Commercial Law – Botha Bezuidenhout

Seek Legal Advice Before Signing Commercial Contracts

Schalk Bezuidenhout — Wed, 30 Oct 2024 10:21:09 +0000

Running a small business in South Africa is no small feat. The entrepreneurial spirit is vibrant, full of potential and innovation, but it also comes with its fair share of challenges. One key aspect that can make or break your business is the contracts you enter into. As a small business owner, you might feel… Read More »

Debt Collection Made Simple

Schalk Bezuidenhout — Wed, 03 Feb 2021 08:20:23 +0000

Apart from death and paying taxes, there is one more guarantee in life… collecting debts. And for so many businesses in South Africa, this is getting harder and less successful with each day passing and this pandemic hanging over our heads. Collection Options There are various options in collecting debts, each with its own advantages… Read More »

Retainer Options

Schalk Bezuidenhout — Tue, 19 Jan 2021 17:05:28 +0000

What’s a Retainer Agreement? A Retainer Agreement is an alternative fee agreement with an attorney, usually at reduced monthly tariffs. There is nothing magical about retainer agreements, except that retainer agreements: Attorneys are usually willing to lower their hourly rates in exchange for a continuous flow of work. Until recently Retainer Agreements were exclusive to… Read More »

Business Interruption Insurance Update

Schalk Bezuidenhout — Mon, 11 Jan 2021 07:16:56 +0000

On 08 July 2020, we reported on the Western Cape High Court’s judgment regarding Business Interruption Insurance Claims. The Judgment of the Western Cape High Court was taken on appeal, and the Supreme Court of Appeal again decided against the insurer. The full judgment can be found HERE. The law is settled. Insurance companies are to indemnify their clients in terms of business…

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How to open an Online Business… SUCCESSFULLY

Schalk Bezuidenhout — Mon, 28 Dec 2020 14:54:05 +0000

Introduction South Africa’s Online Retail Industry grew by 40% during the Covid-19 Lockdown. Each of these online businesses face rules and regulations, some of which the owners of these businesses are sometimes blissfully unaware of. Even larger online retailers struggle to follow the rules and regulations governing their businesses. Online businesses do not differ much… Read More »

Small Businesses – Legal pitfalls

Schalk Bezuidenhout — Thu, 10 Sep 2020 14:49:38 +0000

There are several legal pitfalls for small businesses, and in this post, we will explain a few of the most important legal pitfalls, and how to avoid them. Separate Legal Entity: Several businesses in South Africa are being run as sole proprietorships or partnerships, but many of these business owners are not aware of the… Read More »

Repudiated Covid-19 Insurance Claims under spotlight

Schalk Bezuidenhout — Wed, 08 Jul 2020 14:40:15 +0000

In a recent Judgment by the Western Cape High Court, the High Court declared that the insurer is obliged to indemnify the insured against losses sustained as a result of the Covid-19 Lockdown. This is a big win for the many businesses who hold such insurance, and who have been faced with their claims being… Read More »

Retainer Agreements Explained

Schalk Bezuidenhout — Wed, 31 Jan 2018 14:34:32 +0000

What are Retainer Agreements A Retainer Agreement is an alternative fee agreement with an attorney, usually at reduced monthly tariffs. There is nothing magical about retainer agreements, except that retainer agreements: Reduce legal fees; Eliminate surprising legal fees; and Limit spending on legal fees to a fixed-monthly amount. What is the Catch? There is no… Read More »

Rescue the business before liquidation is considered

Schalk Bezuidenhout — Wed, 24 Feb 2016 14:31:51 +0000

In terms of s 132(1)(a)(i) of the Companies Act 71 of 2008 (the Act), business rescue proceedings commence when a company files a resolution to place itself under supervision in terms of s 129(3) of the Act. But what happens if a creditor has already served an application for the liquidation of the company? Section… Read More »