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Corporate & Commercial Law

Corporate & Commercial Law

A dedicated legal partner to help you build your business.

A dedicated legal partner to help you build your business


We represent each corporate client’s best interests, whether you are starting a new business or looking to grow a larger business, you need corporate and commercial lawyers who can guide you effectively navigate your way through the ever-changing business environment.

Areas of special emphasis in our corporate and commercial law practice include corporate law, mergers and acquisitions, private equity, corporate governance and commercial work. We don’t just do ‘the big deals’, we build a team around you to support your business.

We make it our business to understand your business, tailor our advice to suit your needs, and help you succeed in your objectives in a way that adds value.

  • Business Structuring [Companies and Trusts]
  • Corporate Governance and Administration
  • Anti-Bribery & Corruption [Fraud Risk Governance]
  • Insolvency and Business Rescue
  • Commercial Contracts
  • Corporate Advisory
  • Cross-Border Investment
  • Mergers & Acquisition

Corporate Finance

Corporate Finance

A dedicated transactions advisor for your next deal.

Our corporate finance legal services team is respected in the legal profession and highly regarded in the financial sector and borrowing community. We offer advice on various capital raising techniques, depending on your needs. Knowing and understanding your business helps us provide you with the best possible advice on your financing needs and structure.

We offer a first-class corporate finance business service that deals with company law, mergers & acquisitions, transactions (sell-side and buy-side of company buyouts), private equity, corporate capital raising.


  • Corporate Advisory
  • Mergers & Acquisitions
  • Private Equity Transactions
  • Offshore Business Activities (private clients only)

Taxation

Tax

A dedicated team for your tax and compliance requirements.

A dedicated team for your tax and compliance requirements.

Our experienced tax group provides creative solutions and advice so our clients can successfully navigate the area of tax. Our team has a great depth of expertise backed by decades of practice on all sides of the tax environment.

To help you move quickly and efficiently, we leverage our strong relationships with regulators and revenue authorities to get efficient and cost-effective solution to your tax problems. Our clients include high-net-worth individuals and medium-sized enterprises, to large corporations and our team advises them on a broad range of tax related issues including:

 


  •  Corporate Tax and Re-structuring
  • Employment-related Tax and Incentives
  • Indirect Taxation
  • Private Client Tax and Wealth Planning
  • Property Tax
  • Tax Disputes Resolution and Litigation [tax controversy]
  • Tax Planning
  • Transfer Pricing
  • Customs & Excise
  • Tariff Dispute Resolution [determinations and classification]
  • Tax Risk Management
  • Tax Health Reviews and Due Diligence
  • Tax Training Seminars
  • Tax Voluntary Disclosure [tax compromise or write-off requests]
  • Tax Opinions
  • Tax Fraud and Money Laundering Investigations

Property Law and Conveyancing

Property Law & Conveyancing

A dedicated team of property experts

Conveyancing Calculator

A dedicated team of property experts

Our skilled property and conveyancing professionals are your access to South Africa leading property advisors – all interesting in securing quality, efficiency, and peace of mind in your property, investments, development and financing process.

Our property and conveyancing team has the expertise to offer guidance, practical assistance and to help secure the deal.

We assist companies that are involved in purchasing, selling or financing commercial and development properties or leasing commercial premises, or if your property relationship is the subject of dispute.


Commercial

· Advice on commercial, industrial, residential and retail property development transactions.

· Development structures, strategies and implementation.

· Lease agreements, sectional title developments, share block developments and fractional ownership.

· Property rights and DFA applications.

 

Transactional

 

· Commercial property transactions involving immovable and movable property.

· Due diligence investigations in mergers and acquisitions.

· Commercial contracts (drafting, vetting and opinion work).

· Structuring of property investments.

· Tax structures on property transactions.

· Financing strategies, advice and bond registrations.

 

General

· Conveyancing and notarial services.

· Notarial execution of prospecting and mining rights.

· Compliance with local and national legislation and permits regarding land issues.

· Planning and land use/rights applications.

· Environmental matters including water law.

· Restitution of Land Rights Act 22 of 1994.

· Social Housing developments.

· Township-related developments.

. Applications and the registration of real rights in land, Sectional Titles and other Community Schemes dispute resolution and litigation.

