As a businessman (and a lawyer, which helps) I am acutely aware of the importance of getting the wording correct in the drafting of commercial documents. Compliance aside, it is vital for the protection of your business and your employees lest you find yourself in the firing line of a judge, arbitrator, business rescue practitioner or ombudsman for a poorly-worded, sorely-lacking, non-compliant agreement.

As a specialist in the commercial law space having to draft commercial contracts which include memoranda of incorporation, shareholders’ agreements, employment agreements, agency and distributorship agreements, sales of business and shares, subscription agreements, contracts, powers of attorney, etc., we are required to keep abreast of changes in legislation and corporate law. This enables us to give effective, actionable advice to our clients – so you can avoid any loopholes should the proverbial s*&t hit the fan.

For example, did you catch our article on Insurance Policy Renewals? This is not a half-an-hour conversation to have over a cup of coffee, this is something that you actually need to sit down and apply your mind to; working through and understanding every detail with an expert eye (that’s us) will give you peace of mind.

While partnerships, joint ventures, shareholder agreements, contracts (and marriages) are  mostly entered into with the best of intentions, over time cracks inevitably do begin to show and whether for financial or personal reasons, you may reach a point of such conflict that a real threat to the continued existence of your business is posed, especially in these trying times. Contracts go a long way to sealing the deal and determining exit strategies but seldom make provision for termination by just one party – have you heard of  the Texas Auction clause? This will give you ample ammunition if you are wanting to pull the trigger on a deal.

Another key change in legislation due to go live on 1 July is POPIA and the revision of policies and practices pertaining to the collection, processing and retention of personal information. In most instances, compliance extends beyond merely revising policies, but involves re-working existing information processing practices, and training staff. Best to get your house in order to avoid potential huge fines for non-compliance.

I could go on, but you get the picture – or the wording thereof – the devil is truly in the details!

There are a couple of articles below which may be of some assistance, but feel free to give me a call and we can set up a Zoom meeting to discuss your requirements.

Yours in law.

Got trust issues? How to remove trustees from a business trust
There are several remedies for removing trustees from a business trust, assuming they fall within the regulations contained in the Trust Property Control Act 57.

Key changes that POPI has brought about for the insurance industry
Compliance constitutes good corporate governance and reduces the risk of the entity which not only safeguards the corporate controllers but also benefits its stakeholders.