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1-10 | 11-20 | 21-30 | 31-40 | 41-50...Next of 635
General
John Brand facilitated Transnet negotiations
Monday, May 13, 2013
General News
Chambers Global 2013
Friday, March 15, 2013
The Chambers and Partners ranking of law firms and lawyers, Chambers Global 2013, has been released. Our firm has been ranked in Band 1 in the following eight practice areas:
General News
The Legal 500: Bowman Gilfillan ranked as a first tier firm in seven categories
Wednesday, March 13, 2013
Founded in 1987, UK-based Legalease is a leader in the provision of legal market information. Its Legal 500 series of guides reviews the strengths and strategies of law firms, providing research and law firm rankings to enable clients to identify the best firm for their requirements. Just published, The Legal 500 Europe, Middle East & Africa 2013 is an in-depth and comprehensive analysis of law firms in 63 jurisdictions.
Corporate
Getting the Deal Through - Private Equity 2013
Monday, March 11, 2013
Private equity transactions in South Africa are as varied as they are in other jurisdictions. Generally, they can be classified into three categories, namely venture capital, development capital and buyouts. Typically, partnerships (usually en commandite or limited liability), trusts and companies are the most common legal structures used as vehicles for private equity investments. In addition, captive funds of financial services players, such as insurers, play an important role in the country's private equity industry. Collective investment scheme structures might sometimes be utilised where it is possible to accommodate the relevant regulatory requirements. Certain investors (for example, pension funds) are entitled to specific and often beneficial tax treatment, in which event the transaction is structured so that gains 'flow' through the investor, so that the fund entity is 'tax-transparent'.
Employment Law
Social Media create unforeseen tension in balancing constitutional rights
Wednesday, March 06, 2013
While the founders of South Africa’s Constitution could not have foreseen the tension that social media would create for rights to privacy and to freedom of expression, a recent court ruling brings clarity to the issue of defamation on social media platforms. Rosalind Davey, partner at pan-African corporate law firm Bowman Gilfillan, commented that in the landmark decision, the South Gauteng High Court determined an application for an interdict where an allegedly defamatory comment had been posted onto Facebook. Despite repeated requests by the applicant, the respondent refused to remove the post.
Corporate
SARS appointment of retirement funds as tax agents creates dilemma
Wednesday, March 06, 2013
The appointment of retirement funds by the South African Revenue Service (SARS) as tax agents is creating a dilemma for funds trying to balance their fiduciary responsibilities towards members with the obligation of being appointed as a tax agent. Johan Kotze, Head of Tax Dispute Resolution at leading pan-African legal services group Bowman Gilfillan explained: “Many retirement funds are currently receiving tax agency appointment letters from SARS requesting funds to deduct outstanding tax from members’ pension, and to pay it over to SARS”. Johan Esterhuizen, Partner in the Pension Practice Group at Bowman Gilfillan, noted that appointments create a dilemma because the fund, the administrator and the trustees have to balance their fiduciary responsibilities towards the member with the obligation of being appointed as a tax agent.”
Corporate
WTO decision in the china restrictions case has implications for south africa’s trade policy options
Wednesday, March 06, 2013
With the rise of resource nationalism over the past decade, export restrictions have increasingly become a tool of choice among resource rich World Trade Organization (WTO) members concerned with retaining policy space to implement developmental measures in the national interest. Despite the prevalent use of export restrictions, their legality under the international trade law regime is highly contentious, especially in light of the recent WTO Appellate Body decision in the China export restrictions case. This article examines whether, and to what extent, South Africa, as a WTO member, can legally use export taxes on raw materials as a policy tool to promote local industries and international competitiveness.
Corporate
Bowman Gilfillan assists Namibian government to access South African debt capital markets
Wednesday, March 06, 2013
The Government of the Republic of Namibia paved the way for other African countries to access South African capital markets when it became the first sovereign, other than the Government of the Republic of South Africa, to issue rand denominated bonds on the Johannesburg Stock Exchange Limited (JSE) earlier this month. Bowman Gilfillan (a member of Bowman Gilfillan Africa Group), advised the Government of the Republic of Namibia and the mandated lead arrangers in connection with the precedent setting establishment of the Republic of Namibia R3 billion Medium Term Note Programme on the Interest Rate Market of the JSE on 2 November 2012, and the inaugural issue of R850 million of Senior Unsecured 8.26% Fixed Rate Notes due 19 November 2022.
Corporate
Fewer individuals in financial trouble, but more companies opt to shut shop
Wednesday, March 06, 2013
The number of insolvencies, which refers to individuals, partnerships or trusts placed under final sequestration after being unable to pay their debt, continues to fall, according to statistics released by Stats SA yesterday. Insolvencies dropped by 17.2% between January and December last year, and by 15.9% in the fourth quarter of last year compared with the same period in 2011. Adam Harris, director of the litigation department at pan-African legal services group Bowman Gilfillan, said that insolvency statistics relating to individuals and partnerships offer signs of encouragement.
Employment Law
Employers face harsh consequences for failure to use polygraph tests correctly
Wednesday, March 06, 2013
It is apparent from recent case law that there are stringent requirements for the use of polygraph tests by the employers in the context of promotions, with harsh consequences for failure to use the tests correctly.
