South Africa: Charges, Mortgages, Indemnities

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.

Bond Cancellation Process

Settling the balance is not the finish line; the bond must be cancelled before you transfer or refinance. We handle notice, figures, and lodgement so the mortgage falls away on cue.

South Africa Finance

FW

Fairbridges Wertheim Becker

The Proper Placement Of Interest Rate Clauses In Lending Documents: Balancing Clarity, Compliance, And Borrower Protections

In lending transactions, the placement of the interest rate clause within loan and security documents is an important decision that affects legal clarity, enforceability, borrower protections, and market practice

South Africa Finance

E

ENS

The Effect Of Different Matrimonial Regimes And Foreign Marriages On The Conveyancing Process

When registering immovable property and mortgage bonds, a Conveyancer must carefully consider the seller's, purchaser's, or mortgagor's marital status and the applicable matrimonial regime.

South Africa Real Estate

FW

Fairbridges Wertheim Becker

A Tale Of Patios And Paperwork – Extending A Sectional Title 'Section'

Imagine you've just purchased a beautiful ground-floor sectional title unit in a secure complex. You love the space, but you dream of enclosing your patio to create an extra sun lounge or home office.

South Africa Commercial

FW

Fairbridges Wertheim Becker

The Excipiability Of Unsigned Home Loan Agreements

South Africa Litigation

E

ENS

The Risks Of Not Stating That A Debt Is Secured By The Registration Of A Mortgage Bond

South Africa Finance

E

ENS

Balancing The Rights Of Lenders And Commercial Property Owners When A Dispute Regarding Payment Of Municipal Charges Arise

South Africa Finance

F

Fasken

Key Insights From The High Court Amendment Act: Impact On Immoveable Property Sales

South Africa Finance

E

ENS

More Interest, More Problems: Navigating The Costs Of Buying And Selling Property

South Africa Real Estate

E

ENS

Interest Rate Seemed Excessively High? Court Rules That Borrowers Are Still Liable To Pay

South Africa Finance

E

ENS

The Ins And Outs Of Procuring AI Services

South Africa Technology

E

ENS

Cancellation Of A Property Sale Agreement. What Are The Implications?

South Africa Real Estate

AA

Adams & Adams

What You Should Know About Suspensive Conditions In Sales Of Immovable Property

South Africa Real Estate

SI

SchoemanLaw Inc.

Warranties And Indemnities In Your Merger And Acquisition Agreement

South Africa Commercial

SI

SchoemanLaw Inc.

Trade Implications Of ITAC's 15% NEV Battery Tariff Proposal

South Africa Tax

Ai

Andersen in South Africa

An Overview Of ESG Fraud Risks In The African Mining Sector

South Africa Energy

E

ENS

Not So Fast: When Retrenchment Goes Off The Wall

South Africa Employment

FW

Fairbridges Wertheim Becker

Rethinking Confidentiality In The Age Of AI

South Africa Technology

E

ENS

Tax Dispute Resolution: Failure To Discharge Onus Of Proof

South Africa Tax

SG

SNG Grant Thornton

How Does The Bond Registration Process Work In South Africa?

A mortgage bond is registered when an owner of immovable property uses the property as security to raise funds from a bank or other financial institution.

South Africa Finance

AA

Adams & Adams

Nil Stamp Duty Payable On Securities Effective 1 July 2020

The Stamp Duty Amendment Act 2014, has been amended by the Stamp Duty Amendment Act of 2020 (the "Amendment")

South Africa Finance

E

ENS

Financial Assistance In Relation To A Loan Facility

When a bank approves a loan facility, it will typically require the registration of a mortgage bond over the borrower's immovable property in order to secure the debt.

South Africa Finance

AA

Adams & Adams

Banks-Beware To Advance Funds To Clients Prematurely

When banks advance funds to clients prior to the lodgement of a mortgage bond at the Deeds Office, they must take cognisance of the effect of Section 88 of the Insolvency Act.

