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Contracts and Drafting

The contracts you enter into, whether as a business or as a person, are important in ensuring an effective business relationship that increases efficiency and mitigates risk for the contracting parties. At LHL Attorneys we make sure that you have the upper-hand.

Our team of lawyers are specialist contract draftsmen, specialising in general corporate agreements, service level agreements, off-take agreements, framework agreements, partnership agreements, joint venture agreements, confidentiality agreements, lease agreements and distribution agreements. Our tech-savvy commercial team will deliver meticulously crafted agreements with a quick turnaround time that protects your interests, ensures contractual efficiency and mitigates risk.

Commercial contracts

Members of our commercial team have experience from a top large South African corporate and commercial law firm. This, coupled with years of experience in drafting and negotiating a wide range of commercial contracts ensures that all aspects of your business are covered by compliant, favourable and easily understandable contracts.

We cut out unnecessary jargon to ensure that all parties understand what their obligations are, and to eliminate preventable confusion and possible litigation.

We are particularly adept at helping small and medium-sized businesses grow. We build long-term relationships with small and big corporations alike, to ensure that we know your business inside-out. Building lasting relationships is our strength – we seek to understand your business, the industry in which it operates and its commercial needs, to effectively provide tailored solutions with quick turnaround times.

Business to consumer terms and conditions

The trend in business regulation has moved more and more toward consumer protection over the years and we feel that this is a positive development. Consumer awareness and the frequency of consumer-led litigation have forced businesses to up their game, and provide appropriate, good quality products and services to the public.

However, even well-meaning businesses may get tripped up by the huge amount of intricate regulations related to dealing fairly with consumers. Our legal team at LHL Attorneys are well-versed in all aspects of consumer protection laws, and are well-equipped to draft terms and conditions that are compliant with all the relevant rules and regulations, while still ensuring that your commercial dealings are viable, practical and profitable.

We draft terms and conditions that are fair to consumers and not burdensome to your business. Speak to our experts for advice on drafting or updating your business-consumer terms and conditions and rest assured that your risk will be considerably mitigated.

Agency and distribution agreements

Businesses looking to expand their reach and move from selling directly to using intermediaries and distributors must enter into agency or distribution agreements in order to set out service levels and protect their brand and other rights.

Our commercial team are well-equipped to structure, draft and negotiate such agreements, ensuring that the growth of your business is regulated by sound agreements.

Speak to one of our highly skilled commercial lawyers for advice that combines favourable commercial outcomes with comprehensive legal compliance.

BBBEE transactions

The South African business landscape is unique in that we are still in the process of redressing the wrongs of the past. South Africa has specific legislation that encourages businesses to engage with previously disadvantaged people in the formal economy with regard to (i) ownership, (ii) management and control, (iii) employment equity, (iv) skills development, (v) preferential procurement, (vi) enterprise development, and (vii) socio-economic development.

The Broad Based Black Economic Empowerment Act and complimentary regulations set out a system in which businesses are rewarded for helping to empower previously disadvantaged citizens of our country. The structure of our own firm reflects these values and resonates with the need to create a sustainable and prosperous economic sector for all South Africans.

Our team at LHL Attorneys is passionate about empowerment and transformation, and we would be happy to help you structure and negotiate BBBEE transactions. From drafting contracts and advising on relevant laws, to expertly assisting throughout the entire negotiation process, partner with us for bespoke advice and efficient service.

Share buyback arrangements

Often companies are not aware of share buyback arrangements which lead to increased value for shareholders after the share buyback is complete. With share buybacks, the number of shares in issue are reduced and thus profits are shared between fewer shareholders. However, these types of arrangements have come under scrutiny from the South Africa Revenue Services due to the Capital Gains Tax implications of the transaction.

It would be wise to speak to our commercial law experts to work out the potential value and possible risks of a share buyback arrangement. Let us help you structure your arrangements in compliance with South African laws and regulations, to avoid any risk of regulatory miss-steps and to add value to shareholders of companies.

Asset for share agreements

A person or entity may dispose of an asset to a company in exchange for shares in the company. However, these transactions have many regulatory requirements that need to be adhered to and may lead to intricate Companies Act and tax law issues if not carefully considered and executed.

Make sure that your transaction is compliant by speaking to our commercial lawyers who have a depth and breadth of expertise in these matters. We can ensure that your transaction adds value to you and is compliant.

Debt securitisation arrangements (cession, pledge, suretyships, guarantees)

Our commercial lawyers have a wealth of knowledge on issues of debt securitisation and can advise you on the range of security documents including cessions, pledges, suretyships and guarantees. We also provide assistance related to debt securitisation arrangements and the selling of debt, in compliance with local laws.

We can advise on corporate-related aspects of financing transactions including security documents, and our team will ensure that the management of your transaction is handled with efficiency and is compliant with the wide spectrum of company law and internal corporate governance.

Corporate restructuring arrangements

There are various reasons that a company or group of companies may need to restructure their corporate arrangement, including reasons related to financial efficiency, regulatory changes, risk mitigation or changes in ownership.

Our lawyers bring practical business sense to the legal advice they provide, and are passionate about positioning businesses on a favourable legal foundation that will ensure future success.

Our depth of commercial and corporate regulatory knowledge allows us to help you seamlessly and with ease, to ensure that all your commercial legal needs are met. We advise on all areas of corporate structuring and restructuring arrangements, from preliminary advice to drafting and negotiating the final deal to finalisation and execution.

Sale of business or sale of shares agreements

People often confuse or equate the concepts of sale of business and sale of shares, but the two types of sales are different and require different contractual provisions to accommodate different corporate, tax and commercial consequences.

The sale of a business is the sale of assets and liabilities of a company, and includes physical assets, contracts, intellectual property and more. The sale of a company can consist of the sale of shares issued by the company, in which the shareholding and possibly control of the company changes but the remainder of the business remains unchanged.

The legal and tax implications of the transactions are different, as well as the risks and opportunities of each. One must ensure that warranties contemplated in the agreement cater for the specific type of transaction, whether it is a sale of securities (shares) or a sale of business. Tag along and drag long provisions which affect shareholders’ rights regarding a potential sale of shares is also pertinent in negotiating and drafting a sale of business or sale of shares agreement.

Our commercial team has experience working at South Africa’s top large commercial law firm, ensuring depth of knowledge and skill in advising, drafting, and negotiating both sale of business and sale of shares agreements. We will assist you in achieving a commercially sound and favourable outcome. Speak to us for advice on your transaction, and let us help you document your deal quickly and expertly, whilst ensuring you obtain an outcome which is advantageous and caters for legal risks.

Sale of goods agreements

Our commercial attorneys are well-versed in the law of sale and can help you draft industry specific sale, supply and off-take agreements with the required level of complexity and protection that your deal requires.

Let our team of skilled lawyers help to document your transactions, ensuring legal compliance, risk mitigation and business efficiency.