COMMERCIAL / CONTRACTUAL

Large variety of commercial agreements, a sample of which are the following:

• Customised Memoranda of Incorporation
• Shareholders Agreements
• Sale of Share Agreements
• Sale of Business Agreements
• Joint Venture Agreements
• Voting Pool Agreements
• Share Derivative Agreements
• Distributor and REseller Agreements
• Franchise Agreements
• Compliance with the Company Act, 71 of 2008, and regulations
• Confidentiality Agreements
• Restraint of Trade Agreements
• Employment Contracts

We advise on the efficient structuring of all juristic entities and on compliance with all statutory obligations required in terms the Companies Act and all relevant legislation.

COMMERCIAL LITIGATION

Magistrate Court | High Court | Constitutional Court

• Compliance with the Companies Act, a brief sample being:
• Declaration of Director as a delinquent
• Removal of Directors
• Derivative actions
• Actions on breach of restraints and confidentialities
• Enforcement of terms of employment contracts
• Actions on fiduciary duties of Directors
• Enforcement of provisions of Memoranda of Incorporation
• Contractual:
• Institution of arbitration proceedings to protect contractual rights and/or enforce contractual obligations
• Actions on breach of contract including
• orders for specific performance
• cancellation of contracts
• actions in damages arising from breach of contracts
• interdicts

PROPERTY

• Property Agreements including inter alia
• Developer/Sale of land/Sale of building Agreements
• Commercial and Residential Lease Agreements
• Compliance issues with respect to the Building Regulations Act as well as the Housing Consumer Protection Act

• Legal action in respect of:
• The Consumer Protection Housing Act, involving adjudications, arbitrations and the like
• Breach of leases, including orders for specific performance, damages and/or evictions
• Compliance with building agreements and regulations
• Collection of arrear levies based on the Sectional Titles Act

MINING

• Agreements with respect to:
• Prospecting License Applications
• Mining License Applications
• Compliance with Mineral Petroleum Resources Development Act

• Actions in respect of:
• Mining and/or prospecting rights
• Compliance issues
• Contractual issue requirements
• Environmental impact requirements and/or environmental management practices
• Protection of rights granted in respect of prospecting rights and mining right applications
• Section II change of control

TRUSTS AND ESTATE PLANNING

• Fiduciary Services
• Drafting and codicils to Wills
• Registration and amendments to Trusts
• Notarial Services
• Ante Nuptial contracts
• Authentication of documents
• Estate Planning implementation

INSOLVENCY

• Liquidation of Companies
• Sequestration of individuals or partnerships
• Business Rescue Applications

COLLECTIONS

• Pre-legal collection actions
• Acknowledgements of Debt
• Cession of Debt Agreements
• Bonds (Notarial and Mortgage)
• Settlement Agreements
• Compliance issues with respect to the National Credit Act, 34 of 2005, as well as the Consumer Protection Act
• Credit Application Agreements