South Africa Insolvency

AA

Adams & Adams

Ugandan High Court Sets Guidelines For Mortgagees Exercising Their Right Of Sale Of Mortgaged Property

South Africa Finance

E

ENS

Parallel Debt Structures In South Africa

South Africa Finance

D

Dentons

Prescription Revisited

South Africa Finance

CC

Clyde & Co

Tax Consequences Arising From The Writing Off Of Loans

South Africa Tax

E

ENS

Property: Ownership

South Africa Finance

RM

Routledge Modise

Demystifying Market Speak: Listed, Quoted and Unlisted Securities

South Africa Finance

BD

Bell Dewar

Uncertificated Securities as Collateral in South African Securities Lending Transactions

South Africa Finance

BG

Bowman Gilfillan

Market Abuse in South Africa

South Africa Finance

NR

Norton Rose Fulbright South Africa

Funding an Empowerment Transaction

South Africa Finance

NR

Norton Rose Fulbright South Africa

A Sophisticated Securities and M&A Regime

South Africa Finance

F

Fasken

Uncertificated Securities as Collateral in South African Securities Lending Transactions

The question how uncertificated securities can be provided as effective collateral in South African securities lending transactions has been such a hotly debated topic that, for many years, the majority of participants in the South African securities lending market only accepted cash as collateral for loaned securities.

South Africa Finance

BG

Bowman Gilfillan

Market Abuse in South Africa

South African financial markets have developed significantly in the past few years notwithstanding the ongoing market abuse.

South Africa Finance

NR

Norton Rose Fulbright South Africa

Funding an Empowerment Transaction

It is exciting for black partners to be taken into a business, but how will that invitation be funded? Empowerment transactions can, like any transaction, be financed by either looking to the company itself for cash or by sourcing finance from third party financiers or banks.

South Africa Finance

NR

Norton Rose Fulbright South Africa

A Sophisticated Securities and M&A Regime

With a highly developed economic infrastructure and strong legal system, South Africa has traditionally been an attractive jurisdiction for securities and merger and acquisition (M&A) activity.

South Africa Finance

F

Fasken

Enforceable Security?

South Africa Finance

NR

Norton Rose Fulbright South Africa

Shareholder, Know Your Rights

There are many lessons to be learnt from the ongoing Kebble saga. One of the most practical lessons emerges from the recent judgment in “Letseng Diamonds Ltd v JCI Ltd” regarding the governance of companies and the position of shareholders in relation to the company and its directors.

South Africa Commercial

NR

Norton Rose Fulbright South Africa

The Corporate Laws Amendment Act

The Corporate Laws Amendment Act (the “Act”), which became law at the end of last year, has introduced a number of changes to our company legislation.

South Africa Commercial

NR

Norton Rose Fulbright South Africa

Approach of the Competition Authorities to Hostile Takeovers in South Africa

The South African competition authorities have recently had cause to consider two hostile takeovers. The first was the attempted hostile takeover of Gold Fields by Harmony; the second, the takeover of Johnnic by HCI.

South Africa Anti-trust

CD

Cliffe Dekker Hofmeyr

Transfer Pricing and Deemed Dividends - Have These Anti-Avoidance Measures Gone too far

Few international and multinational companies in South Africa have escaped a section 31 transfer pricing examination by the South African Revenue Service ("SARS").

South Africa Tax

NR

Norton Rose Fulbright South Africa

Companies Amendment Bill: Steps Towards Complete Overhaul

South Africa Commercial

CD

Cliffe Dekker Hofmeyr

No Prospectus No Deal?

South Africa Finance

CD

Cliffe Dekker Hofmeyr

Private Equity in South Africa: An Overview of the Market and Legal Environment

South Africa Tax

CD

Cliffe Dekker Hofmeyr

A Brave New World?

CD

Cliffe Dekker Hofmeyr

What´s Good For The Goose - Extra-Territorial Application of The Sarbanes – Oxley Act

South Africa Accounting

CD

Cliffe Dekker Hofmeyr

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