· Body Corporate training.

· Trustees training.

Employment & Labour Law

Employment & Labour Law

A dedicated labour lawyer for your critical employment and labour relations needs.

A dedicated labour lawyer for your critical employment and labour relations needs

Our employment lawyers are able to handle a diverse range of employment and labour matters. With specialised knowledge and experience to assist clients on even the most complex matters, our labour law experts work to ensure the proper outcome in all cases.

We support both employees (including labour federations) and employers with employment law issues and disputes resolution to contribute to a functioning and healthy economy.

We assist clients in managing the legal and reputational risks associated with disciplinary recommendations in forensic reports, suspensions, dismissals, industrial relations, employee benefits, employment equity and BEE, promotions, workplace health and safety, retrenchments and transfer of business matters.

Our expertise covers the full range of employment law, employee benefits, recruitment procedures, dismissals, employment tribunals, employee benefits and structure, pension fund governance, rule amendments and regulatory compliance:


  • Contentious and non-contentious labour law issues including termination of employment, sexual harassment, discrimination and dispute resolution.
  •  Dispute resolution and litigation
  •  Representation in the CCMA, Statutory Councils, Labour Court, Labour Appeal Court, High Court, Supreme Court of Appeal and Constitutional Court.
  • Industrial relations strategy and bargaining.
  • Managing workplace health, safety liability and providing legal support in the event of a workplace incident, accident or fatality.
  • All aspects of regulation, management and restructuring of pension fund schemes.
  • Reviewing employment documentation and policies to ensure compliance with local and international laws.
  • Managing the influence and demands of other stakeholders such as regulators and trade unions.
  •  Managing the transfer of employment and business issues arising in corporate M&A transactions.

Intellectual Property

Intellectual Property

A team of trademark and patents professionals, ready to secure your rights.

A team of trademark and patents professionals, ready to secure your rights

The intellectual property associated with your business venture is frequently the most valuable business asset and a key differentiator in a competitive marketplace.

Legal protection for the IP associated with the business can include goodwill, trademarks, patents, know-how, confidential information, innovative processes, and copyright.

Our team helps you take the necessary steps to protect and register your IP so that you’ll be able to capitalise on it when you sell or finance your business.

Maluks’ intellectual property lawyers are well placed to assist business owners in protecting their intellectual property and enforcing their rights against others:


  •  Patent Prosecution and Litigation
  •  Trademark Prosecution and Litigation
  •  Copyright Protection
  •  Design Prosecution and Litigation
  •  Plant Breeders’ Rights
  •  Counterfeit Goods
  •  Language Services
  •  IP Valuation
  •  Mediation, Arbitration and Adjudication
  •  Domain Dispute Resolution
  •  IP Tax
  •  ARIPO Patent Registrations

Forensics & Fraud Risk Governance

Forensics & Fraud Risk Governance

A highly competent team of Forensic, Fraud risk, IT and Finance professionals.

A highly competent team of Forensic, Fraud risk, IT and Finance professionals

We offer proactive and on-demand investigative forensic governance solutions including corporate, regulatory compliance and monitoring.

Our practitioners spend time clearly understanding clients’ needs in the context of the broader complex issues at stake. By balancing these dynamics and applying our expertise, we provide tailor-made solutions to solve the challenges our clients face and to help create opportunities with positive impact.


Proactive Solutions

· Asset tracing, commercial recoveries and other proceedings

· Forensic investigations (extending to those required in liquidations and business rescue) and forensic investigative assistance

· Criminal investigations and related proceedings

· Financial, economic and tax investigations

· Employment law related forensic issues

· Public and private sector procurement issues including competition investigations

· Computer forensic services, electronic discovery and cyber crime

· Expert witness services

 

Corporate and Regulatory Compliance and Monitoring

 

· Anti-bribery and corruption compliance and due diligence

· Anti-money laundering compliance

· Tax fraud

· Training related to all relevant fraud, corruption, compliance subjects

 

Fraud Risk Management and Advisory Services

 

· Fraud awareness, prevention and detection

· Development, implementation and evaluation of ethics and compliance programs and related anti-fraud and fraud risk analysis and due diligence

· Advise on whistle blowing mechanisms or means of reporting suspected fraud

· Third party due diligence and corporate intelligence

· Employee and supplier vetting

· Counter industrial intelligence

· Asset-tracing and recovery

· Forensic data analytics

· Dispute Resolution

· Corporate governance support and training to management and staff

Dispute Resolution & Litigation

Dispute Resolution & Litigation

Our team of lawyers – always in your corner.

