Thomson Wilks Incorporated Attorneys Head Office

You want to make the move and join a distributed model law firm, but how do you know if it is the right fit for you? While moving over to being a remote consultant attorney is beneficial in so many ways, it won’t suit everyone. The ideal candidate is: - A rainmaker and deal broker - Has an independent driven personality - Someone with connections to prime and even more ideally has existing clients - Wants to set their own hours and cut their overheads If this is for you, we invite you to send an email to keri@thomsonwilks.co.za today and let’s get started! #thomsonwilksincorporatedattorneys #law #lawfirm #lawyers

HAPPY NEW YEAR FROM THOMSON WILKS INC! Wishing all our clients, colleagues, and partners a prosperous and successful 2025! We’re excited to start the year with you and look forward to continuing to provide exceptional legal services. Please note that our offices will reopen on Monday, 6 January 2025. We’re ready to assist you with all your legal needs in the year ahead. Here’s to a fresh start and a year filled with new opportunities! #HappyNewYear2025 #LegalExcellence #NewYearNewGoals #ThomsonWilks #HappyHolidays #2025Ready #ThomsonWilksInc #ThomsonWilksAttorneys

Are you ready to step into the New Year with purpose and elevate your legal career? Take control of your professional future by joining our distributed model law firm – a flexible, innovative approach to legal practice. Why Choose a Remote Consultant Attorney Role? This opportunity is perfect for ambitious legal professionals looking to take their career to the next level: • Rainmakers and Deal Brokers: Proven ability to generate business and close deals. • Independent and Goal-Driven: Thrive working autonomously with a focus on success. • Established Networks: Leverage your existing connections and client base. • Flexibility and Freedom: Set your own hours, reduce costs, and achieve work-life balance. Start the year on your terms, with the backing of a forward-thinking, dynamic legal team. Email us at info@thomsonwilks.co.za to explore how you can join Thomson Wilks Incorporated Attorneys today. 2025 is yours to shape – make it count! #OwnYourFuture #LegalCareers #NewYearNewOpportunities #RemoteLawyers #FlexibilityInLaw #2025Ready #ThomsonWilksInc #ThomsonWilksAttorneys

BANKING DISPUTES MADE SIMPLE: HOW THE NATIONAL FINANCIAL OMBUD SCHEME CAN HELP YOU Have you ever encountered a frustrating issue with your bank in South Africa? Maybe you've been hit with unexpected banking fees, or perhaps there's been a mix-up with your account. If you've tried resolving the problem directly with your bank and gotten nowhere, you're not alone. Thankfully, South African consumers have a powerful resource at their disposal: the National Financial Ombud Scheme South Africa. The National Financial Ombud Scheme South Africa (NFO) is an independent dispute resolution body established to, among other things, help resolve disputes between banks and their customers. They offer a free, fair, and efficient way to reach a solution without resorting to lengthy and expensive legal battles. The NFO is an umbrella Financial Services Ombud scheme formed by the amalgamation of four separate previously existing South African Ombud Schemes: (1) the offices of the Banking Ombud; (2) the Credit Ombud; (3) the office of the Long-term Insurance Ombud; and (4) the Short-Term Insurance Ombudsman. How Does the NFO Work? 1. Before submitting a compliant, you must first contact your bank and attempt to resolve the issue with your bank first, before approaching the NFO. 2. If unsuccessful in resolving the dispute with your bank or if you are unhappy with the outcome, you can utilise the services of the NFO. You can lodge a complaint online or by phone. Be sure to have all relevant documentation ready, such as bank statements and any communication you've had with your bank regarding the issue. You will also be required to provide such further information as may be required by the NFO. 3. After receiving a complain the NFO investigates your complaint. They'll gather information from both you and the bank to understand the situation fully. The NFO will ask the bank for a written response to your compliant and you will be afforded the opportunity to respond to the bank’s response. Once the NFO has completed an investigation it may issue a ruling or make a recommendation. 4. The NFO aims for a resolution and does allow the parties to the complaint to reach a settlement during the process even before the NFO makes a ruling or recommendation. However, if you are not satisfied by the outcome of the recommendation or ruling made by the NFO you will be entitled to appeal the ruling to the Appeal Tribunal. Be aware that the bank will have the right to also appeal the ruling of the NFO. Read our full article here: www.thomsonwilks.co.za Should you need legal assistance, please give us a call on 011 784 8984. #BankingOmbudsman #SABankingRights #FinancialDisputeResolution #FreeBankingHelp #SpeakToUs #Banking #Consumers #SouthAfrica #MasteroftheHighCourtSA #DeceasedEstatesSA #TrustsSA #InsolvencySA #EstatePlanningSA #ThomsonWilksInc #ThomsonWilksAttorneys Source: https://lnkd.in/g8hqWjGa

