Changes to Maryland General Corporation Law and Maryland Reit Law effective October 1, 2024

by | Oct 14, 2024 | JCCL, JCCL V9 I2

Changes to Maryland General Corporation Law and Maryland Reit Law effective October 1, 2024

Authors: James J Hanks Jr, Patsy McGowan, Michael A Leber

ISSN: 2521-2575
Affiliations: Partner, Venable LLP
Source: Journal of Corporate and Commercial Law & Practice, Volume 9 Issue 2, 2023, p. 71 – 74
https://doi.org/10.47348/JCCL/V9/i2a5

Abstract

During its 2024 session, the General Assembly of Maryland approved Senate Bill 400 and House Bill 749, amending several provisions of the Maryland General Corporation Law (the ‘MGCL’) and the Maryland REIT Law (the ‘MRL’), which are now codified as Chapters 609 and 608 of the Laws of Maryland 2024, respectively. The General Assembly also approved House Bill 888 and Senate Bill 544, amending certain provisions of Title 2, Subtitle 7, of the MGCL relating to the ratification of defective corporate acts, which are now codified as Chapters 605 and 604 of the Laws of Maryland 2024, respectively. The legislation will take effect on 1 October 2024. Here are the key provisions (all section references are to the MGCL unless otherwise noted).

A legal conspectus of selected challenges affecting financial inclusion for the poor and low-income earners in South Africa – Professorial inaugural lecture presented by Howard Chitimira, research professor at the North-West University, Mahikeng Campus, held on 21 October 2022

by | Oct 14, 2024 | JCCL, JCCL V9 I2

Oration Speech: A legal conspectus of selected challenges affecting financial inclusion for the poor and low-income earners in South Africa – Professorial inaugural lecture presented by Howard Chitimira, research professor at the North-West University, Mahikeng Campus, held on 21 October 2022

Author: Phemelo Magau

ISSN: 2521-2575
Affiliations: University of Pretoria
Source: Journal of Corporate and Commercial Law & Practice, Volume 9 Issue 2, 2023, p. 75 – 77
https://doi.org/10.47348/JCCL/V9/i2a6

Abstract

None

Financial inclusion and digital transformation regulatory practices in selected SADC countries: South Africa, Namibia, Botswana and Zimbabwe. Howard Chitimira and Tapiwa Victor Warikandwa (Eds)

by | Oct 14, 2024 | JCCL, JCCL V9 I2

Book Review: Financial inclusion and digital transformation regulatory practices in selected SADC countries: South Africa, Namibia, Botswana and Zimbabwe. Howard Chitimira and Tapiwa Victor Warikandwa (Eds)

Author: Elfas Torerai

ISSN: 2521-2575
Affiliations: Postdoctoral Research Fellow, North West University
Source: Journal of Corporate and Commercial Law & Practice, Volume 9 Issue 2, 2023, p. 78 – 83
https://doi.org/10.47348/JCCL/V9/i2a7

Abstract

None

The balancing act continues: Recommendations for reform of the National Credit Act 34 of 2005

by | Oct 13, 2024 | SAMLJ, SAMLJ V35 I3

The balancing act continues: Recommendations for reform of the National Credit Act 34 of 2005

Author: Bronwyn Le-Ann Batchelor

ISSN: 1996-2185
Affiliations: Head of Faculty: Law at the Independent Institute of Education
Source: South African Mercantile Law Journal, Volume 35 Issue 3, 2023, p. 241 – 272
https://doi.org/10.47348/SAMLJ/v35/i3a1

Abstract

Through the enactment of the National Credit Act 34 of 2005 (‘NCA’), the government has focused on the protection of consumers with regard to credit agreements. Legislative protection is necessary due to the parties’ unequal bargaining power at the agreement’s conclusion. Despite these endeavours, there is still the common occurrence of a breach of the agreement by consumers and the ensuing recovery process by credit providers. The equitable balancing of the rights and responsibilities of the parties is essential to the well-being of the parties, the credit industry and the economy. The pre-enforcement procedure is at the centre of the tug of war between the parties. Section 129 of the NCA encapsulates the pre-enforcement procedure and thus determines the balancing of the parties’ rights and responsibilities through its interpretation and application. The section falls short in a number of areas and has resulted in disputes, interpretations and two subsequent amendment acts. This article critically analyses section 129 and determines if the rights of both parties have been equally protected, with reference to the burden of bringing the section 129 notice to the consumer’s attention, based on two schools of thought. The article then contributes to the balanced interpretation of the section by way of amendment recommendations.

The application of the Compensation for Occupational Injuries and Diseases Act on impairment caused by sexual harassment

by | Oct 13, 2024 | SAMLJ, SAMLJ V35 I3

The application of the Compensation for Occupational Injuries and Diseases Act on impairment caused by sexual harassment

Author: Kamalesh Newaj

ISSN: 1996-2185
Affiliations: Associate Professor: University of Pretoria
Source: South African Mercantile Law Journal, Volume 35 Issue 3, 2023, p. 273 – 297
https://doi.org/10.47348/SAMLJ/v35/i3a2

Abstract

This article addresses the question of whether a sexually harassed employee has recourse to the Compensation for Occupational Injuries and Diseases Act 130 of 1993. This is dependent on whether injuries or diseases sustained as a result of sexual harassment can be regarded as injuries or diseases that arise out of and in the course of employment. A very restrictive test has been developed to answer this question, which is whether the act giving rise to the injury or disease, in this context sexual harassment, can be regarded as a risk inherent to the work performed by the employee. The test focuses on the duties performed by the employee and the risks that are ordinarily inherent in the performance of those duties. Sexual harassment will generally not be regarded as a risk inherent to the performance of a job and is therefore discounted as an occupational injury or occupational disease. However, the courts’ approach is criticised for failing to interpret important social security legislation in line with international standards and in a purposive manner that gives effect to the constitutional right afforded to everyone to access social security.