Best Corporate & Commercial Lawyers in Johannesburg

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O'Hagan Attorneys
Johannesburg, South Africa

Founded in 2007
English
O'Hagan Attorneys, established in 2007, is a boutique law firm in South Africa renowned for its comprehensive legal services and personalized client care. The firm offers expertise in areas such as antenuptial contracts, cohabitation agreements, conveyancing, deceased estate administration,...
Mukwani Attorneys
Johannesburg, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
About UsTrust us with your caseMukwani Attorneys is a law firm that provides services across a broad spectrum of subjectmatters. We strive to provide innovative and effective solutions no matter the complexity ofthe issue. We take pride in what we stand for Honesty, Integrity, Quality, Promptly...
BDK ATTORNEYS
Johannesburg, South Africa

Founded in 1960
50 people in their team
Afrikaans
English
What We Stand ForLAW WITH DIGNITY. YOU ARE A PERSON - NOT A CASE FILENever let a good fight pass byFair and compassion treatment towards our clientsNavigating our clients through the stormy waters of their legal issuesCollaborative work within our firm to provide the best possible...
Tabacks
Johannesburg, South Africa

Founded in 2000
200 people in their team
Afrikaans
English
Our storyTabacks was started by Lourens van Staden, Mervyn Taback and Rupert Smith, when they decided to break away from Deneys Reitz (with Elize Serfontein and Catharine Keene also from Deneys Reitz joining them a few months later).The intention was to start a boutique law firm, primarily focused...
Hugh Raichlin Attorneys
Johannesburg, South Africa

Founded in 1992
10 people in their team
Afrikaans
English
Hugh Raichlin Attorneys was established in 1992 and enjoys a sound reputation with colleagues and clients. The firm has been successful in a number of reported judgements which have contributed significantly to the development of South African Common Law. At Hugh Raichlin Attorneys, we pride...
Stabit Advocates
Johannesburg, South Africa

Founded in 2000
173 people in their team
English
French
Spanish
Afrikaans
Stabit Advocates LLP (https://www.stabitadvocates.com) is one of the top law firms in the world and stands as a beacon of legal excellence, recognized as one of the top law firms in East Africa, Africa and Globally with over 75 practice areas. Our firm is synonymous with top-tier legal expertise,...
Gravett Schoeman Inc King Williams Town
Johannesburg, South Africa

Founded in 1960
English
Gravett Schoeman Inc., located in King William's Town, South Africa, offers comprehensive legal services across various practice areas, including Commercial Law, Conveyancing, Litigation in both High and Magistrates' Courts, Municipal Law, Motor Vehicle Accident Claims, Administration of Estates...
DTS Attorneys
Johannesburg, South Africa

Founded in 2006
English
DTS Attorneys, established in 2006 and based in Port Elizabeth, South Africa, is a dynamic law firm specializing in commercial law, conveyancing, property matters, and related legal services. The firm is recognized for its integrity and excellence, offering clients a hands-on approach, personal...
Dold and Stone
Johannesburg, South Africa

English
Established in 1841, Dold and Stone is one of South Africa's oldest law firms, with a rich history spanning over 180 years. Located in Grahamstown, Eastern Cape, the firm offers specialized legal services in High Court Litigation, Conveyancing, Estate Planning-including drafting of Wills and Estate...
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About Corporate & Commercial Law in Johannesburg, South Africa

Corporate and commercial law in Johannesburg covers the legal framework governing businesses, companies, and commercial transactions in one of South Africa's busiest metropolitan regions. This field of law encompasses company formation, business structuring, regulatory compliance, contract drafting and negotiation, mergers and acquisitions, shareholder relations, and a range of commercial disputes. Johannesburg, as South Africa’s economic powerhouse, is home to numerous corporations, multinational companies, and entrepreneurs, making corporate and commercial legal services in high demand.

Why You May Need a Lawyer

You may require a corporate and commercial lawyer in Johannesburg for several reasons. Common situations include starting a new business, restructuring your company, entering into complex commercial agreements, navigating regulatory compliance, resolving shareholder or partnership disputes, handling mergers or acquisitions, and addressing employment-related matters. A lawyer can help you understand your legal rights and obligations, minimize risks, and ensure that your business operates within the framework of South African law.

