Corporate & Commercial - Maphosa Attorneys

Corporate &
Commercial

Commercial, Corporate & Company Secretarial Services

COMMERCIAL LAW SERVICES

We provide end-to-end support across the commercial contract lifecycle. Beyond drafting agreements tailored to our clients’ needs, we advise on contract strategy, negotiate terms and help clients reach agreements that support their commercial objectives while managing risk.

Our work spans joint venture and partnership agreements; confidentiality and non-disclosure agreements; agency arrangements; sale and purchase agreements; employment and intellectual property contracts; commercial leases; and service level agreements. We also advise on contractor, construction and engineering agreements, including NEC, JBCC, GCC, FIDIC and PROCASA contracts, as well as supply and services, distribution, franchise and licensing agreements.

We bring a practical, commercially focused perspective to every stage, from the first proposal through negotiation and conclusion of the agreement.

CORPORATE LAW ADVISORY & COMPANY SECRETARIAL SERVICES

We support businesses throughout their corporate lifecycle, from incorporation and structuring to ongoing governance, regulatory compliance and, where appropriate, deregistration. Our services are tailored to each organisation’s legal obligations, governance framework and commercial needs.

OUR SERVICES INCLUDE

Incorporating companies and advising on corporate structures.

Drafting and amending memoranda of incorporation (MOIs), shareholders’ agreements and related governance documents

Advising on restructurings, changes in shareholding and corporate reorganisations

Preparing board and shareholder resolutions

Maintaining statutory records and securities registers, and assisting with share issues and transfers

Attending to CIPC filings, including changes to directors, company names and registered details

Preparing, submitting and confirming annual returns and beneficial ownership declarations

Preparing for annual general meetings and advising on meeting requirements, notices and proceedings

Preparing board packs, meeting agendas and minutes

Drafting and reviewing board charters and board committee terms of reference

Supporting board induction and training

Monitoring implementation of the board’s annual planner, charters and work plans

Reviewing and advising on the corporate governance section of annual reports

Providing ad hoc governance advice informed by applicable South African requirements and international best practice

Advising on voluntary deregistration and the reinstatement of companies where appropriate

We assist boards, directors and shareholders keep corporate records accurate, decisions properly documented and governance arrangements effective in practice

CYBERSECURITY, DATA PRIVACY AND CONSUMER PROTECTION

We advise businesses on the legal obligations that arise as they collect information, operate digital systems and supply goods or services. Our approach is practical and commercially focused: we help clients understand their exposure, put appropriate agreements and policies in place, and respond when issues arise.

CYBER AND CYBERSECURITY LAW

We advise on the legal aspects of cyber risk, including contractual responsibilities for information security, cyber incident response and the implications of the Cybercrimes Act. We draft and review cybersecurity provisions in technology, outsourcing, supplier and service agreements, and assist clients in assessing their legal obligations following a cyber incident.

DATA PRIVACY

We advise on compliance with South Africa’s Protection of Personal Information Act (POPIA) and, where applicable, the EU General Data Protection Regulation (GDPR). Our services include reviewing data processing arrangements; drafting privacy notices, policies and data sharing agreements; advising on cross-border data transfers; and guiding clients through the legal requirements that follow a personal information breach.

CONSUMER PROTECTION

We advise suppliers on their obligations under the Consumer Protection Act and review and draft agreements across the supply chain with those obligations in mind. This includes supply, distribution and service agreements, customer terms and conditions, warranties, returns policies and provisions dealing with product quality and liability. We also advise on consumer complaints and disputes.