Commercial Law

General

Commercial Law regulates legal and other relationships between parties, and is integral to the everyday operations of your business.

HJW Attorneys Commercial Law Team is highly skilled and able to advise and assist you in all areas of regulating your business and its relationships. They have extensive experience both in South Africa, and throughout Africa where they rely on a reliable network of in-house counsel to assist them with their client’s needs. In this regard the team provides expert advice in various commercial law fields such as:

  • negotiation of contracts;
  • mergers and acquisition’s;
  • management of contracts;
  • resolution of contractual disputes;
  • drafting of contracts;
  • reviewing and settling of contracts;
  • any requirements that corporate entities may have in relation to transactions and business in general;
  • enforcement of contracts by way of litigation should a dispute arise in respect of same; and
  • registration of new companies and trusts.

Contractual Negotiation and Drafting

At HJW Attorneys we understand that commercial contracts are essential to business and commercial transactions and that legally sound contracts would eliminate and prevent unnecessary contractual disputes, which will ultimately avoid litigation. 

All too often, parties fail to regulate their relationships from the outset and then have nothing to rely on when the business relationship falls apart. This often results in huge litigation costs for both parties when trying to enforce their rights. That is why HJW’s Commercial Teams motto is “prevention is better than cure”.

Our professional Attorneys can advise you on and draft a wide range of commercial contracts, which include tailoring a commercial contract to your needs whilst ensuring the contract remains legally sound.

We can assist with the drafting, review, editing, updating and execution of the following contracts (without limitation):

  • shareholders agreements;
  • cession of share agreements;
  • service level agreements;
  • association agreements;
  • subscription agreements;
  • share sale and share buy-back agreements;
  • supplier agreements;
  • licensing and royalty agreements;
  • cession agreements;
  • credit agreements;
  • construction works contracts;
  • contracts of employment;
  • contracts of lease (commercial and residential);
  • contracts of sale (movable and immoveable property);
  • franchise agreements;
  • joint ventures;
  • sale of business agreements;
  • sale of assets agreement;
  • partnership agreements;
  • pledge and surety agreements;
  • service contracts and retainer agreements;
  • shareholders agreements;
  • sale of business agreements;
  • non-disclosure agreements; and
  • terms and conditions of service or sale;

Commercial Litigation

In the event that parties fail to properly regulate the relationship between them, or even if they do but the relationship breaks down and there are disagreements relating to same, HJW Attorneys are perfectly placed to assist you in resolving the dispute. We are also well aware that in fighting disputes of this nature, there needs to be a careful balancing of what you stand to lose/gain versus legal costs and we pride ourselves in properly advising you in this regard.

Whatever your dispute, no matter how small, we will be able to tailor a solution to fit your needs