Brett Bentley

The Legalities of Agreements and Suretyships Signed Electronically

The Legalities of Agreements and Suretyships Signed Electronically Contracting in the Digital Age One of the few benefits of the COVID-19 Lockdown is that it has speeded up the adoption of the so-called digital or electronic contracting. While this form of contracting is already the norm in many instances, the challenge is, and always will …

The Legalities of Agreements and Suretyships Signed Electronically Read More »

Does your Business have to Register as a Credit Provider in terms of the National Credit Act?

In this video, Brett Bentley explores the registration requirements for a business tobe required to register as a credit provider in terms of the befuddling SouthAfrican National Credit Act. Section 40 (1) of the National Credit Act , “ A person must apply to be registered as a credit provider if the total principal debt …

Does your Business have to Register as a Credit Provider in terms of the National Credit Act? Read More »

How is a Surety’s Right of Recourse Affected by the Business Rescue of the Principal Debtor?

Business Rescue and Suretyships With the introduction of business rescue in terms of Chapter 6 of the Companies Act No. 71 of 2008, one of the areas of contention has been its affect on the suretyships of the company in business rescue. The legal consensus seems to have been reached that: although a suretyship is …

How is a Surety’s Right of Recourse Affected by the Business Rescue of the Principal Debtor? Read More »