Company / Corporate / Compliance

Legal Insights

Director Delinquency Declarations: Managing Your Risk

Prescription, Procrastination, and Personal Liability for Corporate Debts

What Can You do When a Director Deadlock is Killing Your Company?

Directors: Here’s How to Avoid Being Sued for Company Debts

Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?

Why You Need a Shareholders’ Agreement, and How to Structure It

Directors – When Are They Personally Liable?

Directors at War: Terminating Email Access

Videos

Many entrepreneurs rush to register a company, open bank accounts, obtain tax numbers and set up structures before they've confirmed whether there's actual demand for their product or service. In this video, Bruno Simao explains why commercial feasibility should often come before business structuring, and how market testing can help you avoid unnecessary costs, compliance obligations and administrative burdens. Topics covered: • What commercial feasibility really means • Why market testing matters • When it may be appropriate to trade in your personal capacity • When a company structure becomes necessary • The risks and obligations that come with company registration • How entrepreneurs can approach business growth more strategically Whether you're launching a side hustle, consulting business, service offering or startup, understanding the difference between testing a market and building a formal business structure can save you time and money. Subscribe for more insights on business, tax, legal and property matters. Bruno Miguel Simão of Bruno Simão Attorneys https://www.brunosimaolaw.co.za/ (011) 234 0831 info@brunosimaolaw.co.za
What is a suspensive condition, and how does it affect property transactions, commercial agreements, transfer duty, and capital gains tax? In this video, Bruno Simao explains the difference between terms and conditions in contracts, with a focus on suspensive conditions commonly found in property purchases, business sales, and lease agreements. Key topics discussed: • What a suspensive condition is • How bank finance clauses work in property transactions • Why transfer duty may still be payable despite a suspensive condition • The difference between transfer duty and capital gains tax treatment • How deferred and contingent purchase prices impact CGT • Why business sale agreements often include suspensive conditions • The tax implications of uncertain future payments Understanding these principles can help property investors, business owners, accountants, and legal practitioners better manage risk and tax compliance when structuring transactions. For more legal and tax insights, subscribe to our channel. Bruno Miguel Simão of Bruno Simão Attorneys https://www.brunosimaolaw.co.za/ (011) 234 0831 info@brunosimaolaw.co.za
What is a mortgage bond in South Africa and how does it actually work? Many property buyers, investors and sellers confuse a mortgage bond with a home loan, but they are not the same thing. In this video, Bruno Simão unpacks: • What a mortgage bond is • How mortgage bonds work in South Africa • Why banks register bonds against property • The difference between a loan agreement and a mortgage bond • Whether you can take over someone else’s mortgage bond • What happens when transferring property to a company or trust • Installment sale agreements and paying off an existing bond A mortgage bond is registered at the Deeds Office as security for a loan, meaning the property cannot be transferred until the debt is settled. But can a mortgage bond be moved to another person, trust or company? And what really happens when buyers “take over” a bond? Whether you are buying property, investing in real estate, restructuring assets or navigating property transfers, understanding mortgage bonds is essential. Need legal guidance on property law, mortgage bonds or property transactions? Contact us: Bruno Miguel Simão of Bruno Simão Attorneys https://www.brunosimaolaw.co.za/ (011) 234 0831 info@brunosimaolaw.co.za
Distressed property deals can offer strong profit potential, but they come with serious legal, financial and practical risks. In this video, Bruno Simao unpacks what property investors need to know before buying distressed properties in South Africa, from sheriff’s auctions and unlawful occupiers to installment sale agreements, joint venture structures and eviction risks. Topics covered: • How to identify distressed property opportunities • Risks of buying from struggling homeowners • Sheriff auctions and below-market purchases • Bad tenants and unlawful occupiers • Why vacant properties matter in a flip • Offer to Purchase vs Installment Sale Agreements • Joint venture (JV) property deals explained • Eviction costs, delays and holding risks • How to test whether an eviction may be opposed If you are considering distressed property investing, property flips or buying properties in execution, understanding the legal risks upfront can save you time, money and costly mistakes. Subscribe for more property law, investing and legal insights from BSA Law. Bruno Miguel Simão of Bruno Simão Attorneys https://www.brunosimaolaw.co.za/ (011) 234 0831 info@brunosimaolaw.co.za
What is the best entity to run a business in South Africa? Many business owners register a structure without fully understanding the legal, practical and tax implications. In this video, we unpack the differences between companies, trusts and partnerships, and why the Companies Act often makes a company the preferred vehicle for conducting business. We also discuss: • Why trusts can be difficult to manage in practice • The risks of personal liability in partnerships • What a Small Business Corporation (SBC) really means • How turnover tax works and when it may benefit a business • The tax traps business owners should watch out for If you are starting a business, restructuring, or simply reviewing whether your current setup still makes sense, this video will help you better understand your options. Subscribe for more practical legal insights. Bruno Miguel Simão of Bruno Simão Attorneys https://www.brunosimaolaw.co.za/ (011) 234 0831 info@brunosimaolaw.co.za
A quick reminder for landlords and property investors: proper tenant vetting is not optional. We have recently seen a number of cases where opportunistic tenants exploit legal protections designed for vulnerable people. They make promises, sometimes even pay upfront, but without proper screening, landlords can face serious challenges later. Before placing a tenant: • Verify affordability • Check references properly • Confirm rental history • Do your due diligence Poor vetting today could become a costly legal problem tomorrow. Vet your tenants here: https://screenings.preferental.com/secure/register/landlord/?ref=68397f6672c62f306a1eed7e_65fd2cea Bruno Miguel Simão of Bruno Simão Attorneys https://www.brunosimaolaw.co.za/ (011) 234 0831 info@brunosimaolaw.co.za
SAPIN Pretoria members gathered at the Absa Home Loans Menlyn office for a morning of property conversations around investment strategy, finance solutions, buy-to-let opportunities, and current market insights. Colet Swiegers from BSA Law alongside Daniel Kazadi. Bruno Miguel Simão of Bruno Simão Attorneys https://www.brunosimaolaw.co.za/ (011) 234 0831 info@brunosimaolaw.co.za
After speaking to Absa Wealth clients, Bruno Simao shares an important perspective on the connection between business structuring, succession, and estate planning. Many founders build businesses that rely heavily on them personally, without considering whether the business can eventually operate independently, grow in value, or create a meaningful exit opportunity. In this short discussion, Bruno touches on why estate planning cannot be separated from the way a business is built and managed over time. Bruno Miguel Simão of Bruno Simão Attorneys https://www.brunosimaolaw.co.za/ (011) 234 0831 info@brunosimaolaw.co.za
Proposed changes to eviction law in South Africa often trigger panic, especially for landlords and property investors. In this video, Bruno Simao breaks down the latest proposed eviction bill and what it could actually mean in practice. We cover the key amendments, including: -“Just and equitable” treatment for all occupiers -The removal of the six-month distinction -The addition of the Department of Human Settlements in eviction proceedings -Potential compensation for improvements made by unlawful occupiers Most importantly, we unpack what is still proposed, what may change, and why landlords using the correct lease agreements and processes are still protected. If you’re a landlord, investor, or involved in rental property, this is a grounded, practical look at what’s changing and what is not. Stay informed, not reactive. Bruno Miguel Simão of Bruno Simão Attorneys https://www.brunosimaolaw.co.za/ (011) 234 0831 info@brunosimaolaw.co.za
Subscribe

Downloads

Brochure - Educational (ver. 1.2)
Phases of evictions
Conveyancing flow diagram