South Africa: Corporate/Commercial Law

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Article
Emerging AI Risks: The Importance Of AI-crisis Response Plans
Generative AI tools are creating unprecedented compliance challenges for organisations, from embellished employee grievances to hallucinated content in regulatory filings and sophisticated AI-enabled fraud schemes. As these risks manifest across sectors, companies must urgently assess whether their investigation frameworks and governance protocols can effectively detect and respond to AI-generated content at scale.
South Africa Commercial
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ENS
Article
Legal Practitioners Under The Microscope: FIC Updates Sector Risk Ahead Of South Africa’s Next FATF Evaluation
South Africa's Financial Intelligence Centre has released an updated sector risk assessment for legal practitioners ahead of the 2027 FATF mutual evaluation, identifying the profession as highly vulnerable to money laundering and terrorist financing abuse. The draft report highlights significant concerns about low regulatory reporting despite high transaction values, widespread cash use, and questions whether legal practitioners are accurately assessing their own compliance risks. With comments due by 14 Ju
South Africa Commercial
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ENS
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Private M&A
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Mergers & Acquisitions
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ESG
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Private Equity
VC
Venture Capital

M&A/Private Equity

Article
Politics Of The Deal: Public Interest Impacting M&A
South Africa's merger approval process has evolved from a predictable regulatory step into a complex intersection of competition law, political objectives, and transformation mandates. As the Competition Commission increasingly prioritizes public interest criteria—including ownership by historically disadvantaged persons and employment impacts—over traditional antitrust analysis, dealmakers face new challenges in structuring transactions and forecasting outcomes.
South Africa Commercial
Ai
Andersen in South Africa
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Compliance

Article
After The Freeze: What Happens Next For Crypto Arbitrage And Exchange Control Risk?
The South African Reserve Bank's dispute with fintech Kastelo has evolved from an account freeze into a pivotal test case for how exchange control regulations apply to crypto arbitrage platforms. As the litigation moves beyond procedural questions to substantive regulatory compliance, businesses operating cross-border digital asset models face critical uncertainty about when client foreign exchange allowances can legitimately support platform-based crypto transactions. The unresolved merits may fundamentall
South Africa Finance
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ENS
Article
The Clock Is Ticking: CRD VI And South African Financial Institutions
The European Union's Sixth Capital Requirements Directive introduces a unified framework requiring non-EU banks to establish authorized branches when providing core banking services into EU Member States. With the grandfathering deadline now passed and full implementation approaching in January 2027, South African financial institutions must urgently assess which cross-border activities fall within scope, which exemptions may apply, and whether establishing a permanent European presence has become necessary
South Africa Finance
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ENS
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Venture Capital

Article
Intellektuele Eiendomswaardasies: Hoe Lank Is 'N Stuk Tou?
Intellectual property valuations in South Africa's entrepreneurial landscape present unique challenges shaped by international trends and local legislation. This analysis explores the complexity of determining IP value across different business stages, from startups navigating the 'valley of death' to established companies facing mergers and acquisitions. The framework examines how sustainability, technology readiness levels, and risk mitigation strategies converge to unlock the true value of intellectual c
South Africa IP
BI
Barnard Inc.
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Corporate and Company Law

Article
Tax Court Applies The GAAR To Dividend Stripping: Companies AF (Pty) Ltd And Others v C:SARS
The Tax Court in Cape Town has ruled on a dividend stripping arrangement used in the sale of a self-storage business, applying South Africa's general anti-avoidance rules to a structure where shareholders attempted to convert taxable capital gains into exempt intercompany dividends. Following the Constitutional Court's recent decision in Absa Bank Ltd v SARS, the Court examined whether a pre-acquisition dividend funded by the purchaser's subscription served any purpose beyond tax avoidance, and whether the
South Africa Tax
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ENS
Article
King V Is Not A Rulebook: Understanding Flexibility In Corporate Governance
King V's governance framework is widely misunderstood as a rigid rulebook requiring uniform compliance, when it is actually designed as a flexible, principles-based system. This analysis examines the three-tiered structure of outcomes, principles, and recommended practices, explaining why the "apply and explain" disclosure regime prioritizes contextual application and meaningful results over mechanical box-ticking exercises.
South Africa Commercial
E
ENS
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Latest Videos

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