Silvertree Group

23/08/2025

Another incredible Silvertree Women’s Day event hosted by Allan Gray with inspirational speakers: Siobhan Simpson of Ninety One, Refqah Ho-Yee of STBB and Tamryn Lamb of Allan Gray …

18/06/2025

NEWSFLASH | In a positive development for economic growth and investment, National Treasury announced on Friday that South Africa has taken a major step towards being removed from the FATF grey list after completing all 22 action items set out in its 2023 Action Plan.

At STBB, we celebrate this momentous progress and look forward to supporting our clients with smoother cross-border transactions and other business dealings.

For comprehensive legal guidance, contact us at [email protected].

Read our full article here: https://stbb.co.za/newsflash-sa-on-the-brink-of-grey-list-exit/

13/10/2023

Do I need a Will?

Yes! To ensure that your estate devolves efficiently, cost-effectively and with minimal delay upon chosen beneficiaries, it is important that you draw up a valid Will assisted by a suitably qualified professional.

Apart from the nomination of heirs and the appointment of an executor to administer your estates, various additional aspects may have relevance for you, such as:
- Whether there is sufficient liquidity in your estate to settle your debts, taxes and estate administration costs and to provide for the financial security of your family. If insufficient, how can this be remedied?
- The appointment of a guardian for minor children.
- Whether your business interests will be adequately protected upon your death.

Seek the best professional assistance to identify any problem areas, investigate solutions and achieve the peace of mind knowing that you have done everything to make sure your loved ones are taken care of when you are no longer around.

Contact us at [email protected]

16/08/2023

13/04/2023

We have worked with entrepreneurs at various stages of the lifecycle of their business and often get the question. When or how do I exit or sell my business?...

10/04/2023

Memorandum of Incorporation - It is a document that sets out the rights, duties and responsibilities of shareholders, directors and other persons involved in a company. Every company registered in South Africa must have an MOI.

A company’s MOI is filed with the Companies and Intellectual Property Commission (CIPC). A company’s MOI is the sole governing document of the company. It is binding between the shareholders themselves (if there is more than one), and between the company and each director or prescribed officer.
There are many different types of MOIs. But they can, to some extent, be categorised as a default, altered or unique MOI.

- Default MOIs
A default memorandum (or a “short form memorandum”) is one that follows the CIPC-prescribed, standard form CoR15.1a. Sometimes the actual prescribed form is used, but this is not compulsory. You do not have to use the CIPC-prescribed or standard form. You will use a default MOI if the default provisions from the Companies Act apply. It does not alter any of the alterable provisions of the Companies Act, 2008. In many ways it is just an account of the alterable provisions in the Companies Act.

- Altered MOIs
An altered memorandum (or a “long form memorandum”) is often based on the CIPC-prescribed or standard form CoR15.1b. Again, the prescribed form is sometimes used, but this is not compulsory. You do not have to use the standard form. You will use an altered MOI if you want to alter the alterable provisions of the Companies Act. You should always consider whether you want to alter any of these provisions.

- Unique MOIs
A unique memorandum is unique to the company. Is not based on the CIPC prescribed or standard forms. It is tailored to meet the specific requirements and needs that the founders of the company have in mind and often involves provisions detailing shareholder protection.

For more information, please contact [email protected]

14/09/2022

Remedies for breach of contract.

Knowingly or unknowingly, we enter into contracts on a daily basis and in almost every transaction we do from paying a parking ticket, to going to the store for groceries, and even in having accepted a job offer. Deciding on the most suitable and profitable type of remedy to a breach of contract is an exercise that is dependent on the type of breach in question. It may be the case that, in some instance, a breach is not so material to warrant a cancellation, but serious enough to cause damages. In such a situation, it would be suitable to retain what you have received and merely claim damages.

Yasmina Griesel explains in our blog below:
https://www.schoemanlaw.co.za/remedies-for-breach-of-contract/

Book an appointment online here and get us in your corner: [email protected]/bookings/" rel="ugc" target="_blank">https://outlook.office365.com/owa/calendar/[email protected]/bookings/

06/09/2022

A trust is an arrangement through which property is, by virtue of a trust instrument, transferred to a trustee or trustees to be administered for the benefit of beneficiaries. The relevant parties to a trust are the founder, the trustees and the beneficiaries.
There are two main categories of trusts, namely a testamentary trust and an inter vivos trust. The former is created in a testator’s Will and comes into effect after his or her death. An inter vivos trust or living trust, is created during the lifetime of a person by way of an agreement between the founder and the trustees, referred to as a trust deed.
In order to set up a trust, the founder must agree to transfer property to the trustee or trustees and the trustees in turn must conclude an agreement to administer the trust assets for the benefit of the beneficiaries. All of this is captured in the trust deed, which must be carefully drafted. The trust will be registered at the office of the Master of the High Court in the area where the founder of the trust resides. The following documents, among others, must be lodged with the Master:
1. Two copies of the trust deed;
2. Acceptance of appointment by the trustees; and
3. Copies of the identity documents of the trustees.

29/06/2022

Donations tax is levied at a rate of 20% on the aggregated value of property donated not exceeding R30 million, and at a rate of 25% on the value exceeding R30 million.
Certain donations are completely exempt from donations tax, for example:

• A donation made to a spouse; an approved public benefit organization; any sphere of government; a donation which is cancelled within six (6) months from the date that it took effect.
• In the case of a donor who is not a natural person (for example, companies and trusts), the exemption is limited to casual gifts not exceeding R10 000 per year of assessment.
• The first R100 000 of property/money donated in each year of assessment by a natural person is exempt from donations tax.
• A certain amount of any bona fide contribution made by the donor towards the maintenance of any person. This exemption is limited to what the Commissioner considers reasonable.

10/06/2022

How can I grant someone my Power of Attorney and what are the limitations? A Power of Attorney is granted by one person in favour of another (usually a trusted family member, friend or professional) and is signed by the person granting the Power of Attorney. The person nominated to act in terms of such document does not also need to sign in acceptance. It is important to note that a Power of Attorney is only valid whilst the person granting power is of sound mind. If a parent or anyone else for that matter is not capable of conducting their own affairs, a curator will need to be appointed to oversee their financial affairs, which is a High Court Application. Similarly, where a person previously granted Power of Attorney but is no longer of sound mind, such power will be invalid.
Should the Power of Attorney need to be signed abroad, be aware that there are specific requirements for authentication of documents outside the borders of the Republic of South Africa. For more information, visit our website at stbb.co.za

10/05/2022

When planning your estate, it is always a good idea to put together a "life file". What do we mean when we say a life file?

Well, when passing, your loved ones and your executor will have to step into your shoes, so to speak, and ensure that all of your affairs are finalised and sorted out. This includes all of your accounts that will have to be closed. In today's online world it is definitely of importance to save your passwords, and in the case of a life file to make sure that someone has access to the passwords.

Leaving all of your affairs to your loved ones to sort out can be overwhelming and one wouldn't want to add the burden of them not being able to locate documents, important emails and access accounts because no one knows what the password is.

Our estate planning tip for today is this: SAVE YOUR PASSWORDS! And more importantly, make sure that someone knows where to access them.