Commercial law covers Companies Act 71 of 2008 matters, commercial contracts, corporate governance, and business disputes. SA has a well-developed commercial jurisprudence, strong Companies Act, and established Commercial Court practice. Commercial attorneys work with accountants, tax advisors, and company secretarial experts on integrated transactions.
When to hire a commercial law attorney
- You are setting up a company, trust, or partnership.
- A shareholder or director dispute has arisen.
- A contract has been breached and remedies are needed.
- You are buying or selling a business.
- Corporate governance issues threaten compliance.
What to expect
Services range from transactional (incorporation, MOIs, shareholder agreements, commercial contracts) to contentious (litigation, arbitration, oppression claims). Many commercial disputes go to arbitration under the AFSA or CAJ rules - faster and more confidential than court.
Typical fees
Company incorporation: R2,500-R8,000. Commercial contract drafting: R5,000-R80,000. Shareholder agreements: R15,000-R60,000. Commercial litigation: R100,000-R1M+ depending on complexity.
Specific areas within Business & Commercial Law
Commercial Law
Companies Act matters, commercial contracts, and business disputes.
Contract Drafting & Disputes
Commercial contracts, breach claims, and contractual interpretation.
Shareholder Disputes
Oppressive conduct claims under Section 163 of the Companies Act.
Mergers & Acquisitions
M&A transactions, due diligence, and Competition Commission clearances.
B-BBEE Compliance
Broad-Based Black Economic Empowerment scorecards, sector codes, and transaction structuring.
Liquidation & Business Rescue
Company liquidations and Chapter 6 business rescue proceedings.
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