South Africa: Trusts

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The Requirement Of Joint And Unanimous Action By Trustees

The decision of the Supreme Court of Appeal ("SCA") in Shepstone & Wylie Attorneys v De Witt has reaffirmed that, unless the trust deed provides otherwise, trustees must act jointly for the trust to be bound by their acts.

South Africa Litigation

E

ENS

What, The FIC, Is Beneficial Ownership?

In terms of section 21B of the Financial Intelligence Centre Act 38 of 2001 ("FICA"), as amended by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022...

South Africa Commercial

E

ENS

ESOP Trusts For Private Companies – Heads You Win, Tails You Win

An ESOP trust is an employee-share-ownership trust and is a mechanism that allows employees to buy or own shares in the private company.

South Africa Commercial

BI

Barnard Inc.

Providing Vested Rights In Respect Of Discretionary Trusts

The rise of the discretionary family trust has long seemed inevitable. It appears to provide unparalleled commercial and fiscal flexibility to achieve multi-generational wealth transfer...

South Africa Commercial

E

ENS

B-BBEE Trust Governance For Renewable Energy In South Africa

South Africa Energy

Ai

Andersen in South Africa

Navigating South Africa's New Beneficial Ownership Requirements: A Guide For Trusts

South Africa Commercial

E

ENS

South Africa Requires Enhancements To Trust Beneficial Ownership Information

South Africa Commercial

TS

The Sovereign Group

Trustee Compliance: Existing And Upcoming Master's Office And SARS Reporting Deadlines

South Africa Commercial

E

ENS

South Africa Brings New Measures For Beneficial Owners Of Trusts Into Force

South Africa Commercial

TS

The Sovereign Group

South Africa Requires Reporting Of The Beneficial Ownership Of Trusts

South Africa Government

TS

The Sovereign Group

Trustees Under Scrutiny: Demystifying South Africa's Legal Changes For Enhanced Compliance

South Africa Commercial

E

ENS

Nexia SAB&T Insight Guides

South Africa Commercial

NS

Nexia SAB&T

How To Set Up An Offshore Trust – Five Key Factors To Consider

South Africa Government

TS

The Sovereign Group

Verification Of Clients Under FICA And The Dangers Of Asking For Too Much

South Africa Commercial

E

ENS

What Every Developer Needs To Know About Township Establishment

South Africa Real Estate

BI

Barnard Inc.

Rethinking Governance In The Age Of AI: A Legal And Operational Imperative For Organisations

South Africa Technology

E

ENS

South Africa's SCA Reinforces Judicial Support For Arbitration Agreements

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Words Have Power: When Unfounded Allegations Sink Reinstatement

South Africa Employment

FW

Fairbridges Wertheim Becker

Fifty Cents, Zero Trust: How A Trivial Shortfall Cost A Teller Her Job

South Africa Employment

FW

Fairbridges Wertheim Becker

Dealing With Disputes Amongst The Trustees Of A Testamentary Trust

A matter involving a dispute amongst the trustees of a testamentary trust was recently heard in the Gauteng Division of the High Court.

South Africa Litigation

SI

SchoemanLaw Inc.

How South African And Offshore Trusts Differ

As more South Africans establish trusts outside the country, Grant Barbour, Managing Director - Private Client, examines the key differences that advisers and individuals need to be aware of.

South Africa Commercial

O

Ocorian

Tax In Brief | Issue 60

Below, please find issue 60 of ENSafrica's tax in brief, a snapshot of the latest tax developments in South Africa.

South Africa Tax

E

ENS

To Trust Or Not To Trust: The Dilemma Surrounding Broad Based BEE Trusts

The Department of Trade, Industry & Competition has promulgated a series of codes of conduct in which the BEE regime is fully laid out.

South Africa Commercial

Tf

Tabacks

Removing Trustees – Not Such An Easy Task…

South Africa Litigation

SI

SchoemanLaw Inc.

Change In Trust Account Interest From 1 March 2019: No Need To Panic

South Africa Finance

DV

Dykes Van Heerden Inc

Offshore Trusts: The Basic Considerations And Recent Amendments

South Africa Tax

E

ENS

Far-Reaching Proposed Changes To The Taxation Of Foreign Trusts

South Africa Tax

E

ENS

Budget 2018: Wealth Perspective

South Africa Tax

Pv

Pieter van der Zwan & Associates

Unintended Consequences Of The New CFC Rules

South Africa Tax

E

ENS

Share Incentive Schemes: The Role Of Trusts

South Africa Commercial

Pv

Pieter van der Zwan & Associates

Tax Proposals Affecting Trusts

South Africa Commercial

Pv

Pieter van der Zwan & Associates

Trusts – Should You Be Charging Interest On Loans Made To A Trust

South Africa Commercial

ST

Smith Tabata Buchanan Boyes

Piercing The Corporate Veil When Holding Companies Act As Operators

South Africa Commercial

E

Eptalex Law Firm LLP

Share Incentive Schemes: The Role Of Trusts

Share incentives schemes often involves the use of trusts to administer the awards made to employees.

South Africa Commercial

Pv

Pieter van der Zwan & Associates

Tax Proposals Affecting Trusts

A number of amendments proposed by the National Treasury are, if implemented in their current form, likely to significantly impact on trust structures.

South Africa Commercial

Pv

Pieter van der Zwan & Associates

Trusts – Should You Be Charging Interest On Loans Made To A Trust

Clients who have made, as well as those who are considering making, interest-free or low-interest loans to trusts must take note of a recent inclusion to the Income Tax Act.

South Africa Commercial

ST

Smith Tabata Buchanan Boyes

Piercing The Corporate Veil When Holding Companies Act As Operators

We attempt to clarify Section 20(9) of the Companies Act through Stephen Malcolm Gore N.O. case

South Africa Commercial

E

Eptalex Law Firm LLP

Tax On Vesting Of Shares By Share Incentive Trusts

South Africa Tax

Pv

Pieter van der Zwan & Associates

Settlors Beware: Control Over The Assets Of A Trust

The establishment of an offshore discretionary trust ("the Trust") by a South African tax resident person ("Settlor") gives rise to various South African tax considerations.

South Africa Tax

E

ENS

SARS Amendments To The Trust Income Tax Return For 2015

During the 2014 tax year, the South African Revenue Service ("SARS") introduced a new income tax return for trusts (ITR12T) which was much more comprehensive than its predecessor.

South Africa Tax

E

ENS

Taxation Of Trusts Revisited

The Davis Tax Committee's First Interim Report on Estate Duty was released for public comment on 13 July 2015.

South Africa Tax

E

ENS

Renewed Focus On High Net Worth Individuals: The Krok Judgment

High net worth individuals and their associated trusts have in the past been identified by the South African Revenue Service as posing a risk of non-compliance to tax legislation.

South Africa Tax

E

ENS

Trusts As Shareholders And Buy And Sell Agreements

South Africa Commercial

SI

Schoemanlaw Inc

Employee Share Schemes Where (Inter Vivos) Trusts Are Shareholders

South Africa Commercial

SI

Schoemanlaw Inc

Can You Trust Your Trust?

South Africa Commercial

E

ENS

The Future Taxation Of Trusts

South Africa Tax

E

ENS

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