DEMYSTIFYING THE MASTER OF THE HIGH COURT: YOUR GUIDE TO DECEASED ESTATES AND TRUSTS The Master of the High Court in South Africa is a pivotal figure responsible for overseeing the administration of deceased estates, trusts, and insolvencies. This judicial officer plays a crucial role in ensuring that the assets of the deceased are managed and distributed in accordance with the law. The Master's Offices are strategically located across various provinces, including Bloemfontein, Cape Town, and Johannesburg, among others. These offices operate under the guidance of specific Acts such as the Administration of Estates Act, the Insolvency Act, and the Trust Property Control Act. The Master’s Offices and their specialised staff, are dedicated to efficiently handling matters related to deceased estates, trusts, and insolvencies. They work closely with legal professionals, accountants, and financial institutions to ensure the fair and rapid settlement of these affairs. Additionally, the Master's Office serves as a custodian for minors and individuals deemed legally incapable, safeguarding their financial and proprietary rights. With an expanding scope of duties, the Master's Offices are increasingly involved in advising individuals from diverse backgrounds on estate matters. While the Master of the High Court plays a critical role in safeguarding beneficiaries' interests, challenges such as staffing shortages and backlogs have been observed in recent years. Efforts are underway to address these issues, including digitisation initiatives and investigations to enhance efficiency and transparency. Individuals interacting with the Master's Offices are encouraged to seek professional assistance when needed, ensuring a smooth and compliant process. To initiate contact with the Master of the High Court regarding deceased estates, it is essential to locate the appropriate office based on the deceased's last residential address. Online resources and the National Call Centre can assist in identifying the relevant Master's office. When reaching out to the office, having essential documents such as the death certificate, will, and asset/liability details readily available is crucial for a streamlined process. The Master of the High Court in South Africa serves as a pillar of support for individuals navigating the complexities of deceased estates, trusts, and insolvencies. By understanding the role and functions of the Master, beneficiaries can ensure that their rights are protected and their affairs are managed efficiently and transparently. Should you require any assistance with estate planning or liaising with the Master’s office, feel free to give us a call on 011 784 8984. #MasteroftheHighCourtSA #DeceasedEstatesSA #TrustsSA #InsolvencySA #EstatePlanningSA #ThomsonWilksInc #ThomsonWilksAttorneys Source: https://lnkd.in/g8hqWjGa

As the year comes to a close, Thomson Wilks Inc would like to thank our valued clients for your continued support throughout 2024. Please note that our offices will be closed from 20 December 2024 to 6 January 2025 for the festive season. We will reopen on Monday, 6 January 2025, ready to serve you with renewed energy and commitment. Wishing you and your loved ones a joyful festive season and a prosperous New Year! #FestiveClosure #ThomsonWilks #HappyHolidays #SeasonGreetings #2025Ready #ThomsonWilksInc #ThomsonWilksAttorneys

CONTRA PROFERENTEM IN SOUTH AFRICAN LAW Have you ever found yourself puzzled by the language of a contract, questioning its true meaning? If navigating through legal jargon has left you perplexed, you're not alone. Fortunately, South African law employs a crucial principle known as contra proferentem to assist in protecting the party that did not draft the contract containing the ambiguous clauses. Origin of the Contra proferentem Rule: The contra proferentem rule has a long history in South African contract law, rooted in principles that date back to Roman law. South African law, influenced by Roman-Dutch law, adopted the contra proferentem rule. It has been consistently applied in various legal contexts, particularly in cases involving standard form contracts and insurance policies. Understanding Contra Proferentem: Contra proferentem (a Latin term), which translates to "against the one who proffers," is a legal rule applied as a last resort when interpreting unclear or ambiguous terms in a contract. This rule dictates that if a contract's wording is so obscure that the parties' intentions cannot be discerned, the contract may be deemed void by reason of vagueness. Essentially, it ensures that any unclear language in a contract is construed in favour of the party that did not draft it. A good example of this principle is contained in the case of Cairns (Pty) Ltd v Playdon & Co Ltd 1948 (3) SA 99 (A) at 121-123, where Grotius (a renowned a Dutch jurist, philosopher, and scholar) is quoted as giving the reason why there is a rule that works against the proferens, ‘for he has himself to blame for not speaking more plainly’. Significance of Contra Proferentem: The rationale behind contra proferentem is rooted in fairness and clarity. It aims to ensure that the party drafting the contract, typically the seller or service provider, does not exploit their control over the wording and must use clear and unambiguous language in expressing the contract terms. By encouraging clear and concise drafting, this rule safeguards the other party, often the consumer, from hidden meanings or unforeseen limitations. The contra proferentem rule underscores the importance of drafting clear, unambiguous, and precise contract terms as the consequences of not doing so, can have an unmiserable outcome. Mitigating the Risk: For businesses that frequently use standard form contracts, it is advisable to regularly review and update these documents to ensure clarity and avoid potential disputes and for other once off agreements legal advice should be sought to ensure the drafting of clear and unambiguous contract terms that succinctly encapsulate the intention of the parties. Read the full article at www.thomsonwilks.co.za. If you need assistance with contracts, feel free to give us a call on 011 784 8984. #ContraProferentem #LegalTerms #ThomsonWilksInc #ThomsonWilksAttorneys

