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Corporate and
Commercial Law

Corporate and commercial law are two closely related yet distinct areas of law that play a crucial role in the functioning of businesses and the economy in South Africa. While both fields govern various aspects of business activities, each has its own focus, legal principles, and regulatory frameworks.

Key Aspects of South African Corporate Law

Company Formation

The process of registering a company with the Companies and Intellectual Property Commission (CIPC).

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Corporate Governance

Rules about how companies should be directed and controlled, including the duties of directors and the rights of shareholders.

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Fiduciary Duties

Directors and officers have legal obligations to act in the best interests of the company.

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Restructuring and Liquidation

Legal procedures for changing the structure of a company or winding up its affairs.

Key Aspects of South African Commercial Law

Contract Law

Governs the formation, validity, and enforcement of agreements between parties.

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Sale of Goods

Regulates transactions involving the buying and selling of goods, including consumer protection laws.

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Competition Law

Ensures fair competition and prohibits anti-competitive practices.

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Intellectual Property

Protects inventions, trademarks, copyrights, and trade secrets.

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Dispute Resolution

Mechanisms for resolving commercial disputes, such as litigation, arbitration, and mediation.

Overview

An overview of South African Commercial Law

Commercial law, sometimes referred to as business law, deals with the laws and regulations that apply to commercial transactions and business operations. This area of law covers a wide range of matters, including contracts, the sale of goods, competition law, consumer protection, intellectual property, and dispute resolution. Commercial law is primarily concerned with the relationships between businesses and their clients, suppliers, and other third parties. It ensures that business dealings are conducted fairly and that there is legal recourse in cases of disputes or breaches of contract.

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During our years in practice, we have assisted a number of clients within the corporate and commercial environment, specifically relating to the drafting of new Terms and Conditions for their business, or in some cases the review and amendment of their Terms and Conditions to ensure legal and regulatory compliance and to protect our client from any existential threats. We also provide assistance with the review of Loan Agreements as well as the guidance required for the protection of our clients’ most important assets.

Our services in this respect are as follows:

  • Drafting of Loan Agreements for Personal Loan utilization

  • Drafting of Loan Agreement for all types of business

  • Drafting of Shareholders Agreements

  • Drafting of Joint Venture Agreements

  • Drafting of the Sale of Shares Agreement

  • Drafting of the Sale of Member’s Interest

  • Drafting Service Level Agreements

  • Drafting of Bespoke Buy and Sell Agreements

  • Drafting of Confidentiality and Non-Disclosure Agreements

  • Drafting of Partnership Agreements

  • Draft of Loan agreements (with or without surety)

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