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Can I cancel my lease early?

Mar 28
4 min

Can I cancel my lease early?

It is essential to bear in mind that when one signs a lease agreement, it creates obligations on the tenant and the landlord in respect of the relationship for the duration of the lease agreement. Not only does the lease agreement have to be in writing, but the terms of the agreement need to be compliant with the applicable legislation. What do I need to consider before terminating my lease agreement? Before one can consider what you are entitled to do, it is necessary to con

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LOOP STRUCTURES – WHAT ARE THEY AND WHY DO THEY MATTER?

Oct 20, 2020
3 min

LOOP STRUCTURES – WHAT ARE THEY AND WHY DO THEY MATTER?

An investment into a foreign entity that develops into an investment loop (as a result of money coming back into the country through a loan and/or an investment from this foreign entity) creates a loop structure. This loop structure could possibly contravene South African exchange control regulations. It is important to know about loop structures and understand the South African law surrounding this. Those who lack insight on loop structures could experience untoward penaltie

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The legal consequences of a customary wedding

Aug 28, 2020
4 min

The legal consequences of a customary wedding

by Sarah Gama, Attorney Legal consequences of a customary wedding The conclusion of a customary / traditional wedding is a time of great joy for many families. It marks the beginning of new relationships and the expansion of families. In the midst of the preparation of the festivities, many couples do not consider what the legal consequences are for the couple after the conclusion of the customary / traditional wedding. This article will briefly consider some of the legal con

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An Executor in a Deceased Estate

Jul 27, 2020
3 min

An Executor in a Deceased Estate

by Sarah Gama, Attorney The executor of an estate After the loss of a loved one, family members have to face the hurdle of winding up the estate of their deceased family member. Very few people are experienced with this process and the task at hand may seem daunting. For estates with a value of less than R250,000, the Master of the High Court may dispense with the need for letters of executorship to be issued and may instead issue letters of authority for the estate represent

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What are my options when a party has breached our contract?

Jun 6, 2020
4 min

What are my options when a party has breached our contract?

We have often been asked what rights a person has when another breaches a term of the agreement between the two parties. There is no "one size fits all" approach when dealing with breaches of agreement- each instance of breach should be considered on a case by case basis, and carefully dealt with so as not to have a situation where one takes the law into his/her own hands, or when one acts contrary to what the contract says- in either situation, the consequences could be dire

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We have a new team member and conveyancer! Welcome Wendy!

Jun 3, 2020
1 min

We have a new team member and conveyancer! Welcome Wendy!

Spence Attorneys, Notaries & Conveyancers, Pinelands, is very proud to announce that we have a new addition to our team. Welcome Wendy Mvinjelwa! Wendy is an admitted attorney and conveyancer. She holds a Bachelor of Social Sciences degree (UCT) as well as a Bachelor of Laws degree (UCT). She served her articles of clerkship at one of the biggest property law firms in Cape Town, and we are very pleased that she has joined our team. Wendy has experience in conveyancing matters

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The Tax Residency of Companies in South Africa

Jun 2, 2020
3 min

The Tax Residency of Companies in South Africa

When planning to transact cross border, it is important to bear in mind that setting up a company offshore is not always as easy as it seems, and sometimes it is done simply because the incorporator is of the (often mistaken) belief that doing so in a tax haven will provide opportunities to reduce tax. Whilst in prior years it may have been widespread practice, it is no longer the case. Tax laws have changed internationally in various companies, with the effect that setting u

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Thinly Capitalised Companies & Cross-Border Transactions

May 27, 2020
5 min

Thinly Capitalised Companies & Cross-Border Transactions

Introduction A company is typically financed (or capitalised) through debt and/or equity. Thin capitalisation refers to the situation in which a company is financed through a relatively high level of debt compared to equity levels. Thin capitalisation occurs where a business/ entity/ company has been funded to an extent where the debt is not in proportion to the equity of the business/entity/company, to the extent to that its debt far exceeds its equity with the result that s

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Moving now permitted (once-off)

May 14, 2020
1 min

Moving now permitted (once-off)

In terms of the regulations published on 14 May 2020 in Government Gazette No 43320, moving once-off between business premises or residential premises is now permitted, between provinces, metropolitan and district boundaries, irrespective of when the lease agreement was entered into, and irrespective of when the registration of transfer of the property occurred. Provision is also made for those affected by domestic violence to move. Those moving must ensure that they obtain a

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