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2018 Webinar: Company Formations and Terminations / Liquidations
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2018/07/13
When: 13 July 2018
From 9:00am until 11:00am
Where: Online Webinar
South Africa
Contact: Thabelo Raivhogo
0129410416


Online registration is closed.
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Overview

Most businesses operate in the form of a company. Accordingly, practitioners must know the tax and basic commercial / company law implications associated with company formations and terminations / liquidations (especially issues relating to creditor rights in relation to the latter). This session provides a practical background to these issues.


Course Content

Introduction

  • Corporate structuring 101
  • Pre-incorporation absolutes
  • Interaction of applicable laws
  • Auditors’ and Directors’ risks
  • Dissolvement

Corporate structuring and asset protection 101 – A comparison

  • Sole Proprietor
  • Partnership
  • Close Corporation
  • Company
  • Trust
  • Holding company Structures

Pre-incorporation absolutes

  • Variables
  • Protection of minority shareholders
  • Rights of minority shareholders
  • Lions agreements
  • Structure in place
  • Share Issue

Anton Rupert - 7 Pointers

  • Homework x 3
  • Cross the river
  • Management
  • Marketing
  • Pricing

Company terminations

The relationship between old-co Act, New-co Act, CC Act, Insolvency Act

  • Insolvency Act 1936
  • Old Companies Act 1973
  • Close Corporations Act 1984
  • New Companies Act (2008)
  • Rescue – Chapter 6 (Sec 128 tot S154)
  • Pension Funds, Banks, Statutory Organisations

13 Manners in which a company can be dissolved

  • Resolutions (3)
  • Court Applications (3)
  • Formal Rescue (3)
  • Deregistration (2)
  • Non-commencement of Business (1)

Auditor’s liability

  • Assisted Taxpayer in avoiding or unduly postponing any due obligation ITO any tax act
  • Caused the above by negligence
  • Contravened the Controlling Body’s rules of code of conduct
  • Acted without due diligence in preparation, submission or approval of documents
  • Unreasonably delayed finalization of a matter
  • Gave an opinion contrary to clear law
  • Acted recklessly or in gross incompetence
  • Knowingly gave false or misleading information
  • Attempted to influence a SARS official by false accusation, duress, coercion, or by offering gratification

Director’s liability - liquidation

  • Fraud and gross negligence
  • Piercing or lifting of the corporate veil
  • Signed surety
  • SARS – Sect 154 and 155 of Tax Administration Act (TAA)
  • Liquidation Under Sect 350 and 351

Presenter

Danie Potgieter

Danie Potgieter Attorneys


Event Investment

This webinar is not covered by any CPD Subscription package

Member: R375

Non-member: R455

Company Price: R860


Payments & Cancellations

  • All payments must be made by EFT or by credit card, at least 3 working days before commencement of an event.
  • Kindly note that should payment not been received 2 days after the event, legal action will be taken
  • Proof of payment will be requested at registration, if payment at that point in time has not been reflected on SAIT's bank account.
  • Only written notice of cancellation will be recognised.
  • Conditions:
    • If the cancellation occurs more than 4 working days prior to the event no cancellation fee will be charged.
    • If the cancellation occurs less than 4 working days prior to the event a 100% cancellation fee will apply.
  • Delegates who book and fail to attend will be liable for the full event fee.
  • SAIT's liability in the case of an event being cancelled will be limited to a refund or credit of the event fee.
  • Please click here for the full terms and conditions.

 

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