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This is your FIRST STEP if you are looking for legal or professional support. We:

  • Guarantee a response within 1 working hour,
  • Are uncomplicated, friendly and professional,
  • Our fees are sensitive to the South African economy,
  • Have a team of professionals in all major Cities,
  • Function with integrity, attention to detail and are objective driven,
  • Use technology, innovation and internal processes to streamline your experience,
  • Strive to improve the sector we operate in.

 

SERVICES | AMASEVISI

In our ‘team’ we have Legal Practitioners (Lawyers & Attorneys) and other Professionals who offer parallel solutions. Our website menu items LEGAL PRACTITIONERS and OTHER PROFESSIONALS offer a summary of services and will help you decide which type of service provider to use. Please review both pages. Afterwards, if you are still not sure who to use please ask for guidance using the Immediate Action Form on the Contacts Page.

 

FREE OR FEE? SIMAHLA OKANYE UHLAWULE?

For free services you could engage with an organization such as legal-aid.co.za or visit justice.gov.za for free information. Depending on your issue any of the following organizations might be appropriate and mandated to help for free:

  • The National Consumer Commission,
  • CGSO,
  • CCMA,
  • Housing Tribunal,
  • For insurance or banking issues, you should contact the appropriate ombudsman.

If you are looking to hire a Professional we guarantee that the fees quoted will be reasonable and you will not be charged anything until you have accepted a quote or entered into an engagement letter. Payment options will be communicated and might include hourly, per project, fixed rate or retainer. See a Cost Guideline HERE. The use of a Legal Practitioner or Court should be engaged with only once you have exhausted all amicable and free options, or if the matter at hand needs legal guidance and an expert to expedite a solution.

E-CONSULTS

An E-Consult is an effective way to receive expedited support for select, once off or ad hoc matters. Please visit the menu item for more information on this process. CLICK HERE

 

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South African Working days. No public holidays.

  • Monday-Thursday from 09h00-13h00 and 14h00-16h00.
  • Friday 09h00-13h00.

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Business (Not) as Usual

- Featured article by LAWYERS-ONLINE.CO.ZA

Business (Not) as Usual

The Companies Act No. 71 of 2008 (‘the new Act’) came into effect on 1 May 2011. The new Act has modernised and simplified South African company law and has been brought into line with international best practices and other South African legislation. It has changed the face of company law in South Africa with increased accountability and transparency, the phasing out of Close Corporations a nd a new set of auditing requirements.

One of the major changes brought about by the new Act is that no new Close Corporations (CCs) may be registered. CCs already existing before 1 May 2011 may continue to operate. However, the new Act and amendments to the Close Corporation Act No. 69 of 1984 (‘the CC Act’) allow CCs to be converted into private companies.

There are many reasons why it is advisable to convert a CC into a small private profit company. All CCs have to meet the requirements of the CC Act and certain sections of the new Act which places an onerous strain on the CC. The new Act distinguishes the rights and duties of shareholders from those of directors whereas the CC Act does not separate the rights and duties of owners and managers where th ey are both members of the CC. Furthermore, the enhanced accountability and transparency requirements of the new Act promote a new level of corporate governance responsibility of shareholders and directors of companies, a concept with which the outdated CC Act is unfamiliar.

Auditing requirements have undergone a complete transformation with the new Act. A Public Interest Score (PI Score) has been formulated to assess whether a close corporation or company requires an audit or independent review and which financial reporting standards apply. The PI Score considers factors such as the average number of employees, total turnover and total outstanding third party liabilities. It is important to conduct a PI Score assessment before converting your company constitution or registering a new company so that you are aware of what is required of your company.

Under the old Companies Act, companies were governed by a Memorandum of Articles and Articles of Association. The new Act introduced a single, comprehensive do cument, the Memorandum of Incorporation (MOI).

A transitional period of two years ran from 1 May 2011 until 1 May 2013 wherein the Companies and Intellectual Property Commission (CIPC) waived the official lodgement fees to encourage companies existing pri or to the effective date to amend their company constitution in line with the new Act.

Where a company existing prior to 1 May 2011 did not adopt a MOI by 30 April 2013, its existing constitution is deemed to be its MOI and any provisions that conflict w ith the new Act would be null and void. Therefore, we strongly recommend that companies existing prior to 1 May 2011 convert their Memorandum of Articles and Articles of Association into an MOI to ensure that its company constitution is up to date.

RADEMEYER ATTORNEYS is able to assist in all company secretarial work including incorporation of all types of companies under the new Act, conversion of a Memorandum of Articles and Articles of Association into an MOI and conversion of CCs into private profit companies. Please contact our offices for a quotation.

Legal information

Kristy West - Attorney
Kim Rademeyer - Partner

Business Not as Usual - Legal Information South Africa