Contracts

hand

We encourage our clients to analyse their businesses by using the image of a hand. The fingers of the hand symbolise the following:

IDENTITY (WHO ARE YOU?)

The needs of individuals and businesses differ and we can assist in both contexts.

A client will be an individual, an employee, a sole proprietor, a partnership, a close corporation, a company or a trust. It is important for that client to understand that client’s rights and obligations in relation to third parties and who is authorised to represent that client in concluding agreements. For example:

  • The 2008 Companies Act has significantly changed the powers of directors and shareholders.
  • Recent case law has made it clear that trustees cannot ratify the unauthorised acts of a single trustee.

We can assist clients by registering various forms of companies, drafting partnership agreements, members’ association agreements, shareholders agreements and trust deeds. We can also update existing shareholders agreements to comply with the 2008 Companies Act.

LOCATION (WHERE ARE YOU?)

Our clients will either own the premises they operate from, or rent them. We can assist our clients with the drawing and vetting of co-ownership agreements and lease agreements (including CPA-compliant and notarial lease agreements). We can also advise our clients on a range of issues relating to operating a business.

YOUR SUPPLIERS

Our clients need to procure stock, raw materials and/or equipment from suppliers, who will no doubt have standard terms and conditions of trade. We can assist our clients to understand and, if applicable, negotiate these terms and conditions. Where our client is a franchisee, we can advise our client of its rights and obligations in terms of the franchise agreement and in terms of the Consumer Protection Act (see our Consumer Law page for more details on how we can assist with Consumer Protection Act issues).

YOUR CUSTOMERS

Many businesses operate on an informal basis and agreements are often verbal or unclear. We can assist our clients with, inter alia,  the drafting of CPA-compliant franchise agreements, sale agreements, supply agreements, distribution agreements and standard terms and conditions (see our Consumer Law page for more details on how we can assist with Consumer Protection Act issues).

OTHER CONTRACTS

Some clients have very specific needs. Our experience drafting contracts extends, inter alia, to:

  • Loan agreements which comply with the National Credit Act
  • Acknowledgements of Debt
  • Suretyships and guarantees
  • Subordination Agreements
  • Employment agreements
  • Email policies
  • Other contracts relating specifically to companies and close corporations (see our Company Law page)

We welcome queries from our clients in respect of their particular situation and requirements.