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Practice Areas
In each of the below listed practice areas, we have appointed the right people with the right skills in the right roles.
General Commercial 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 includes:
- 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 , Insolvency Act and the Companies 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.
Landlord & Tenant
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 extends to:
- Enforcement of all types of claims in terms of lease agreement .
- Negotiating, preparing and finalizing lease agreements in respect of office, industrial and retail centres and developments on behalf of both landlords and tenants.
- Negotiating, preparing and finalizing off-plan development leases on behalf of both landlords and tenants.
- Advising on changes of laws and circumstances and consequential effects of lease obligations .
- Providing opinions on the interpretation of any ambiguous clauses and reviewing and redrafting clauses in leases.
- Facilitating and negotiating the relocation of tenants in centres.
Litigation
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.
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.
Our specialist services extend to:
- Property disputes
- Commercial disputes
- Debt recoveries
- Liquidations and rehabilitation
- Landlord and Tenant
Property
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, un- listed property owning entities, developers and financial institutions.
Our areas of specialization include:
- Transfer of commercial and residential properties
- Undertaking legal property due diligence’s
- Putting into place securities such as the registration of mortgage bonds, notarial bonds, notarial leases, usufructs, servitude’s
- Opening of township registers, proclamation of townships, attending to sub-divisions and consolidations and all other aspects to ultimately transfer even 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 arrears 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