that the…
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There is a very common misconception when people enter into agreements when purchasing residential property thinking that Voetstoets clauses are not applicable because of the enactment of the Consumer Protection Act (“CPA”). A Voetstoets clause, meaning ‘as it stands’ is…
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The well known small law firm of Hurwitz Higgs Attorneys, Situated in Sandton, Johannesburg, re-launched their website In October 2012. Focussed on providing committed and results driven service, the law firm is also committed to providing regular and relevant publication…
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