AREAS OF EXPERTISE:
Contractual Arrangements
The contracts you enter into, whether as a business or as a person, are important in ensuring an effective business relationship that increases efficiency and mitigates risk for the contracting parties.
AREAS OF EXPERTISE:
Contractual Arrangements
The contracts you enter into, whether as a business or as a person, are important in ensuring an effective business relationship that increases efficiency and mitigates risk for the contracting parties.
At LHL Attorneys we make sure that you have the upper-hand.
Our team of lawyers are specialist contract draftsmen, specialising in general corporate agreements, service level agreements, off-take agreements, framework agreements, partnership agreements, joint venture agreements, confidentiality agreements, lease agreements and distribution agreements. Our tech-savvy commercial team will deliver meticulously crafted agreements with a quick turnaround time that protects your interests, ensures contractual efficiency and mitigates risk.
KEY CONTACTS:
ensure an effecting business relationship
At LHL Attorneys we make sure that you have the upper-hand.
/ Commercial contracts
Members of our commercial team have experience from a top large South African corporate and commercial law firm. This, coupled with years of experience in drafting and negotiating a wide range of commercial contracts ensures that all aspects of your business are covered by compliant, favourable and easily understandable contracts. We cut out unnecessary jargon to ensure that all parties understand what their obligations are, and to eliminate preventable confusion and possible litigation.
/ Business to
consumer terms and conditions
The trend in business regulation has moved more and more toward consumer protection over the years and we feel that this is a positive development. Consumer awareness and the frequency of consumer-led litigation have forced businesses to up their game, and provide appropriate, good quality products and services to the public. However, even well-meaning businesses may get tripped up by the huge amount of intricate regulations related to dealing fairly with consumers. Our legal team at LHL Attorneys are well-versed in all aspects of consumer protection laws, and are well-equipped to draft terms and conditions that are compliant with all the relevant rules and regulations, while still ensuring that your commercial dealings are viable, practical and profitable.
/ Agency and
distribution agreements
Businesses looking to expand their reach and move from selling directly to using intermediaries and distributors must enter into agency or distribution agreements in order to set out service levels and protect their brand and other rights. Our commercial team are well-equipped to structure, draft and negotiate such agreements, ensuring that the growth of your business is regulated by sound agreements.
/ BBBEE transactions
The South African business landscape is unique in that we are still in the process of redressing the wrongs of the past. South Africa has specific legislation that encourages businesses to engage with previously disadvantaged people in the formal economy with regard to (i) ownership, (ii) management and control, (iii) employment equity, (iv) skills development, (v) preferential procurement, (vi) enterprise development, and (vii) socio-economic development.
The Broad Based Black Economic Empowerment Act and complimentary regulations set out a system in which businesses are rewarded for helping to empower previously disadvantaged citizens of our country. The structure of our own firm reflects these values and resonates with the need to create a sustainable and prosperous economic sector for all South Africans.
/ Share buyback arrangements
Often companies are not aware of share buyback arrangements which lead to increased value for shareholders after the share buyback is complete. With share buybacks, the number of shares in issue are reduced and thus profits are shared between fewer shareholders. However, these types of arrangements have come under scrutiny from the South Africa Revenue Services due to the Capital Gains Tax implications of the transaction.
/ Asset for share agreements
A person or entity may dispose of an asset to a company in exchange for shares in the company. However, these transactions have many regulatory requirements that need to be adhered to and may lead to intricate Companies Act and tax law issues if not carefully considered and executed.
/ Debt
securitisation arrangements (cession, pledge, suretyships, guarantees)
Our commercial lawyers have a wealth of knowledge on issues of debt securitisation and can advise you on the range of security documents including cessions, pledges, suretyships and guarantees. We also provide assistance related to debt securitisation arrangements and the selling of debt, in compliance with local laws.
/ Corporate
restructuring arrangements
There are various reasons that a company or group of companies may need to restructure their corporate arrangement, including reasons related to financial efficiency, regulatory changes, risk mitigation or changes in ownership.
Our lawyers bring practical business sense to the legal advice they provide, and are passionate about positioning businesses on a favourable legal foundation that will ensure future success.
Our depth of commercial and corporate regulatory knowledge allows us to help you seamlessly and with ease, to ensure that all your commercial legal needs are met. We advise on all areas of corporate structuring and restructuring arrangements, from preliminary advice to drafting and negotiating the final deal to finalisation and execution.
/ Sale of business or sale of shares agreements
People often confuse or equate the concepts of sale of business and sale of shares, but the two types of sales are different and require different contractual provisions to accommodate different corporate, tax and commercial consequences.
The sale of a business is the sale of assets and liabilities of a company, and includes physical assets, contracts, intellectual property and more. The sale of a company can consist of the sale of shares issued by the company, in which the shareholding and possibly control of the company changes but the remainder of the business remains unchanged.
/ Sale of goods agreements
Our commercial attorneys are well-versed in the law of sale and can help you draft industry specific sale, supply and off-take agreements with the required level of complexity and protection that your deal requires. Let our team of skilled lawyers help to document your transactions, ensuring legal compliance, risk mitigation and business efficiency.