Corporate Law

We offer a full range of corporate law services to Companies, Trusts, Non-Profits, Schools, Churches, clubs, partnerships, Homeowners Associations and Bodies Corporate. This includes:

Companies

Whether you want to start a new company, or make changes to your existing structure, we can assist. Our services include:

  • Advice on the best type of company and company structure
  • Advice, documentation and training relating to corporate governance
  • Preparing prescribed documents, like Memoranda of Incorporation
  • Preparing shareholders agreements and buy and sell agreements, or preparing / advising on changes to existing agreements
  • Registration of new companies
  • Changes to company details, directors, etc.
  • Company resolutions
  • Advising and assisting directors or shareholders to exercise their rights
  • Shareholding transactions, including sales, subscriptions and buy-backs

Trusts

Trusts have historically been used as flexible vehicles to safeguard and grow assets for future generations, to promote charitable or public benefit goals, or to house business structures. While they have somewhat lost their lustre of late, they can still be used effectively in the right circumstances. Our trust services include:

  • Setting up commercial, family, charitable or B-BBEE trusts
  • Advising on amendments to existing trusts and preparing the necessary documentation to implement changes
  • Changing trustees and beneficiaries
  • Advice, assistance and training on trust administration and governance
  • Assisting Trustees with regulatory compliance
  • Helping beneficiaries or trustees to exercise their rights

Non-Profits

Want to give something back, but not sure where to start? We have helped many budding philanthropists to set up and maintain the most effective structures to suit their needs, including:

  • Advice and implementation of the most suitable corporate structure – whether it be a trust, voluntary association or non-profit company
  • Preparing comprehensive, purpose-built foundational documents that ensure proper oversight and administration
  • Assisting non-profits to qualify for tax exemption and “Section 18A” status
  • Advising on corporate governance and preparing board charters or codes of conduct

Homeowners’ Associations and Bodies Corporate

The rapid proliferation of community housing schemes – whether in the form of estates or sectional title schemes – has created a great need for expert advice and assistance relating to the governance and operations of such schemes. We assist HOA’s and Bodies Corporate to:

  • Prepare, maintain and update their constitutions, rules, policies and other governance documents in keeping with the latest regulations and best practices
  • Resolve disputes
  • Properly apply applicable rules and corporate governance principles

Schools

We are proud to be of service to a number of local government and private schools and academies. Having sat on school governing bodies ourselves, we have a deep understanding of the pressures involved and the holistic approach that is required to effectively manage these complex communities. Our services to schools include:

  • Attending to their procurement and contractual needs by preparing or vetting service provider contracts
  • Drafting and updating policy documents, including codes of conduct and disciplinary codes and procedures
  • Investigations and disciplinary inquiries – both in respect of staff and pupils
  • Employment related matters, including preparing staff contracts and policy documents and resolving labour disputes
  • Advising schools on compliance-related matters ad applicable laws and regulations
  • Drafting parent contracts
  • Recovery of school fees and resolving disputes with parents
  • Approvals, appeals and other legal and administrative interactions with government authorities
  • Negotiating and preparing agreements relating to development and improvements to school premises

Clubs and voluntary associations

We have assisted a variety of sports and recreational clubs to:

  • Prepare or amend their rules and constitutional documents
  • Prepare or amend their policy documents
  • Resolve disputes
  • Better understand corporate governance issues, including AGM’s and elections

Churches

We are closely involved with a number of local churches and assist them with:

  • Staff, volunteer and labour related matters, including contracts and disciplinary proceedings
  • Preparing and reviewing policy documents
  • Preparing and reviewing agreements with service providers
  • Negotiating and preparing agreements relating to development and improvement of church properties

Need help?

Chat to Louis

Louis van Niekerk

Partner

louis@djilaw.co.za