Die aanspreeklikheid van die lede van ’n bestuursraad en die administrateurs van aftreefondse

Abstract

The liability for the non-compliance with fiduciary and statutory duties towards a retirement fund and the members or beneficiaries of such a fund is in many ways not clear for the members of the board or the third party administrator. The question that must be answered is under which circumstances the members of the board or the third party administrator will be held liable? This question is discussed in this article with reference to the duties prescribed by law as well as the determinations made by the adjudicator. The determinations of the adjudicator, although they do not constitute binding precedent, provide clear guidelines for the circumstances under which the different parties may be held liable.