CORPORATE, COMMERCIAL AND BUSINESS LAW

South African Commercial and Business Law is a vast and multifaceted field, touching on most other areas of law including company law, commercial law, corporate law, property law, contract law, insolvency law and labour law / employment law to mention but a few. It is perhaps as diverse as the many fields of commerce which it seeks to regulate. South African Business Law is dynamic, ever seeking to catch up with and regulate new fields of business and give effect to broader legal, social and economic goals.

We act for clients across various sectors ranging from Aviation, Financial Services, Pharmaceutical, Retirement Funds and more. Our industry expertise sets us apart as a solution-based commercial law practice.

With the ever-changing field of Business Law, we pride ourselves on assisting our clients to remain abreast of the latest developments.

Company registration

South African business law provides for the registration of various legal entities within which business can be conducted. Our team advises on which legal entity to utilise to best cater for the requirements and purpose of the prospective business. There are various legal entities available for a prospective business owner and it is therefore important that the correct entity is utilised to provide for the best structure in as far as tax, employment and other aspects are concerned.

We further assist our clients with any changes they wish to make to an existing enterprise, i.e. adding or removing directors, change of financial year end, conversion of closed corporations to private companies and more.

Drafting of Memorandum of Incorporation

The Memorandum of Incorporation (MOI) is one of the most important documents that lies at the heart of a business. It is therefore of utmost importance that this document is in accordance with our company laws, compliments the shareholders agreement and company rules. Our team assists with the drafting of a new MOI (for a non-profit or profit company) or the revision and amendment of an existing MOI.

Drafting of shareholder agreements

A company’s shareholders agreement is of utmost importance as it regulates the relationship between a business entity and its shareholders. The shareholders agreement must be in line with the MOI as any inconsistency in this document will render such a provision null and void. We assist with the drafting of new shareholders agreements or the revision and amendment of existing agreements.

Assistance and guidance on meetings of the board

In any business entity change is the only constant. Our team prides itself on assisting our clients to effect these changes in a cost effective and compliant manner. All decisions taken at a board meeting need to comply with the MOI and shareholders agreement.

We assist our clients in complying with these requirements and effecting the necessary changes seamlessly and accurately. We assist with the drafting of notices, resolutions and minutes and perform all company secretarial functions.

Corporate Governance and Directors Responsibilities

All companies are formed and governed within the framework of the Companies Act 71 of 2008. Companies are encouraged to comply with various codes including King IV.

We guide and advise on the practical issues relating to the Companies Act including items of relevance to directors, senior management, shareholders, legal advisors, accountants and persons who attend to company secretarial functions.

Guidance and advise is also provided on monitoring risk and compliance issues, King IV, money laundering, environmental concerns as well as important legislation relating to information.

The above presentation of our expertise and field of practice within South African Business Law is not exhaustive and we aim to provide our clients with a broad spectrum of quality legal services.

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