Corporate Law and Governance
Appropriate Dispute Resolution Clauses are vital in Commercial Agreements
Parties that conclude any sort of commercial agreement must consider the mechanism by which any dispute arising under the agreement will be resolved.
FCA Business Plan 2019/20: looking ahead to post-Brexit future of regulation
Unsurprisingly, Brexit remains the immediate priority for the FCA in its recently published Business Plan 2019/20.
Notice period to convene a shareholders’ meeting increases from 14 to 21 days
As from 30 April 2019, following an amendment to the Fifth Schedule of the Companies Act, 2001, a notice convening a shareholders’ meeting must now be sent no less than 21 days prior to the meeting, as opposed to no less than 14 days as previously stipulated.
Fintech
The applicability of the Financial Advisory and Intermediary Services Act to cryptocurrency assets
Recently, we have been approached by several people who wanted to know how and whether South African financial services legislation applies to persons who wish to provide advice to third parties who are interesting in investing in cryptocurrencies.
International
LIBOR | The state we’re in
Replacement of the current LIBOR regime, in light of various rate setting controversies, has been well-publicised. But what progress has been made in relation to those changes, what is a ‘SONIA-based’ alternative and are borrowers sleep-walking into the unknown when it comes to documentation? We explain the current state of play.
Regulation and Ethics
Common law set-off in credit agreements given the boot?
In a previous Alert we dealt with the question of whether credit providers’ right to apply set-off is regulated by the common-law only or whether credit providers are subject to the National Credit Act’s more onerous requirements regarding set-off.
Tax
Proposed tax amendments for 2019
The National Treasury published the draft Taxation Laws Amendment Bill for comment on 21 July 2019.
