Legal advice that is tailored to your specific business.

a) Contracts of employment – this is a signed agreement between an individual employee and an employer, establishing both the rights and responsibilities of the two parties, essentially dealing with the working relationship between both parties. It allows each party to clearly understand what their obligations are in terms of employment. Employment contracts will contain detailed information about both the employer and the employee such as full names, company details, addresses, phone numbers and any co-signers who may be involved. It will also contain the Effective Date of the agreement (i.e. the date of commencement of the relationship), duties of employment, details of salary and payment date, details around termination of employment and the processes involved, as well as possible breaches of contract;

b) Contracts of lease (commercial and residential) – this is a signed agreement entered into when one person (the “landlord”) who gives the use and enjoyment of his/her property to another person (the “tenant”) for a specific period of time in return for the payment of rent. While it is not a requirement for the lease agreement to be in writing, a verbal lease agreement may be difficult to prove if there is a dispute about it. Best to be safe than sorry and leave no room for doubt on any aspect between the landlord and tenant. The lease contains detailed information such as the names and ID numbers of both landlord and tenant, the street address of the property, the rent and other charges that are (or may) be payable, details describing the property and number of occupants, details around the period of the lease as well as what penalties may apply if the tenant terminates the lease prior to the agreed expiry date.

c) Contracts of sale (movable and immoveable property) - the most commonly drafted contract is that of a contract of sale. A contract of sale is a legally enforceable agreement between one party who is buying and the other party, who is selling. For a valid contract of sale, the parties must agree on the following three elements (known as the essentialia of the contract), (1) one party must have the intention of buying and the other of selling., (2) the parties must agree on the thing sold (this must be a specific object, or must be at least ascertainable), and (3) the parties must agree on a purchase price, which must be in monetary terms. Sale agreements contain detailed information about both the seller and the buyer such as full names, addresses, phone numbers and any co-signers who may be involved. It will also list the dates of the initial agreement, type of sale, any deposit paid, dates when other parts of the contract are to be completed, and the date of the final closing of the contract as well as transfer of ownership;

d) Loan agreements – this is a signed agreement between a lender and a borrower. It sets out all the details of the loan, such as the principal amount, interest rate, amortization period, fees, payment terms and any other covenants. The agreement should also outline the rights of a lender to collect payment if the borrower defaults. Every lending agreement is slightly different, it is therefore crucial that you completely understand all of the components of your loan agreement so that you do not leave anything out that can protect you during the lifetime of the loan. Loan agreements contain detailed information about both the borrower and the lender such as full names, addresses, phone numbers and any co-signers who may be involved. Loan agreements also typically include covenants, value of collateral involved, guarantees, interest rate terms and the duration over which it must be repaid. Default terms should also be clearly detailed to avoid confusion or potential legal court action;

e) Partnership agreements – this signed agreement is a legally binding contract between at least two individuals or other legal entities, establishing a unique business enterprise. It essentially dictates the way a business is run and the details of the relationship between each partner, especially with regards to how the partners will share in the profits or losses of the business. The partnership agreement will contain detailed information about partners to the agreement, such as full names, addresses, phone numbers, it will state the purpose for which the partnership is established, the principal place of business and also outline the amount of money each partner invests in the enterprise, Shareholder agreements – this signed agreement is a legally binding contract that governs and formalises the relationship between the shareholders and directors of a company. It is an invaluable document for any business as it provides the foundation for how a company will be run. Any aspect not covered by the Memorandum of Incorporation (MOI) needs to be covered by the shareholders agreement. While every shareholder agreement will differ, they will all generally have the following information - the maximum number of directors and the percentage of shares required to appoint a director; the shareholding of the shareholders; the issuance of new shares, details how a shareholder can sell his shares, details on how to resolve disputes, and what actions will be taken as well as the basic full names, addresses, and phone numbers of the shareholders,

f) Sale of shares agreements – this signed agreement is a legally binding contract that sets out all the terms and conditions which regulate the sale of shares in a company. There are a number of complexities, provisions and restrictions here, especially since you are dealing with a bundle of personal incorporeal rights against a company. These “bundles of rights” are “transferred” by way of cession and it is possible for rights against the company to “transfer” at different stages between the Seller and the Purchaser. Even low-value transactions can trigger, for example, a mandatory offer or may require shareholder approval in some way, and

g) Sale of members’ interest agreements – this signed agreement is a legally binding contract that may be used where a member in a close corporation (CC) is selling his/her member’s interest and claims on a loan account in a close corporation to a party who is not a member of the CC. It is similar to the sale of company shares. It is used solely where the CC owns a business. The agreement is drafted to cater for a situation where there are remaining members in the CC and also where there are no remaining current members.

When the majority of people think of starting a business, they imagine starting from scratch. Incorporating your business with your own ideas and building your company from the ground up. Which is obviously exciting but it does also have some distinct disadvantages - including the difficulty of building a customer base, marketing the new business, hiring employees and establishing cash flow. Often without a proven track record or reputation to back you up. Buying an existing business is less risky. When you buy a business, you take over an operation that's already generating cash flow and profits. You have an established customer base, reputation and employees who are familiar with all aspects of the business. And you don't have to reinvent the wheel--setting up new procedures, systems and policies.

The Companies Act of 2008 relays the appropriate types of business structures found in South Africa relating to companies. Specifically what types of companies you can form and how to go about doing that. You have a choice between (1) a sole proprietorship (often known as a sole trader, it is a business structure that is owned and run by one individual, where there is no separation between the owner and the business structure), (2) a partnership (the common view of between 2 and 20 people who contractually agree to operate a profit generating business together. They further agree to split any profits as per their agreement and in proportion to their interests), (3) a private company (a Pty Ltd, a private company is seen as separate legal entity and as such is taxed in their own right, offering the shareholders protection against liabilities), (4) a public company (known as Ltd companies, they are seen as having their own legal identity and are therefore taxed in their own right), (5) personal liability companies (such as attorneys and accountants that under section 8(2)(c) of the Companies Act their directors are jointly and severally liable, together with the company, for any debts and liabilities of the company), (6) state owned companies (a company defined as a “state-owned enterprise” in the Public Finance Management Act 1 of 1999 or a company owned by a municipality), (7) a non-profit company (this is an incorporated public company that is established, as an example, for some form of cultural or social activities or communal / group interests. Income is not distributed to any stakeholder from this type of business structure) and (8) foreign and external companies (foreign owned companies that are incorporated outside of South Africa but trade in South Africa).

This entails ensuring that a company complies with all the necessary laws and regulations that may be applicable to their specific industry. Ensuring you are legally compliant will entail a thorough analysis of each and every applicable law or regulation pertaining to your specific industry and thereafter ensuring that the company has undertaken the necessary steps required of them to avoid any compliance difficulties. The compliance issues that usually arise are due to contracts which require specific performance at specific times. Knowing what these are and when they need to be performed is crucial.

This is the process of looking for any hidden liabilities before you enter into a contract with another individual or company and is usually required in high risk transactions. A professional due diligence investigation or audit ensures that you have the information you need regarding the benefits and risks of a transaction before making any major decisions.

General day-to-day legal services to corporations (and their boards of directors) and individuals on an array of corporate and commercial law matters, such as advice on board resolutions and structuring, corporate governance issues, general maintenance of corporate records, holding shareholders meetings, regulatory reporting requirements, providing opinions on a possible transaction as well as managing commercial or employment contracts.