THE INTERFACE BETWEEN FRAUD AND INSOLVENCY - HOW INSOLVENCY LAWS CAN ASSIST IN FINDING AND RECOVERING THE PROCEEDS OF FRAUD BY ADAM HARRIS
Assumed Fact Pattern
The following hypothetical scenario is designed to illustrate how cross border insolvency laws can supplement the tools available to an ordinary litigant seeking to find and recover the proceeds of fraud.
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25 June 2008
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EMPLOYER OPTIONS WHEN CRIMINAL AND CIVIL PROCEEDINGS ARE SIMULTANEOUS – DENNIS SIBUYI
Against a background of pervasive theft, fraud, bribery and corruption, employers losing large sums of money need to be acutely aware of the remedies available to them.
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19 February 2008
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MERGERS: PLUGGING THE STC HOLE – MOGOLA MAKOLA
The South African Revenue Service (SARS) has withdrawn the exemption from secondary tax on companies (STC) for amalgamation transactions, more commonly known as mergers.
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11 February 2008
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THE HEDGE FUND REGULATIONS
The Hedge Fund Regulations, which came into law as on 29 August 2007, have been welcomed by various industry organisations as the need for an increased monitoring system of hedge funds in South Africa has been long awaited.
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11 December 2007
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NATIONAL CREDIT ACT KICKS IN
A lot of far-reaching provisions of the National Credit Act No. 34 of 2005 (“Act”) will come into operation on 1 June 2007. The Act aims to protect consumers from unscrupulous lending practices and to compel lenders to ensure that consumers are financially fit before loans are advanced to them. Banks and other credit providers are incurring billions of Rands of expenditure in order to comply with the requirements of the Act.
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18 July 2007
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EMPLOYER-EMPLOYEE RELATIONSHIP UNDER THE NATIONAL CREDIT ACT
The National Credit Act No. 34 of 2005 (the “Act”) is now of full force and effect in its entirety. Much about the Act has been commented on, ie the application of the Act and the effect thereof to our credit laws. Of equal importance is a discussion on how the Act seeks to deal with the employer-employee relationship as most of the people in the world are involved in this type of relationship.
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18 July 2007
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A NEW ERA OF INTEREST RATES IN SOUTH AFRICA
The National Credit Act No. 34 of 2005 (“National Credit Act”) came into force on 1 June 2006 repealing numerous legislations, including the Usury Act No. 73 of 1968 (“Usury Act”).
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19 April 2007
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SOUTH AFRICAN BANK REGULATOR MOVES CLOSER TO BASEL II
In South Africa, the regulator of banks is committed to implementing the International Basel Committee on Banking Supervision’s Revised Framework of International Convergence of Capital Measurement (known as Basel II) in full. An Accord Implementation Forum (“AIF”) was established to manage and co-ordinate the process.
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23 March 2007
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THE REGULATION OF HEDGE FUNDS
The hedge fund industry in South Africa has been growing at a significant rate over the past few years, as institutional and sophisticated investors are realising that hedge funds can and should form a key component of any investment portfolio if they are to achieve optimal returns.
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20 February 2007
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LEGAL STRUCTURES FOR PROPERTY FUNDS IN THE REPUBLIC OF SOUTH AFRICA
Although there are probably any number of permissible legal structures
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14 February 2007
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