Commercial Law

Our firm specialises in a wide range of services for entities, including the drafting of new Memoranda of Incorporation and Shareholders’ Agreements for companies and close corporations. We also provide expert assistance with drafting commercial contracts, handling business and corporate transactions, and managing commercial conveyancing matters.

Additionally, we support clients with business sale agreements, the purchase of company shares, and lease agreements. Our services extend to the establishment and administration of trusts, as well as providing comprehensive guidance on tax matters and partnerships, ensuring that businesses are legally sound and strategically positioned for success.

Aspects of Commercial Law:

  1. Business Formation and Structuring
    1. Advising on the most appropriate legal entity (e.g. sole proprietor, partnership, private company).
    2. Drafting and registering company formation documents with the Companies and Intellectual Property Commission (CIPC).
    3. Preparing shareholders’ agreements and memoranda of incorporation (MOIs).
  2. Commercial Contracts
    1. Drafting, reviewing, and negotiating contracts, including:
      1. Sale of goods/services agreements
      2. Lease agreements
      3. Franchise agreements
      4. Joint venture agreements
      5. Non-disclosure and confidentiality agreements
    2. Ensuring compliance with the Consumer Protection Act, Companies Act, and other relevant legislation.
  3. Regulatory Compliance
    1. Assisting with industry-specific licensing and regulatory requirements.
    2. Ensuring businesses comply with tax, employment, and corporate governance obligations.
    3. Advising on compliance with the Protection of Personal Information Act (POPIA) and Broad-Based Black Economic Empowerment (B-BBEE).
  4. Mergers, Acquisitions and Restructuring
    1. Legal due diligence and risk assessment.
    2. Drafting the sale of shares or business agreements.
    3. Advising on structuring mergers, acquisitions, or business sales.
    4. Handling competition law and regulatory approvals if required.
  5. Insolvency and Business Rescue
    1. Advising on liquidation and voluntary sequestration processes.
    2. Assisting companies in financial distress with business rescue planning, administration, and compliance.
    3. Representing creditors in insolvency proceedings.
  6. Commercial Property and Leasing
    1. Assisting with the purchase or lease of business premises.
    2. Drafting and reviewing commercial lease agreements.
    3. Advising on zoning, land use, and property development for business use.
  7. Financing and Security
    1. Drafting loan agreements, suretyships, and security documents.
    2. Advising on financing structures for start-ups and established businesses.
    3. Reviewing compliance with the National Credit Act (NCA).

Lester Hall Fletcher Attorneys is committed to helping businesses thrive by offering strategic, practical legal support. Whether you're launching a new venture or managing a growing enterprise, our commercial law team ensures you're legally protected at every stage.

FAQs

What legal structure should I choose for my business?

The right structure depends on your goals, liability tolerance, and tax considerations. Options include sole proprietorships, partnerships, and private companies. We can help assess the best fit and register your business accordingly.

Why is a shareholders’ agreement important?

A shareholders’ agreement defines the rights and responsibilities of shareholders, decision-making procedures, profit sharing, and what happens if a shareholder exits. It helps prevent future disputes and ensures business continuity.

Do I need written contracts in business?

Absolutely. Written contracts provide clarity, reduce risk, and protect your business if disputes arise. We draft and review all types of commercial agreements tailored to your needs.

What should I do if a client or supplier breaches a contract?

You may pursue remedies such as cancellation, specific performance, or damages. We can assess your legal position and help negotiate a resolution or represent you in litigation if needed.

What is business rescue, and when is it used?

Business rescue is a legal process to rehabilitate financially distressed companies. It aims to restructure debt and operations to avoid liquidation. We can assist with initiating or managing the process.

What are my legal obligations as a company director?

Directors must act in good faith, avoid conflicts of interest, and ensure compliance with the Companies Act. Breach of duties may result in personal liability.

How do I handle a dispute with a business partner?

Many partnership or shareholder disputes can be resolved through negotiation or mediation. If not, legal action may be required. We provide strategic advice to protect your interests throughout.

How can Lester Hall Fletcher Attorneys help my business?

We offer full-service commercial law support—from startup structuring, contracts, and compliance to dispute resolution and business rescue. Our goal is to help your business grow with legal confidence and security.

Protect and Grow Your Business with Strategic Legal Support