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Did you know?

3/28/2017

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It is not advisable to draw up contracts yourself or rely on ‘off the shelf’ contracts that you can find on the internet these days. Each contract is different and unique, and requires the services of an Attorney. This will ensure that many future problems can be avoided and that your rights and interests are protected at all times. If the person or Company that you have contracted with is in breach of contract, you will urgently require the services of an Attorney. Avoid problems before they arise by consulting with an Attorney when signing any important contracts.

So what is a contract?
A contract is a legally binding agreement enforceable in a court of law

Have you ever been in a situation where you were asked to stand surety for someone, you should think carefully and seek legal advice, it is important to understand the risks and consequences of this legally binding agreement.

e.g. of where a contract would be a good idea....
  • Sale of goods, e.g. a car, boat, motorcycles etc.
  • Lease agreements with tenants. If you should have a problem and need to evict, you would need to have this contract handy.
  • Employment contracts, yet another e.g. of a contract you cannot be without.
  • Partnership agreements
  • Contract to suppliers or to your buyers
Please feel free to contact me if you need any contracts drawn up for your business or for yourself.

By Tim van Rooyen
0817874404
[email protected]
www.timvanrooyenatt.co.za

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QR for your business

3/24/2017

2 Comments

 

So what is a QR Code?

Picture
This is such a great way of getting your contact details out there to your clients without them having to type it into their contact list.
All you need to do is get yourself onto a QR code generator and get going.
With this tool on my letterheads and business cards, my clients can scan the 2D barcode and my contact details will be added to their smart phone or device.
You can get one of these on www.qrstuff.com it is a free QR generator site.
Good Luck!
Go ahead and save my details, you never know when you might need it.
Tim van Rooyen & Associates Attorneys
0817874404
www.timvanrooyenatt.co.za
ASR Search Engine
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Drinking and Driving

3/20/2017

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1. You will be arrested for being over the limit

Arrive Alive states that the legal alcohol limit of 0,05g/100ml is exceeded after just two standard beers. 
If you are suspected of driving over the limit, you will be Breathalysed. 

2. Your blood will be taken
If the Breathalyser tests positive, you will be taken into custody and sent for further testing at an alcohol testing centre.
A registered nurse will take a blood sample from you. The sample will be securely stored and transported by the police to a laboratory.

3. You will be detained
Once you have been arrested you will be taken to a police station, where you will be detained in the holding cells for at least four hours to sober up.
A docket will be opened and you will be allocated an investigating officer who will follow up your blood test results.
Now would be a good time to alert family or friends to your arrest, if you haven't done so already. If you do not have a phone, you will be permitted to use one at the station. This will also be the best time to have my number on your phone or to call me for assistance.

4. Bail
The bail amount for driving under the influence varies depending on the jurisdiction of the police station.

5. You car will not be impounded
If you have been arrested for drunk driving, you car will be taken to the police station. Your keys will be held and returned to you once you have been processed and paid bail.

If you ever find yourself or a loved one in this situation you can call me on 0817874044 to assist you through this process.
Tim van Rooyen & Associates Attorneys Port Elizabeth


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Unlawful Arrest

3/20/2017

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What Are Your Rights?
The detained or accused person, who is arrested for allegedly committing an offence, has the right to remain silent and not to be compelled to make any confession or admission that could be used in evidence against that person. Due to the presumption of innocence, every person is regarded as innocent until properly convicted by a court of law. An accused person does not have to prove that he is innocent. The burden to prove the guilt of the accused rests on the state.

An accused can never be forced to testify; an accused can remain silent even if his answers would not be self-incriminating. A person who exercises his right to silence at his trial should accordingly not be penalised for the exercise of the right as such; no adverse inference should be drawn against his decision not to testify.

You have the right to:

  • Legal representation
  • A fair trial
  • Have a public trial before an ordinary court of law
  • Bail
  • Be informed of the charges against you
  • A fair and impartial hearing before a court of law

At Tim van Rooyen & Associates 
We provide expert criminal defence services and can help you when you find yourself on the wrong side of the law, for example:

 Bail Applications ( Police bail and formal bail applications ) ,  need to get out of custody urgently? We provide professional services in getting you out of custody and are available 24/7.  

