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NEWSFLASH ~ NEW COMPANIES ACT

With the enactment of the new Companies Act (the Act) there is an obligation on all existing companies to ensure that their governing documents are compliant with the Act. Under the 1973 Act a company’s governing documents were the Memorandum and Articles of Association and in most cases a shareholders’ agreement which ultimately prevailed over the Memorandum and Articles of Association.

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NEWSFLASH – DIESEL REFUND ISSUE

The diesel refund system is primarily regulated by the provisions of the Customs & Excise Act No.91 of 1964 and in particular Schedule 6 , Part 3, note 6 thereof. Note 6 (ij) sets out specific provisions relating to Commercial Fishing.

The SARS letters set out proposed adjustments to diesel refunds previously granted. The adjustments are generally based on the SARS contention that the claimant does not engage in qualifying activities. The alleged ground for this contention is that the claimant “is not the holder of any fishing permits” and that this is a requirement in terms of the said Schedule 6 ,Part 3.

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INS AND OUTS OF BUYING A FISHING BUSINESS

If one is in the market to buy a fishing business it would be advisable to keep in mind the following guidelines.

Generally the sale of a business will have its own peculiarities and industry norms depending in which sector one is involved. However, the bare essentials underpinning the transaction are generally the same. Let us explore the main ingredients of these sales and in particular those peculiar to the fishing industry.

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