Legal
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What Is Business Rescue in South Africa?
Quick Answer What Is Business Rescue in South Africa? Business rescue is a legal process under Chapter 6 of the Companies Act: a financially distressed company gets a temporary freeze on creditor claims while an appointed practitioner restructures the business to save it – or at least achieve a better outcome than immediate liquidation. What this means in plain language The company is “financially distressed” when it cannot pay its debts as they fall due, or is likely to hit that wall within six months. Rescue pauses enforcement, puts a practitioner in charge of a rescue plan, and gives creditors a vote on it. Timing is everything: directors who act…
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How to Register a Trademark in South Africa
Quick Answer How to Register a Trademark in South Africa Register a trademark at CIPC‘s trademarks office: search the register for conflicts, file form TM1 in the correct classes of goods or services (about R590 per class), wait for examination and advertisement, and receive 10-year renewable protection. Company registration alone does not protect your brand. What this means in plain language A trademark is the only real fence around a brand name or logo. Your CIPC company name stops another company registering the same name – it does nothing against a competitor trading under it. Trademarks are registered per class (45 classes cover all goods and services). A clothing brand…
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What Is POPIA and Does It Apply to My Small Business?
Quick Answer What Is POPIA and Does It Apply to My Small Business? POPIA (the Protection of Personal Information Act) governs how businesses collect, store and use personal information. It applies to every South African business – there is no small-business exemption. The basics: a privacy policy, minimal data collection, reasonable security, and deletion when no longer needed. What this means in plain language If you keep a customer WhatsApp list, employee files or a debtor spreadsheet, you process personal information and POPIA applies. The Information Regulator can fine non-compliance – and customers increasingly ask. Practical POPIA for a small business is not a legal marathon: tell people what you…