Our team of lawyers – always in your corner

Companies in today’s market need to manage the many of risks inherent in doing business.

With Maluks’ legal expertise, your enterprise’s unique risks can be assessed, managed and, where possible we help prevent disputes for you.

We collaborate with clients and other experts to identify and execute the most advantageous business-oriented solutions in the most cost effective and timely manner. We’ll determine if your matter can be resolved through alternative dispute resolution (ADR), such as arbitration and mediation, or if it is necessary to pursue litigation.

Either way, we are experts in all types of disputes between private individuals, business partners, corporate entities or governmental departments.

Our team represents and appears for clients in the Magistrates Court, High Court, Supreme Court of Appeal, Constitutional Court, Labour and Labour Appeals Court.


  • Banking and Finance
  • Constitutional Law & Human Rights
  • Administrative Law
  • Insurance Litigation
  • Insolvency Law (liquidations, sequestrations and rehabilitations)
  • Medical Malpractice
  • Motor Vehicle Accidents and Road Accident Fund Claims (RAF)
  • Personal Injury Claims
  • Contractual Disputes
  • Debt Collections and Foreclosures
  • Expropriations
  • Environmental and Water Disputes
  • Competition Law
  • Public Procurement

Public Sector Law & Advisory

Public Sector Law & Advisory

Helping to navigate you through administrative and constitutional law.

Helping to navigate you through administrative and constitutional law

Our team has advised many public sector organisations, municipalities, government departments and state-owned enterprises in all aspects of procurement law with reference to the Public Finance Management Act, Municipal Finance Management Act, Preferential Procurement Framework Act, Broad-Based Black Economic Empowerment Act, Treasury Regulations and the South African Constitution.


Transaction Advisory

We provide assistance to government institutions by conducting feasibility studies and due diligence reviews for existing and green-fields government projects. Our team also assists with the structuring of appropriate business and financial models to deliver successful projects, including PPP.

Tenders

We regularly advise clients on the drafting of “Terms of Reference,” contracts and supply chain policies. This is complemented by our experience in handling framework policies and procedures, tender negotiations and the awarding of tenders.

Administrative Law

We advise clients on administrative actions and judicial reviews of public decisions in terms of Promotion of Administrative Justice Act (PAJA).

Access to Information

We help our clients request and access information held by private and public bodies in the exercise and protection of their rights – and are able to institute court applications to compel disclosures in terms of the Promotion of Access to Information Act (PAIA).

Mining & Mineral Law

Mining & Mineral Law

Determination in managing and securing your Mining Rights

Determination in managing and securing your Mining Rights

Maluks boasts a team of lawyers from multiple practice areas and with considerable industry expertise to deliver integrated and collaborative advice on mining matters in South Africa. This is essential in enabling us to provide a quality and cost-effective service, for our mining and prospecting clients.

We have represented a number of local Junior mining companies in the mining, energy and water resources sectors.


Mining

· Prospecting and Mining Rights (including licensing)

· Due Diligence Investigations

· Sale and Disposal of Assets

· Mine and Health and Safety

· Environmental Law

· Water-use licences

· Employment Law

· Shareholders agreements and share purchase agreements

· Mergers & Acquisition

· Project Agreements

· Property Agreements

· Drafting and Vetting of Coal Supply Agreements

· Structuring of Joint Venture Agreements and Entities

· BEE Ventures

 

Energy

· Project Development

· Systems Agreements

· Power Purchase Agreements

· Electricity Supply Agreements

· Obtaining regulatory approvals

· Negotiating and drafting EPC and O&M Agreements

· Structuring of joint venture agreements and entities

· Property related agreements

· Competition Law

· Tax Matters

· Project finance agreements and asset backed security agreements

· Employment law

· BEE transactions

· Environmental and Health and Safety issues

· Obtaining water-use licenses