Erasmus Motaung Inc.

Erasmus Motaung Inc. Established in 1997, EMI is a top South African law firm geared to deliver professional and personalised services in various fields of law.

Our firm is based on three pillars which is underlined by integrity, namely: Commitment to excellence; Innovation within our fields; and Professionalism through personalised service. We are based in Gauteng however we offer professional service across South Africa. Litigation
Labour relations
Risk Management
Estate Planning
Corporate
Conveyancing/Property Law
Contracts
Commercial Law
Notarial Agreements
Certification of documents
Wills and Deceased Estates

⭐June Topic⭐CHANGES IN SOUTH AFRICAN TRUST LAW 1️⃣The Beneficial Ownership RevolutionFollowing South Africa's intensive ...
05/06/2026

⭐June Topic⭐
CHANGES IN SOUTH AFRICAN TRUST LAW

1️⃣The Beneficial Ownership Revolution

Following South Africa's intensive efforts to strengthen its anti-money laundering (AML) and counter-terrorist financing (CFT) frameworks, extensive amendments were introduced to the TPCA. These legislative changes significantly expanded the definition of a “beneficial owner”.

Trustees are now legally obligated to:

➡️Identify and verify the natural persons who ultimately own or control the trust property. This includes the founder, trustees, beneficiaries, and anyone who exercises ultimate effective control over the trust.

➡️Keep an up-to-date register of these details, including official identification, residential addresses, and exact dates of when ownership began or ended.

➡️Lodge this information with the Master of the High Court through their electronic systems.

🔺The stakes for non-compliance are severe. Trustees who fail to maintain and disclose this information face potential fines of up to R10 million, imprisonment for up to five years, or both.

# AntiMoneyLaundering

⭐June Topic⭐CHANGES IN SOUTH AFRICAN TRUST LAW The South African trust landscape has undergone its most radical transfor...
03/06/2026

⭐June Topic⭐
CHANGES IN SOUTH AFRICAN TRUST LAW

The South African trust landscape has undergone its most radical transformation in decades, driven by global anti-money laundering demands and tighter local tax regimes. The era of relaxed trust administration is officially over; today, trustees face unprecedented governance, transparency, and reporting obligations under the Trust Property Control Act (TPCA).

During the next couple of weeks, we will touch base on the following points:
1️⃣The Beneficial Ownership Revolution
2️⃣Tightened Rules for Accountable Institutions
3️⃣SARS and Heightened Tax Scrutiny
4️⃣Governance and rust Administration: What the Courts Say
5️⃣Cross-Border Considerations and Distributions

Should you have any questions on the above-mentioned points, please contact our offices on:
📞011 475 9422 or 📤[email protected]

-moneylaundering

🗣️Say Something Nice Day 💝In a world where criticism is often louder than kindness, we believe there is real power in ch...
01/06/2026

🗣️Say Something Nice Day 💝

In a world where criticism is often louder than kindness, we believe there is real power in choosing words that uplift, encourage, and inspire.

Say Something Nice Day may have started in the US, but its message is universal because respect, compassion, and dignity should never be limited by borders.

As a law firm, we understand that words carry weight. They can build confidence, restore hope, and remind someone that they matter. Today is a reminder that professionalism and kindness can exist side by side.

The world could do with more days like this — and more people willing to lead with humanity.

During the last few months, we've shared a few blogs on our website which may be of interest to you.🌟January 2026 - Muni...
28/05/2026

During the last few months, we've shared a few blogs on our website which may be of interest to you.

🌟January 2026 - Municipal Debt & Selling Your House
🌟February 2026 - SARS Clarifies Distribution From South African Trusts to Offshore Trusts
🌟March 2026 - South Africa's New Marriage Bill (2025)
🌟April 2026 - Be Enthusiastic on FIC Compliance
🌟May 2026 - Accountability of Members in a Close Corporation ("CC")

To view these topics feel free to visit our website: https://www.erasmusmotaung.co.za/educational-videos-blogs/

Should you require any assistance on any of these topics based on your personal / business situation, feel free to contact our office on: 011 475 9422 alternatively you can email: [email protected] and one of our team members will be able to guide or advice you.

Over the last few weeks, we have dedicated our efforts and attention to exploring and understanding the intricate and im...
27/05/2026

Over the last few weeks, we have dedicated our efforts and attention to exploring and understanding the intricate and important topic: The Accountability of Members in a Close Corporation ("CC"). This topic is crucial for anyone involved in or operating in a Close Corporation, as it highlights the responsibilities and obligations that members have to ensure the entity runs smoothly and effectively.

To assist you in gaining a deeper understanding of this subject, we have compiled relevant information, insights, and guidelines based on a recent case: https://www.saflii.org/za/cases/ZASCA/2025/107.html into the attached document.

We understand that this topic can be complex and may raise several questions or considerations specific to your situation.
Should you have any questions or require further clarification regarding your Close Corporation ("CC"), or if you need personalized advice tailored to your unique circumstances, please do not hesitate to reach out to our dedicated team.
We are here to provide you with the support and answers you need to navigate your Close Corporation responsibilities effectively.

25/05/2026

May 2026 Topic:
ACCOUNTABILITY OF THE MEMBERS OF A CLOSE CORPORATION

LEGAL LESSON OF THE DAY 📚

The court found that merely being a member of a CC does not automatically create personal liability.
Gross abuse must be proven against EACH member individually before personal liability can arise.

A powerful reminder that the law considers both involvement and conduct carefully.

22/05/2026

May 2026 Topic:
ACCOUNTABILITY OF THE MEMBERS OF A CLOSE CORPORATION

A Close Corporation may be a separate legal entity — but misuse of that entity can have serious consequences.

The law allows courts to disregard the separate legal personality of a CC where there is gross abuse.

Business owners should ensure transparency, proper governance, and oversight within their organisations.

21/05/2026

May 2026 Topic:
ACCOUNTABILITY OF THE MEMBERS OF A CLOSE CORPORATION

Outside of the legal protection offered by a Close Corporation, courts will also look at conduct and involvement.

In the Eastco Travel CC matter, the court distinguished between the active member involved in misconduct and another member who was not actively involved in the business operations.

The case reminds business owners that accountability often depends on the facts and conduct of each individual member.
Source: https://www.saflii.org/za/cases/ZASCA/2025/107.html

20/05/2026

May 2026 Topic:
ACCOUNTABILITY OF THE MEMBERS OF A CLOSE CORPORATION

KNOW THE DIFFERENCE ⚖️

Being a member of a Close Corporation does NOT automatically make you personally liable for its debts.

However, where gross abuse of the CC is established, courts may “pierce the veil” and hold members accountable personally.

The legal protection of a CC is powerful — but not unlimited.

19/05/2026

May 2026 Topic:
ACCOUNTABILITY OF THE MEMBERS OF A CLOSE CORPORATION

CAN A CC MEMBER BE PERSONALLY LIABLE? 👀

The court in Crous v Wynberg Boys High School confirmed that members cannot always hide behind the juristic personality of a Close Corporation.

If gross abuse of the CC is proven, personal liability may follow.

Every business structure comes with legal responsibilities — not just protections.

To read more on this case visit the following link: https://www.saflii.org/za/cases/ZASCA/2025/107.html

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M47 & Albert St & Hendrik Potgieter Road
Roodepoort
1709

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Monday 08:00 - 16:30
Tuesday 08:00 - 16:30
Wednesday 08:00 - 16:30
Thursday 08:00 - 16:30
Friday 08:00 - 16:00

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