Drunk and Driving, we are experts in litigation when you have had a bit to much. 

Criminal Litigation, we provide professional and experienced criminal litigation attorneys that can assist you in protecting your rights and defending you passionately.   
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10 need to know facts  about South African private companies.

3/17/2017

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  1. In South Africa a company is recognised as a legal entity separately from its shareholders. Any claims arising from the company’s activities would be brought against the company itself and not against its holding company or shareholders. The statutory liability of a shareholder in a private company is limited to its respective capital contributions to the company.
  2. There are no minimum capital requirements for South African companies. Companies can be formed with nominal share capital and funding can be provided by way of cash, assets or services subject to transfer pricing and exchange control requirements in the case of foreign investment.
  3. A company’s constitutional document is known as its memorandum of incorporation (MOI). A provision in the MOI is void to the extent that it is inconsistent with the Companies Act 2008. Furthermore, the company’s MOI will prevail if a provision is inconsistent with a provision in any agreement between its shareholders.
  4. The Companies Act provides that a private company must have a minimum of one director. 50% of the directors (including alternative directors) must be elected by the shareholders but commonly shareholders will agree in their shareholders agreement to vote in favour of each shareholder’s nominees. A person who is ineligible or disqualified must not be elected, act or continue to act as a director of a company. A director can serve for an indefinite term and need not be a South African resident or citizen.
  5. A public officer must be appointed for every company that is carrying on business or has an office in South Africa within 30 days of commencing business. The role of the public officer is predominantly to liaise between the company and the South African Revenue Service (SARS) regarding the company’s tax obligations.
  6. A company must obtain exchange control approval before it remits funds out of South Africa, for example interest payments and dividends. The foreign shareholder’s share certificate must be endorsed “non-resident”. Approval must be obtained before the company obtains funding from a non-resident, such as a foreign shareholder.
  7. A South African private company will most likely be a tax resident in South Africa and subject to income tax at a rate of 28% and capital gains tax at a rate of 18.6%. A withholding tax of 15% will be levied on any dividends and interest paid by the company to its foreign shareholders unless reduced by the application of a Double Tax Agreement between South Africa and the country in which the foreign shareholder is tax-resident. A private company and its sole shareholder are “connected persons” in relation to each other and so transactions and the transfer of goods or services between them will be regulated by the transfer pricing provisions of the Income Tax Act 1962.
  8. A company conducting certain business activities in South Africa (for example construction, electronic communications, energy, financial services, mining, real estate and activities impacting the environment) may require licences or other forms of authorisation. In addition, industry specific laws and regulation will apply to companies operating within those industries for example the Banks Act 1990 and Financial Advisory and Intermediary Services Act 2002.
  9. There is no requirement that any of the shareholders of a company must be resident in South Africa. There are Black Economic Empowerment (BEE) policies in terms of the Black Economic Empowerment Act 2003 and also sector specific legislation for example the Mineral and Petroleum Resources Development Act 2002. In terms of BEE requirements, there may be commercial incentives and requirements to consider when establishing a company and conducting business in South Africa. Furthermore, a company may need to obtain various permits to trade in particular sectors, for example the financial, mining, construction, property, agricultural and communication sectors. These sectors also have industry-specific BEE requirements.
  10. A private company is required to comply with ongoing administrative requirements set out in the Companies Act including filing annual returns and preparing annual financial statements. Mergers and acquisitions are governed by the Companies Act and the Competition Act and if listed, the JSE Listings Requirements.
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    Timothy van Rooyen Port Elizabeth Attorney, He has extensive knowledge in the industry, specialising in Divorce Law.

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Contact:

Office address: 58 Roosevelt Road, Glendinningvale, Gqeberha, 6001
www.timvanrooyenatt.co.za
[email protected]
Tel. 041-0040086
​After Hours Tel.  081 787 4044
Fax: 086 670 4872

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Tim van Rooyen & Associates

Port Elizabeth Lawyer/Attorney
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