11 July

Sticky

Navigating the Sale of Business Assets & Agreements

in Commercial Law, Hammond Pole Blog, Know The Law, Legal Advice

Navigating the intricacies of selling or buying a business can be a complex undertaking, often revealing that what may appear as a straightforward transaction is anything but. As an experienced professional in this field, I frequently encounter clients seeking a "basic" precedent to guide them through the process. However, as our discussions unfold, it becomes evident that there are numerous crucial aspects to consider. Whether you find yourself in a position to sell or buy into a business, here are key factors that warrant careful thought and consideration. Determine the Business Entity Type First and foremost, you must establish whether the...

08 June

0 Comments

Sticky

Demystifying VAT, Transfer Duty, and CGT in Property Transactions

Posted by Hammond Pole

in Hammond Pole Blog, Know The Law, Legal Advice, Property Law

A common question in real estate is whether Vat or Transfer duty is applicable to a transaction. Before answering the question, one must understand the terminology referred to in the property market. TRANSFER DUTY Transfer Duty is a tax imposed on the purchase of immovable property when it is transferred from one person to another. The buyer is responsible for paying this tax, which is calculated based on a sliding scale according to the purchase price. The conveyancer handling the property transfer collects the transfer duty and pays it to the South African Revenue Service (SARS) before registering the property. If transfer...

23 May

0 Comments

Sticky

Two types of terminations under debt review – and what it means for the consumer

Posted by Hammond Pole

in Hammond Pole Blog, Know The Law, Legal Advice

When you're in debt, it can be scary to think that your creditors could take legal action against you. But if you apply for debt review, you're protected from this, right? Well, not entirely. There are two types of terminations that can happen when you're under debt review. If you don't follow the rules or make your payments on time, your account can be terminated either under section 86(10) or section 88(3) of the National Credit Act. If your account is terminated under section 86(10) This means that you didn't file a debt review application within 60 days of applying for it. In...

28 November

0 Comments

Sticky

You receive an SMS from your bank notifying you of a deposit. The payment is unexpected, and you have no idea where it came from. What is your legal responsibility?

Posted by HP Admin

in Hammond Pole Blog, Know The Law

Every individual is expected to act lawfully, therefore if money is deposited into your account and you know it’s not yours, legally you must return it. A Walter Sisulu University student, Sibongile Mani, was accidentally paid an amount of R14 million instead of R1,400 in June 2017 by a company that manages the National Student Financial Aid Scheme’s (NSFAS) finances. She was found guilty of theft and imprisoned after she spent over R800,000 of the money that she received from NSFAS. It is crucial to understand the consequences of spending funds you received in error which may include: A court order or...

18 November

0 Comments

Sticky

Someone has opened a cell phone contract and a store account in my name. How should I deal with it?

Posted by Hammond Pole

in Hammond Pole Blog, Know The Law

Is someone using your personal details to open an account or get credit? This is called identity and impersonation fraud, which occurs when someone uses personal details such as an individual’s identity number or name to commit crimes. According to the Southern African Fraud Prevention Service (SAFPS), identity fraud in South Africa has increased by 99% since 2018, costing the economy one billion per year. In 2022, 62% of total fraud incidents occurred in Gauteng, while fraud increased by 117% from the previous year. The most prevalent ways identity thieves access the victim’s personal information are: Phishing: Getting the victim to give...

08 March

0 Comments

Sticky

Your rights as a woman in the workplace

Posted by Hammond Pole

in Know The Law, Labour Law, Legal Advice

To mark International Women's Day, it’s worth celebrating that South Africa has one of the most progressive Constitutions in the world. Our Constitution enshrines equality, dignity and the right not to be discriminated against based on one’s gender or race. These important principles are also carried out in specific legislation such as The Employment Equity Act (EEA), The Labour Relations Act (LRA) and The Basic Conditions of Employment Act (BCEA). The Labour Relations Act, Pregnancy, and Maternity Leave The LRA stipulates that a dismissal is automatically unfair if an employee is dismissed because of any reason due to her pregnancy (whether she...

19 January

0 Comments

Sticky

Facing a Financial Emergency – Now what?

Posted by Hammond Pole

in Know The Law, Legal Advice

5 Steps to get you out of a Financial Emergency For most of us it might be inevitable to find ourselves in a financial emergency at some stage of our life. Any unexpected situation can easily lead to you feeling both blindsided and vulnerable - from a job loss to any unplanned expense such as medical, car/home repairs, or even a change in your general financial situation. The reality remains that during these emergencies there is still a financial obligation in terms of your basic needs and your creditors. Here are a few steps you can take to manage the crisis while reducing...

17 November

0 Comments

Sticky

Identity Fraud Awareness

Posted by Hammond Pole

in Know The Law

Today you are You, that is truer than true. There is no one alive who is Youer than You.” ― Dr. Seuss. This is one of my favourite quotes, but can there actually be two of you? I recently had a client who was excitedly finalising the arrangements for her upcoming wedding. We drafted her antenuptial contract and a day before she was scheduled to sign, we received a call from her marriage officer… She was a victim of identity fraud and was actually listed as married with the Department of Home Affairs. In South Africa, you are not legally allowed to...

05 November

0 Comments

Sticky

Signing documents in a foreign country

Posted by Hammond Pole

in Know The Law

Signing documents outside of the Republic of South Africa can be problematic because different procedures apply depending on the rules of the country where the documents are to be signed. Modern commerce has resulted in the exchange of documents across borders which leads to affidavits and conveyancing documents being signed in a foreign country. A typical property transfer requires various FICA affidavits, marriage declarations and a power of attorney to be signed. It is, however, a regular occurrence that the grantor or the seller, in simple terms, is either travelling or resides in a foreign country. The following needs to be kept in...

22 September

0 Comments

Sticky

Conveyancing Made Easy

Posted by Hammond Pole

in Conveyancing, Know The Law

Blog article by: Brendan Michie – Director at Hammond Pole Attorneys. Buying a property can sometimes be a cumbersome process and before you can settle into your new home, there are contracts, lawyers, and procedures that need to be dealt with. As a law firm we regularly get questions about conveyancing, how it works and why you need us. I trust the following will make this part of the home buying process just that much easier. What is a conveyancer? A conveyancing attorney is one of the most important entities in the home-buying process. The conveyancer attends to almost all property related transactions...

+27 (11) 874 1800

Navigating the Sale of Business Assets & Agreements

Demystifying VAT, Transfer Duty, and CGT in Property Transactions

Two types of terminations under debt review – and what it means for the consumer

You receive an SMS from your bank notifying you of a deposit. The payment is unexpected, and you have no idea where it came from. What is your legal responsibility?

Someone has opened a cell phone contract and a store account in my name. How should I deal with it?

Your rights as a woman in the workplace

Facing a Financial Emergency – Now what?

Identity Fraud Awareness

Signing documents in a foreign country

Conveyancing Made Easy

Additional Links

Quick Contact

Some of our clients