How Mercantile Law Attorneys Can Help Your Company Stay Legislative Compliant in SA
It is important to consider the connection between the various laws in South Africa. Contract law, the Consumer Protection Act, the National Credit Act, the Companies Act, various property laws, employment laws, and even intellectual property laws all affect a business operating in South Africa. As such, should you wish to establish a company in South Africa, you need to ensure compliance with the various laws, including the tax laws of the country.
It is thus best to speak to attorneys specialising in mercantile law about the legal structure of the company and aspects such as the Memorandum of Incorporation (MoI). For one, what happens in the instance where you are the managing director and owner of a company, and you pass away without a will? Who will run the company? Why is it important to make provision for the passing away of a founding director in the MoI?
Even when it comes to credit management, you will want to make use of the services offered by attorneys experienced in mercantile law. Any type of agreement is a form of contract. As such, it is essential to ensure that the agreement is drafted in accordance with legal requirements.
You may want to invest in various properties, but also want to know the implications of Capital Gains Tax upon speculating with the properties as business. With mercantile law attorneys to assist with all legal aspects, you ensure that your firm operates within the boundaries of the law, also when it comes to taking legal action against debtors, such as attaching assets for sale on auction to get the money owed by the debtors.
Your business may operate several properties. What are your rights as a property owner? How should you structure lease agreements to ensure fairness, legal compliance, and protection of your property owner rights? How does business rescue work and what if you want to liquidate one of your firms? Our mercantile law services are extensive and as such, we can assist your firm with aspects ranging from debt collection to drafting of the MoI, setting up contracts, such as credit agreements, entering in joint ventures, transferring property after purchase, and more.
Operating a business in the competitive environment of today is already a daunting task. Staying abreast with all the legal requirements can be a full-time process. Let our mercantile law attorneys assist your firm with the legal aspects related to commercial transactions and the management of a business in South Africa, helping you to focus on core business aspects, and to avoid legal pitfalls.
Disclaimer: This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing – April 2018.