Reg. 2020/761565/21

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Commercial & corporate law

Commercial and corporate law attorneys in Johannesburg

Company formation, governance, commercial contracts, transactions and statutory compliance for businesses operating in South Africa.

Commercial work in South Africa sits at the intersection of several statutes — the Companies Act, the Consumer Protection Act, the National Credit Act and sector legislation — and most risk is created long before a dispute arises, in how a company is structured, governed and documented.

We act for startups, SMEs, established corporations and mining companies, on formation and governance as well as on transactions and disputes.

Corporate governance and formation

Company incorporation and registration — we manage the incorporation and registration of private and public companies with the Companies and Intellectual Property Commission (CIPC).

Shareholders agreements — we advise on and draft shareholders agreements that govern relationships, rights, responsibilities and exit strategies between stakeholders.

Memorandum of Incorporation (MOI) — we draft, review and customise MOIs to suit specific business needs, aligned with the Companies Act 71 of 2008.

Duties of directors and shareholders — we advise on the legal duties, responsibilities and liabilities of directors and shareholders, and on good corporate governance practice.

Internal policies and risk management — we help corporate clients create internal governance policies and risk management measures.

Company records and financial statements — we assist with maintaining statutory company records and provide guidance on financial reporting compliance.

Finance, transactions and restructuring

Corporate finance — legal advisory on corporate finance structures, including equity financing, debt instruments, tax implications and share capital management.

Securities registration and transfer — the legalities of registering and transferring shares, in compliance with regulatory requirements.

Fundamental transactions and takeovers — guidance and support during mergers, acquisitions, takeovers and disposals of assets.

Business rescue and insolvency — formal business rescue proceedings, compromises with creditors, company winding-up and deregistration.

Commercial law and regulatory compliance

Contract negotiation and drafting — we negotiate, draft and review commercial contracts to protect your interests and make obligations clear.

Township development projects — specialised legal advisory across the regulatory framework governing property and township development.

Statutory compliance advisory — we interpret and apply the statutes that govern your operations, including the Consumer Protection Act, the National Credit Act, the Electricity Act and the Gas Act.

Commercial litigation — where a dispute cannot be negotiated, we litigate to enforce contractual rights and resolve business conflicts.

Why partner with us

We combine commercial awareness with legal expertise. That means we do not read a clause in isolation — we read it against the business it has to serve. The aim is pragmatic, forward-looking advice that lets your business operate efficiently and confidently within the South African legal framework.

Answers

Frequently asked questions

Does a small company really need a shareholders agreement?

A shareholders agreement matters most when something goes wrong — a deadlock between 50/50 owners, an owner who wants to leave, or a dispute about who decides. The memorandum of incorporation sets out the minimum; a shareholders agreement sets out the rules the parties actually agreed to. Read our article on shareholder agreements for the clauses that earn their keep.

Can a commercial lawyer give business advice?

An attorney can advise on the legal consequences of a business decision, governance obligations and risk — and increasingly that is what clients want. There is a limit, though, and it matters: attorney–client privilege does not extend to advice that is really business judgement. See can your lawyer actually give business advice.

What is the difference between business rescue and liquidation?

Business rescue aims to rehabilitate a company that is financially distressed but still viable, under Chapter 6 of the Companies Act. Liquidation ends the company and realises its assets for creditors. Which applies is a factual question about whether the business can be saved.

Next step

Tell us what is happening and we will tell you what it takes

A first conversation costs you nothing and usually clarifies more than a page of general information. Consultations are available in Northriding, Johannesburg and in Pretoria Central.

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