Commercial Law

Commercial Law, which is more commonly known as Business Law, applies to the rights, relations and conduct of persons and businesses engaged in commerce, merchandising, trade and sales.

We offer all-encompassing risk management solutions to all your commercial transactions.

Our team consists of attorneys who are highly skilled and experienced litigation attorneys, as well as qualified Mediators and Arbitrators who render litigation and dispute resolution services in all aspects arising out of commercial transactions.

  • Drafting and interpretation of commercial agreements, including lease agreements and sale agreements;
  • Dispute resolution mechanisms (mediations and arbitrations) in respect of disputes arising out of commercial transactions;
  • The interpretation and enforcement of commercial transactions;
  • Risk management of commercial transactions;
  • Insurance Law;
  • Consumer Law;
  • Shareholders agreements; and
  • MOI (Memorandum of Incorporation) for companies.

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The Companies Act has brought about new changes to various procedures and concepts within the South African Corporate sphere. Knowledge of this Act and the new changes that come with it is essential for any business. Allardyce & Partners is a competent firm that will help your business comply with this legislation. We advise on, but not limited to the following:

  • Ordinary & Special Resolutions;
  • Memorandum of Incorporations (MOI’s);
  • Directors duties;
  • Corporate Governance.

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Compliance with The BBBEE Act, No 23 of 2003 is essential for any company that conducts business in South Africa. Allardyce & Partners provide prudent advice on many issues concerning BBBEE, including:

  • BEE developments and the impact of BEE management control structures and ownership;
  • Reviewing of the scorecard compliance and advising on how your business can improve compliance.

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The CPA was established to promote and protect the social and economic welfare of Consumers. Breach of any provisions could prove costly for any business. Allardyce & Partners is well placed to advice businesses on the burden this Act places on them to ensure compliance. We will advise on, but not limited to the following:

  • Fair and responsible marketing;
  • Fair, just and reasonable terms and conditions;
  • Fair and honest dealing;
  • Good quality and Safety.

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The NCA Introduces new concepts and mechanisms of protection of credit consumers in terms of South African law. Further, it covers a variety of credit agreements and regulates the contents thereof. Allardyce & Partners is well placed to offer advice on how credit providers can comply with the Act to avoid litigation for any breach of the aforesaid legislation.

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The purpose of the POPI Act is to ensure that all South African institutions conduct themselves in a responsible manner when collecting, processing, storing and sharing another entity’s personal information by holding them accountable should they abuse or compromise your personal information in any way. Allardyce & Partners will provide essential advise on how your business may comply with POPI to avoid breaching the Act.

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  • Drafting and negotiating of Asset Finance Agreements;
  • Service Level Agreements;
  • Corporate Formation and Registration;
  • Advising on Municipal Structures including compliance with the Municipal Finance Management Act 56 of and the Public Finance Management Act 1 of 1999.
  • Background Screening of current and prospective employees at all level, which includes verification of qualifications; references; professional memberships; citizenship status; etc.

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