Registration and Formation of Business Entities
We not only assist in the registration of business entities, but we also advise our clients as to the right entity for their specific business purpose (taking into account tax and personal liability aspects of the partners) and drafting the relevant contracts to also ensure a healthy relation between the business partners.
Drafting of Contracts
The best time to draft a contract is during the initial negotiations or as soon as possible subsequent thereto as the agreement not only stipulates the terms of the relationship, but also stipulates each partner’s responsibilities.
The ideal scenario is that we assist in the whole process from negotiation to drafting to signature and then management of the parties’ rights, responsibilities and obligations.
Marius’s Masters’ Degree in International Import- and Export Laws, with focus on International Private Law, International Contracts, International Finance Law and International Transport Law gives him the edge in drafting technical and complex business agreements.
Further, being litigation attorneys, with firsthand experience in most things that can potentially go wrong between partners and associates, either because of the absence of a business agreement or of a poorly drafted agreement, it gives us the edge in drafting contracts.
We also advise our clients as to potential risk in businesses, which risks are, inter alia:
- Co-ownership and risks with regard to transfer of ownership at partner’s death – will a stranger inherit the deceased partner’s share OR will the business (remaining partners) be financially in position to buy his share…
- The debit and/or credit loan accounts of the respective partners
- Sureties by a partner in favor of the business
- Drafting of tax and business friendly Buy and Sell Agreements
- Drafting of tax and business friendly Contingent Liability agreements
- National Consumer Act;
- National Credit Act;
We have right of appearance in the High Courts of South Africa, giving us the right, not only to appear in the High Court on our client’s behalf, but also the ability and right to draft and sign all pleadings and documents without the assistance of an Advocate.
The above being said, we do not pretend to know everything, and will we advise our clients when we require the assistance of an advocate to assist in more specialized and/or technical litigation and contentious matters.
We undertake to advise and assist our clients, taking in consideration both legal costs and time it would take to litigate. It is our promise to act with the utmost discretion to reach the most time and cost-effective results.