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- General Commercial Law
- Insolvency, Liquidation & Business Rescue
- Litigation
- Property
- Landlord and Tenant
- Employment Law
We provide a wide range of commercial services to listed companies, financial institutions, medium and small–sized businesses and individual businessmen.
The scope of our services include :
- The structuring of commercial transactions
- Undertaking legal due diligence investigations
- The formation of partnerships, Close Corporations, Companies and Trusts
- The negotiation and drafting of all commercial documents, such as partnership, joint venture, sale of business, sale of shares , shareholders, franchise, supply, distribution, agency, loan and license agreements
- The preparation of security documents such as suretyships, cessions and pledges of shares
- Providing opinions and guidance on the application of legislation such as the National Credit Act, Consumer Protection Bill and the Corporate Law Amendment Act and the related implications on the businesses of our clients
- Continuously updating clients with the effects of new legislation and court decisions
- Dealing with all types of commercial disputes
Insolvency, Liquidation & Business Rescue
We provide advice on all insolvency related matters. We represent creditors and liquidators in the liquidation process as well as directors summonsed to insolvency enquiries and entities against whom liquidation proceedings have been instituted.
We cover the entire spectrum of Insolvency Law. Our services include:
- Assessing the viability of insolvency and the impact it will have on claims and security
- Assisting in the winding up of Companies, Close Corporations, the sequestration of individuals and trusts, and the rehabilitation of insolvents
- Representing liquidators and creditors in insolvency enquiries into the affairs of Companies, Close Corporations and individuals
- Assisting in the proving of claims and offering advice on the legal aspects involved in the administration of insolvent estates
- Instituting action and proceeding against the directors of the insolvent companies
- Advising on and conducting enquiries in terms of S417 of the Companies Act
We provide advice on all aspects relating to business rescue. We advise businesses in distress and all the stakeholders on business rescue and turnaround processes. We advise creditors having claims against entities placed under business rescue, which advice includes the submission of claims dealing with the practitioner representing creditors at meetings and administering the entire process to ensure that creditors interest are protected.
We adopt a practical, result driven approach to all litigation matters. We comprehensively assess each matter at inception and provide a thorough evaluation outlining what will be required to succeed, the risks and the time periods involved and the potential costs which will be incurred in the litigation. As the litigation progresses and circumstances change or new evidence emerges, we continuously reassess and re-evaluate the matter in consultation with our clients. Success In litigation is premised on thorough preparation and the ability to swiftly change course should the circumstances dictate. We are particularly sensitive to escalating costs incurred in litigation matters and the necessity to at all times act in the most cost effective manner.
This is the service we provide our clients.
For the aforegoing reasons, we are well known for our expertise and strength in litigation. We represent clients in arbitrations, mediations and in all courts within the Republic of South Africa. We particularly specialise in conducting motion (such as urgent interdictory relief, claims for specific performance) and trial proceedings in the high courts.
Our specialist services extend to :
- Property disputes
- Commercial disputes
- Debt recoveries
- Liquidations and rehabilitations
- Landlord and Tenant
We offer a complete property law service, specializing in all aspects of property and conveyancing transactions. We act for a number of listed property companies, non listed property owning entities, developers and financial institutions.
Our areas of specialisation include:
- Transfer of commercial and residential properties
- Undertaking legal property due diligences
- Putting into place securities such as the registration of mortgage bonds, notarial bonds, notarial leases, usufructs, servitudes
- Opening of township registers, proclamation of townships, attending to sub-divisions and consolidations and all other aspects to ultimately transfer erven to end users
- Opening of sectional title registers, registering exclusive use areas, creating and revising management and conduct rules, advising on all legal aspects of sectional title and dealing with all types of sectional title disputes, including the recovery of arrear levies.
- Preparing agreements relating to property ownership (e.g co-owner, sale, use and rights of way, shareholder, joint venture, partnership )
- The negotiation and preparation of all types of development, profit share, building and security provision agreements
- Dealing with all types of property disputes
We specialize in the field of Landlord and Tenant. We possess the skill and expertise to provide the best possible advice on how to approach and resolve any form of dispute in this field.
Our solutions are considered and practical. We represent a number of listed and non-listed property owning companies as well as national and individual tenants who require our assistance in negotiating with their landlords.
The scope of our services extend to :
- Enforcement of claims, for-
- the collection of arrear rentals
- the cancellation of lease agreements and the recovery of any loss of resultant rental income
- the eviction of tenants from premises
- the reinstatement of the premises
- specific compliance with the lease provisions( eg exclusivity, nuisance, trading hours)
- the perfection of the landlord’s hypothec.
- Liaising with liquidators on the insolvency of a tenant , specifically dealing with:
- The preparation, completion and submission of claim forms on behalf of the landlord
- The requisitioning of the nominated liquidator and ensuring that the appointed liquidator acts in the best interests of the landlord
- Submitting and monitoring the payment of administration rentals
- Ensuring that if any auction sale is held from the premises that the necessary security is tendered for any damage caused to the premises
- Ensuring that the premises are returned by the liquidator as quickly as possible
- Putting in place security documents, such as registering special notarial bonds and mortgage bonds over the movable and immovable property of the tenant to secure the landlord’s rights
- Negotiating, preparing and finalizing lease agreements in respect of office, industrial and retail centres and developments
- Negotiating, preparing and finalizing off-plan development leases on behalf of both landlords and tenants
- Commenting on and revising clauses in leases and providing opinions on the interpretation of any ambiguous clauses
- Facilitating and negotiating the relocation of tenants in centres
- Providing general updates and presentations on any developments in the field
As a complimentary and inter related service to the commercial and property services offered, we provide advice on labour related issues. The fields covered include :
- General advice and legal opinion, and recommended strategy and action based on interpretation of all relevant Acts, precedents, regulations and structures.
- Advice on retrenchments, restructuring and interacting with the CCMA and various councils and unions.