Corporate and Commercial Advisory in Cape Town
Running a business involves constant legal decisions, many of which are made without recognising them as such. The structure you choose for a new venture, the way you document a board decision, the terms on which you bring in a new investor, and the steps you take when a key employee leaves are all matters with legal consequences. Getting reliable legal advice on these decisions, as they arise, gives businesses a significant advantage. Legal Services Cape Town provides ongoing corporate and commercial advisory services to businesses across the Western Cape and nationally, acting as a trusted legal partner for directors, shareholders, and management teams who need practical, commercially grounded legal guidance.
Our corporate advisory service forms part of our broader corporate and commercial law practice in Cape Town, which also covers the drafting and review of commercial agreements.
Looking for reliable corporate legal support? Contact our team today.
Our Corporate and Commercial Advisory Services
Company Law and Corporate Governance
South African company law imposes specific obligations on companies and their directors, covering matters such as the maintenance of statutory records, the holding of meetings, the approval of decisions by the board and shareholders, and the filing of returns with the Companies and Intellectual Property Commission. The attorney will advise companies on their obligations under the Companies Act 71 of 2008 and assist with governance documentation, including board resolutions, shareholder resolutions, and notices of meetings. Where a company’s governance practices have become informal or inconsistent, they help bring them back into line with the legal requirements.
Directors’ Duties and Personal Liability
Directors of South African companies owe duties to the company that are defined by both the Companies Act and the common law. These duties include the duty to act in good faith, to act in the best interests of the company, to avoid conflicts of interest, and to exercise reasonable care, skill, and diligence. Breach of these duties can result in personal liability for a director. They advise directors on the scope of their duties, the decisions they are entitled to make, the process for managing conflicts of interest, and the steps they should take when a company is in financial difficulty.
Corporate Structuring and Restructuring
The legal structure of a business has significant implications for taxation, liability, governance, and the ability to bring in investors or sell the business in the future. They advise businesses on the most appropriate legal structure for their circumstances, whether that involves a private company, a holding company and subsidiary structure, a partnership, or another vehicle. Where an existing structure is no longer fit for purpose, they advise on restructuring options and assist with the legal steps required to implement the change.
Mergers, Acquisitions, and Business Sales
Buying or selling a business is one of the most significant legal transactions an owner will undertake. The attorney will advise buyers and sellers on the structure of business acquisitions, including asset purchases and share purchases, the due diligence process, the drafting and negotiation of sale agreements, and the regulatory approvals that may be required. They also advise on the legal aspects of mergers and on the integration of acquired businesses into existing corporate structures.
Regulatory Compliance
Businesses operating in regulated industries face compliance obligations that change frequently and carry significant consequences if not met. They advise clients on their compliance obligations under sector-specific legislation and the Companies Act, assist with the preparation of compliance policies and procedures, and advise on the legal implications of regulatory change. Where a compliance failure has occurred, they advise on the appropriate remedial steps and represent clients in engagements with regulatory authorities.
Broad-Based Black Economic Empowerment (B-BBEE)
B-BBEE compliance is a legal requirement for many South African businesses, particularly those contracting with government entities or operating in regulated sectors. They advise businesses on their B-BBEE obligations, the structuring of B-BBEE transactions, and the legal implications of fronting and other non-compliant arrangements. they work with businesses across the B-BBEE scorecard to ensure that their compliance efforts are legally sound and practically implemented.
Why Businesses Choose Ongoing Legal Advisory Support
Many businesses engage a law firm only when a problem has already arisen. The businesses that manage legal risk most effectively tend to be those that have a trusted legal advisor they can call before the problem develops. Early advice on a proposed transaction, a new hire, a governance decision, or a regulatory change is almost always less expensive and more effective than dealing with the consequences after the fact.
Legal Services Cape Town provides corporate advisory support on a matter-by-matter basis or through ongoing advisory arrangements suited to the needs of the business. The attorney will get to know our clients’ businesses well enough to give advice that is grounded in their specific circumstances, not just the general legal position.
For businesses that also need support with commercial agreement drafting, our commercial agreements team works alongside our advisory practice to provide end-to-end corporate and commercial legal support.
For a full overview of the legal services they provide to businesses and individuals, visit our legal services page.