We are pleased to welcome Sam Blumberg to our Sandton team as a consultant attorney. Sam is a dynamic and dedicated family law attorney, admitted to the High Court in February 2024. With a focus on advocating for families, prioritising children’s best interests, and guiding clients through challenging legal situations, Sam takes a client-centred approach to every case. After graduating cum laude with an LLB from UNISA in 2021, Sam established a family-focused practice built on empathy, clear communication, and strategic advocacy. She specialises in maintenance, parental rights and responsibilities, relocations, divorce proceedings, and children’s rights matters, ensuring that children’s voices are heard and their needs prioritised. Known for her ability to balance empathy with practical, results-driven solutions, Sam empowers clients to navigate complex family dynamics with confidence and clarity. Her commitment is to achieve progressive outcomes that protect and support the well-being of all involved.   T: 0607180994 E: sam@thomsonwilks.co.za

BELA ACT: WHERE THE LAW STANDS ON CONTROVERSIAL SECTIONS Bartho van Tonder, Director at Thomson Wilks Attorneys, is proud to contribute to the ongoing discussions surrounding the Basic Education Laws Amendment (Bela) Act, a pivotal piece of legislation reshaping the South African education system. With a commitment to promoting legal clarity and public understanding, the firm brings its extensive expertise in constitutional, administrative, and educational law to analyse the act's implications. Our insights focus on contentious sections, particularly those concerning language and admissions policies, aiming to shed light on the constitutional balance between government regulation and the autonomy of school governing bodies. #BasicEducation #SouthAfrica #BELA #ThomsonWilksInc #ThomsonWilksAttorneys Read the article in Business Live here: https://lnkd.in/d7NetcfV

THE MEMORANDUM OF INCORPORATION (MOI): THE FOUNDATION OF YOUR SOUTH AFRICAN COMPANY Congratulations! You've decided to take the plunge and start a company in South Africa. But before you get swept up in the whirlwind of a new business venture, there's a crucial foundational step: the Memorandum of Incorporation (MOI). Think of the MOI as your company's birth certificate. It's a legal document filed with the Companies and Intellectual Property Commission (CIPC) that outlines the core aspects of your business such as how the company will be governed. It establishes the company’s existence as a separate legal entity from its owners (shareholders). There are two main types of MOI in South Africa: 1.    Standard MOI: This is the free, pre-defined option provided by the CIPC. It offers a basic framework suitable for most companies. 2.    Customised MOI: This allows you to tailor the MOI to your specific needs. You might want to include unique voting rights for shareholders or limitations on the powers of certain directors. Amending Your MOI: Adapting as Your Business Grows The beauty of the MOI is that it's not set in stone. As your company evolves, you may need to adjust its core functionalities. Here's how changes are implemented: 1.    Special Resolution: This requires a special resolution to pass with at least 75% of the votes cast or, if there are different classes of shares, 75% of the votes cast in each class of shares. Any amendment to the MOI that affects the rights and obligations of shareholders or directors must be approved by at least 75% of the affected shareholders or directors, depending on the nature of the amendment. 2.    Filing with CIPC: Once approved, the changes need to be filed with the CIPC along with the prescribed filing fee. 3.    Important Note: Amending certain aspects of the MOI might have stricter requirements. Always consult a lawyer or a company registration specialist for guidance on this process, especially for complex changes. 4.    Court Order: The MOI can be amended by a court order if it is just and equitable to do so. 5.    Unanimous Resolution: The MOI can be amended by a unanimous resolution of all shareholders, without the need for a special resolution. By understanding the MOI and its modification process, you're laying a strong foundation for your South African company's success. Remember, a well-crafted MOI ensures clarity, transparency, accountability, and the flexibility to adapt as your business thrives. #SouthAfricanLaw #CompanyRegistrationSA #MemorandumOfIncorporation #BusinessInSA #StartupsSA #ThomsonWilksInc #ThomsonWilksAttorneys Get in contact if you are ready to take the plunge. Email: cameron@thomsonwilks.co.za Tel: 021 424 4599 Sources: Companies Act 71 of 2008 as amended Red the full post at www.thomsonwilks.co.za