Local Laws Overview

The corporate and commercial legal environment in Johannesburg is primarily shaped by national legislation, with the Companies Act being the cornerstone for company law. Other relevant laws include the Close Corporations Act, the Broad-Based Black Economic Empowerment Act, the Competition Act, and various pieces of legislation related to labor, tax, and consumer protection. Companies in Johannesburg must also comply with the King IV Report on Corporate Governance, which sets guidelines on ethical governance and transparency. Contracts and commercial agreements are governed by common law principles but need to comply with statutory requirements, especially regarding unfair terms, consumer rights, and anti-corruption measures.

Frequently Asked Questions

What is the process for registering a new company in Johannesburg?

You will need to reserve a company name, submit the necessary documents to the Companies and Intellectual Property Commission (CIPC), and comply with statutory requirements such as drafting a Memorandum of Incorporation. Additional permits or licenses may be required depending on your business sector.

Do all businesses in Johannesburg need to be registered with CIPC?

Yes, most business structures including private companies, public companies, and non-profit companies must register with CIPC. However, sole proprietorships are not required to do so, but may need to register with the South African Revenue Service and other relevant bodies.

How do I ensure my business complies with Broad-Based Black Economic Empowerment (BBBEE) requirements?

Compliance with BBBEE involves following specific guidelines on ownership, management, employment equity, and procurement. Businesses should undergo a BBBEE verification process and receive a compliance certificate depending on their size and sector.

What are the key risks in commercial contracts in Johannesburg?

Key risks include unclear terms, penalties for breach, unenforceable clauses, non-compliance with local laws, failure to address dispute resolution, and inadequate protection of confidential information and intellectual property.

How can a lawyer assist during a merger or acquisition?

A lawyer can conduct due diligence, negotiate terms, draft necessary documents, address regulatory approvals, structure the deal for tax efficiency, and ensure all legal risks are covered to protect your business’s interests.

What legal steps are necessary for resolving shareholder disputes?

Shareholder disputes may require the examination of shareholder agreements, mediation or alternative dispute resolution, and, if unresolved, litigation in South African courts. Sound legal advice can help protect your rights and interests during such disputes.

Is it necessary to have a written contract for every business transaction?

While not every transaction legally requires a written contract, having one provides clear evidence of the agreement, helps avoid misunderstandings, and makes legal enforcement easier. Significant or complex transactions should always be documented in writing.

How does South African law address insolvency for companies?

The Companies Act and the Insolvency Act provide mechanisms for business rescue, liquidation, and creditors’ claims. Early legal intervention can help explore options such as debt restructuring or business rescue before insolvency proceedings commence.

What are my obligations as a company director in Johannesburg?

Directors are required to act in good faith, with care, skill, and diligence, and in the best interest of the company. They are also obligated to avoid conflicts of interest, comply with statutory and common law duties, and ensure the company follows all applicable laws and regulations.

How can I protect my business's intellectual property in South Africa?

You should register trademarks, patents, or designs with the CIPC, implement confidentiality agreements with employees and contractors, and take swift legal action if infringement occurs to safeguard your business’s intellectual assets.

Additional Resources

Those seeking further information or assistance with corporate and commercial law in Johannesburg can refer to the following resources:

  • Companies and Intellectual Property Commission (CIPC) - Responsible for company registration, intellectual property, and compliance information
  • South African Revenue Service (SARS) - Provides information on business tax obligations and registration
  • Department of Trade, Industry, and Competition (DTIC) - Offers guidance on business regulations, incentives, and BBBEE compliance
  • Johannesburg Chamber of Commerce and Industry - Offers networking opportunities and business support
  • The Law Society of South Africa - Lists qualified attorneys specializing in corporate and commercial law

Next Steps

If you find yourself needing legal assistance in the field of corporate and commercial law in Johannesburg, start by identifying the nature and urgency of your legal issue. Gather all relevant documentation and consider scheduling a consultation with an attorney experienced in corporate and commercial matters. Clearly communicate your objectives and concerns and be open to discussing various legal strategies. Research potential law firms or practitioners, factor in their experience and expertise, and ensure they are registered with relevant legal bodies. Taking timely action and seeking professional advice can help safeguard your business, ensure compliance, and contribute to your long-term commercial success.

Lawzana helps you find the best lawyers and law firms in Johannesburg through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Corporate & Commercial, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Johannesburg, South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.