Cliffe Dekker Hofmeyr

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Practical M&A: Locked box mechanism explained

South Africa - February 7 2018 The locked box mechanism entails that the purchase price payable on the transaction’s closing date (Closing), is agreed and fixed at the date of

Beware of excluding liability for consequential damages in confidentiality agreements

South Africa - November 7 2016 Confidentiality or non-disclosure agreements (NDAs) may limit or exclude the parties’ liability for damages in certain circumstances. Clauses such as

Removal of a director by shareholders - to give reasons or not to give reasons?

South Africa - January 18 2018 The Companies Act, No 71 of 2008 (Companies Act) regulates the removal of directors. In terms of the Companies Act, a director may be removed either

Tax treatment of conversion of debt into equity and artificial repayment of debt

South Africa - August 18 2017 In order to assist companies in financial distress, it has been proposed that definitive rules dealing with the tax treatment of conversions of debt into equity be introduced

Back to basics - locus standi in litigation

South Africa - February 27 2019 Locus standi in iudicio concerns "the sufficiency and directness of a litigant's interest in proceedings which warrants his or her title to prosecute

One right two many - A tale of two rights: The double granting of mineral rights decided upon

South Africa - August 21 2019 Mining in South Africa is no mean feat and oftentimes requires a feat of engineering. However, before there can be boots and excavators on (or under

Recognition of Customary Marriages Amendment Bill: Matrimonial property regimes applicable to customary, polygynous marriages

South Africa - August 19 2019 On 24 July 2019, Cabinet approved submission of the Draft Recognition of Customary Marriages Amendment Bill of 2019 (Draft Bill) to Parliament. The

Fora(ging) for tax relief - a judgment about reviewing a SARS assessment or decision

South Africa - August 16 2019 In terms of South African tax law, where a taxpayer wishes to object or appeal against an assessment issued by or decision made by the South African

Warrantors beware: An independent contractor can be your “agent”

South Africa - August 14 2019 When negotiating commercial agreements (such as sales and leases), parties typically spend a lot of time on the warranties. A warranty is a

Customs & Excise Highlights

South Africa - August 8 2019 This week's selected highlights in the Customs & Excise environment since our last instalment