Practice area
Commercial Law
Contracts and structures that hold up when it matters.
The differences between legal entities are small on paper and expensive in practice. A sole proprietorship, a partnership, a private company and a trust each carry their own tax treatment, liability exposure and paperwork, and the structure that suits a one-person consultancy can strangle a growing business. Choosing the right vehicle, and papering it properly, saves real money later.
South African commercial life runs on three big statutes. The Companies Act 71 of 2008 governs how companies are formed, governed and wound up. The Competition Act 89 of 1998 polices mergers and restrictive practices. The Consumer Protection Act 68 of 2008 reaches into almost every sale and service agreement concluded with the public. We work with all three daily, and we keep our advice practical: what the law requires, what it costs and what we would do in your position.
Most commercial disputes start life as a contract that was signed quickly and read slowly. A well-drafted agreement records who carries which risk, what happens when payment runs late and how the parties part ways, in language a court can enforce. Getting that right at the start costs a fraction of arguing about it afterwards.
A handshake feels like enough, right up until the day it isn’t. The right structure and a contract that holds are quiet things, until they are the only thing standing between you and a loss.
How we can help
- Formal legal opinions
- Drafting and vetting of contracts
- Disposals and joint ventures
- Memoranda of incorporation and shareholder agreements
- Trusts
- Commercial litigation
Whether you are starting out, signing something significant or heading into a dispute, we will make sure you understand your position before you commit.
Common questions
They do different jobs. The memorandum of incorporation is the company’s public constitution under the Companies Act, while a shareholder agreement privately governs how the shareholders deal with each other. Most companies with more than one shareholder should have both, drafted so they do not contradict each other.
Yes, and please ask before you sign rather than after. Vetting a contract upfront costs a fraction of what litigating a bad one does.