Main Features
Whether you need just basic company registration services or more complex legal services, here are some of the services offered by commercial law service providers.
Basic company registration
Get help registering your business with the Companies and Intellectual Property Commission (CIPC) with or without name reservation. Other basic services you can request from a commercial law service provider are a custom drafted shareholders agreement or memorandum of incorporation, BEE Affidavit; and the drafting of an executive employment agreement.
Contract and agreements
The handling of contracts is one of the most important legal requirements that business owners will need to meet. Some contracts that entrepreneurs will typically have to enter into at the very beginning stages of setting up their company are Memorandum of Incorporation, which is the constitutional document of a company.
Other types of typical contracts are: a shareholders’ agreement, letters of appointment and employment contracts, a lease agreement for the premises from which they will run their business, and insurance agreements.
Businesses are also responsible for the drafting of the following key agreements – financial agreements, non-disclosure or confidentiality, as well as agreements to protect the proprietary information of the business, as well as standard terms and conditions with suppliers or service providers.
Intellectual property
Commercial law service providers can help you protect your intellectual property by registering your patents, copyrights and trademarks with the CIPC. An attorney can guide you on what is worth protecting and how to go about doing it.
Related: How To Protect Your Intellectual Property
POPI compliance
If you are going to be handling any customer or employee data, it is important that a business adheres to the Protection of Personal Information Act (POPIA). Business owners should get legal advice to safeguard their businesses against potential business-crippling fines.
Corporate governance structures
If your business is a registered entity (company or CC), the law requires that you recognise and practice good corporate governance. These are cost-effective and simple mechanisms and processes that help businesses to establish structure, improve operations, contribute to business growth and ensure effective compliance with the law. They also set out the rules and arrangements that determine what a business and its various stakeholders can and cannot do.
Property law
The protection of ownership of your property is an important part of your business. This includes registering ownership of property, plant and equipment or intellectual property rights.
Consumer protection laws
Your business may be required to comply with this legislation as a supplier or is offered protection as a consumer. Ensure your business is compliant with all aspects relating to consumer protection and business practices relating to products and services, such as quality, fair pricing, dealing with returns and refunds, and complaints process and remedies.
Cyber law
An increasingly important aspect of every business. Requirements include custom website Terms of Service/Terms and Conditions; automated website privacy policy and the POPIA compliance services.
Employment and labour law
Businesses must comply with the Basic Conditions of Employment Act 75 of 1997 which mainly deals with, but is not limited to, contracts of employment; regulation of working hours; remuneration; procedural fairness; dismissals and resignations and the notices. All these aspects are important for the continuous operation of business
Tax-related laws
There are numerous tax laws that business owners must adhere to, from VAT Act 89 of 1991 to the Securities Transfer Tax Act 25 of 2007, which may also include industry specific tax laws.
The most comprehensive and relevant to most businesses is the Income Tax Act no 58 of 1962. This Act regulates and taxes all and any form of income, be it personal or business. Differing tax rates apply to micro, small, medium and large businesses. To mitigate risk, it’s important that you know what your obligations are as a small business.
