Corporate and Commercial Services

Brazington McConnell's corporate law practice covers the full spectrum of corporate transactions important to South African business.

Brazington McConnell has a Corporate Governance and Counselling practice in which we advise companies and other entities, and their directors and officers, regarding the entire spectrum of corporate governance issues.

We routinely advise companies on day-to-day internal governance issues, shareholder relations and compliance with the full range of laws, rules and regulations governing corporate governance, including the Companies Act, Close Corporations Act & Trust Property Control Act.

Our practice includes advising Boards, Board Committees and Executive Officers regarding:

• Governance and compliance issues. The preparation of all documents required in terms of Companies, Close Corporations & Trust Property Control Acts. We will ensure that the relevant entity complies with the myriad of legislation, rules and regulations applicable to the trading entities in South Africa. These include, Access to Information Act, Fica, National Credit Act
• Drafting and registering various forms of Trusts, drafting and registering various forms of Companies (and Close Corporations) and converting Close Corporations to Companies and vice versa, drafting Sale of Business Agreements, Sale of Business Asset Agreements, Partnership Agreements, Shareholders Agreements, Association Agreements, transfers of and alterations to share capital.

Brazington McConnell also assist clients with the perusal of contracts and client-based advice thereon. We also assist clients with the drafting of all Commercial Contracts like Sale Agreements, Lease Agreements, Building Contracts, Acknowledgements of Debt, Suretyships, Pledges, etc.

We are continuously monitoring developments in the evolving corporate governance area and are therefore au fait with regulatory, legislative and judicial developments in this area.

Fee Structure

The most common arrangement with our Corporate Clients is to operate on a Retainer Fee Agreement. The amount of the retainer is dependant upon the nature, volume and complexity of the client's commercial work.

This retainer routinely covers Governance and Compliance issues, as well as all perusal, advice and drawing of Commercial Contracts.

When we attend to the drawing and registration of Company, Close Corporation and Trust documents, standard tariffs apply (unless governed by a Retainer Agreement) and are not time-based but results-based.

Please don't hesitate to contact us for a quotation relating to your individual and client-specific requirements.

Registration Process & Timetable

Please do not hesitate to contact us for expected timetables relating to the registration of Trusts and Trust amendments.

The registration of documents at the Companies and Intellectual Property Registration Office (known as CIPRO) varies constantly. CIPRO does publish a table on its website www.cipro.co.za but in our experience CIPRO is always extremely optimistic in its predictions.