Popular demand in South Africa is for CIPC formation, a usable MOI and shareholders’ agreement, employment contracts that survive the CCMA, and a retainer that keeps annual returns, POPIA, and board paper in order. We take that work on a fixed-fee or monthly instruction.
Company Registrations
Name reservation and registration with the Companies and Intellectual Property Commission (CIPC), including private companies (Pty) Ltd, external companies, and non-profit companies. We prepare the Memorandum of Incorporation, first directors’ resolutions, the share register, and the FICA pack needed to open a bank account. Conversions, director changes, and share allotments are handled as they arise.
Regulatory Compliance
Industry licences, B-BBEE affidavits or files, FICA onboarding, POPIA (privacy notices, PAIA manuals, operator agreements, information-officer designation), and sector regulators where the client’s trade requires it. The usual instruction is a gap review, then a short compliance calendar.
Commercial and Corporate Advisory
Day-to-day counsel to the board or managing director: how a proposed deal sits under the MOI, when a special resolution is required, related-party dealings, and when to instruct counsel for High Court work. This is the retainer most growing companies ask for once they have more than one founder.
Business Structuring
Choice of vehicle — company, trust, partnership, or external branch — and group charts for holding, operating, and property companies. We work with the client’s accountant on tax-aware structures; we do not replace the tax practitioner.
Drafting and Reviewing Commercial Contracts
Supply, distribution, services, NDA, software, lease, and terms of trade. Review of counterpart paper before signature. The common demand is a short, enforceable suite rather than a library of unused templates.
Sale of Business and Share Transactions
Share sale agreements, sale-of-business agreements (including section 34 of the Insolvency Act notices where required), due-diligence checklists, and closing resolutions. We act for buyer or seller on SME and mid-market deals.
Corporate Governance
Board charters, committee terms, King IV alignment at a scale that fits the company, minute books, and director induction. Public companies and state-owned entities need a fuller programme; most private companies need a clean minute and resolution practice.
Compliance with the Companies Act and Related Legislation
Annual returns, beneficial-ownership filings, MOI amendments, s 45 financial assistance, s 112/115 disposals, and solvency-and-liquidity tests. Related statutes include the Financial Intelligence Centre Act, the Competition Act on notifiable mergers, and exchange-control where non-residents hold shares.
Employment Law
BCEA-compliant contracts, policies, probation, discipline, retrenchment (s 189), restraints, and CCMA/bargaining-council strategy. This is among the most frequent instructions from companies that have no HR lawyer on staff.
Dispute Resolution
Letters of demand, negotiation, mediation, arbitration clauses, and High Court or Magistrates’ Court action where talks fail. Commercial collections, shareholder deadlocks, and contract breaches are the usual files.
Court appearance, notarial acts, and conveyancing are arranged on instruction. We will say so if a matter should go to specialist counsel.