News & Resources

I hold 20% shares in a private company that I bought into a few years ago. The majority shareholders heavily influence the directors who take decisions which in my view is not always in the best interests of the company or my own as a minority shareholder in the company. What remedies are available to me?

In my business I receive and store personal information of my clientele. I have a sign-up form for my new clients and was wondering whether I would be compliant with POPIA if I include a consent to process their information once-off in this form. Will this be sufficient for POPIA?

My business has automatic Level 4 BEE recognition because our annual turnover is below R10 million. However, a key client is requiring that we have to have at least a Level 3 BEE certificate meaning I will now have to verify. However, I had no planning in place to be able to do so in my previous financial year and I cannot wait until the current financial year is over. I was wondering whether I could use management statements for my verification if I can get the necessary planning measures in place?

A few years ago, our company entered into a BEE transaction with BEE partners to address our ownership. In the transaction documents, restrictions were imposed on the BEE partners that they could not sell or encumber their shares for a period of at least ten years. These lock-in provisions were a necessary part of the financing and overall transaction. With the current difficult economic times, our partners want to sell a portion of their shares and are disputing the validity of our lock-in provisions. Are lock-in provisions legally enforceable?

I’m the procurement manager for our company. We have a strong focus on BEE in our business and take great care in our procurement and the BEE position of our suppliers. Accordingly, I have noticed from the BEE certificates of many of our suppliers that they do quite poorly with their priority elements. This is strange, given the risk of dropping levels for non-compliance with these elements. Maybe the priority elements have not had the desired impact envisaged by their introduction?

My business processes and stores quite a large amount of information relating to our clients. We are well aware of POPIA that has now come into effect and have been putting basic processes in place. However, I remain concerned that we are not doing enough/underestimating our obligations. What should I be preparing for?

My employer has been closed for most of the lockdown and has been forced to cut staff salaries. Although I understand his predicament, it has now placed me in a situation that I can’t pay my rent. I was wondering whether the same applies to my lease agreement and whether I will be excused from paying rent because of Covid-19?

How can a business rescue plan help my business in tough My business has been struggling since the start of the Covid-19 pandemic and the national lockdown. I’ve been advised to consider business rescue but I am unsure about how I will get a business plan in place and what this will entail. Can you give some guidance here?times?

With all the Covid-19 happenings dominating the media lately, it nearly slipped through that some of the remaining provisions of the Protection of Personal Information Act came into effect on 1 July 2020. Does this mean that all businesses must now comply?

I am a restaurant owner and my business has been adversely affected by the Covid-19 pandemic. I want to apply for relief funding, but I heard that my business needs to be B-BBEE compliant in order to qualify for such. How important is B-BBEE compliance in accessing relief assistance for my business?

Our company has for years prided itself on regular board and shareholder meetings as the basis for the success of our business. Initially we stopped due to the Covid-19 pandemic but have started meeting again using online meeting tools. With the pandemic continuing we are worried that we are not meeting the requirements of the Companies Act by not meeting in person. We have no other choice right now. Is it acceptable from a compliance perspective?

Covid-19 relief – does my race, gender, age or disability matter?I am a small business owner and I am hoping to apply for financial relief from the Covid-19 pandemic. Will my company’s B-BBEE status or factors such as race, gender and disability be considered when I apply for the relief?