Business Attorneys

A South African business attorney manages the legal work that supports a company throughout its life cycle, from contracts, company formation and shareholder arrangements to acquisitions and commercial disputes. Burger Huyser Attorneys provides commercial law and contracts services through its Linden head office, with consultations available across its Gauteng branch network.

The right instruction may be a focused document review or a continuing commercial mandate. An initial scoping consultation identifies the business objective, documents required, parties involved, legal and regulatory issues, expected timeline and suitable fee model before substantive drafting begins.

What a Business Attorney Actually Does in Gauteng (Scope of Work)

Business attorneys translate commercial decisions into enforceable legal arrangements. They also identify risks before a transaction is signed and help resolve disputes when performance, payment, control or interpretation breaks down.

Workstream	Typical legal services	Business purpose
Commercial contracts	Drafting and reviewing supply, sale of goods, distribution, services, consulting, agency, confidentiality and terms-of-trade agreements	Allocates obligations, price, performance standards, risk, remedies and termination rights
Company and shareholder matters	Memoranda of incorporation, shareholders’ agreements, share issues and share-transfer documentation	Defines ownership, voting, governance, funding, exits and dispute procedures
Commercial property	Landlord- or tenant-side lease drafting and review, including escalation, rent-review, renewal and break provisions	Clarifies occupation, operating costs, maintenance, security and exit exposure
Company administration	Private, non-profit and external company registration through the Companies and Intellectual Property Commission (CIPC), together with company-secretarial support	Establishes and maintains the appropriate corporate vehicle and records
Acquisitions and disposals	Share-purchase and asset-purchase agreements, due-diligence coordination, conditions precedent and regulatory filings	Structures the transfer and tests legal liabilities before completion
Commercial disputes	Contract claims, shareholder disputes and director-removal proceedings, including litigation where required	Protects rights, pursues remedies and manages financial or governance exposure

The Companies Act 71 of 2008 supplies the primary corporate framework. Depending on the transaction and the parties, the Consumer Protection Act 68 of 2008, Competition Act 89 of 1998, labour legislation, intellectual-property rules and tax requirements may also affect the documents or process.

Merger work requires particular care. Under section 13A of the Competition Act, parties to an intermediate or large merger must notify the Competition Commission and may not implement the transaction before the required approval is obtained. Whether a proposed transaction crosses a prescribed threshold must therefore be assessed before closing arrangements are finalised.

Why Engage a Specialist Business Attorney Rather Than a Generalist

Commercial law is not simply general contract drafting. A sound document must reflect the transaction, interact properly with the company’s constitutional documents and comply with legislation that may impose mandatory rights, disclosures or approval requirements.

• Current commercial knowledge: a dedicated practitioner works regularly with the Companies Act, Competition Act and Consumer Protection Act and can identify when more specialised advice is required.
• Purpose-built drafting: the first draft can be based on the actual deal rather than an unsuitable generic template.
• Dispute-aware clauses: experience of failed transactions helps the drafter address payment defaults, warranties, deadlocks, breach, termination and dispute resolution before they become urgent.
• Efficient coordination: acquisitions and ongoing business matters may require commercial, litigation, labour, intellectual-property, conveyancing or tax input.
• Continuity: the attorney who understands the documents and negotiation history is better placed to respond if enforcement becomes necessary.

Burger Huyser’s multi-specialist structure supports this coordinated approach through its Commercial Law and Contracts practice and related litigation, labour and intellectual-property capabilities.

Where Business-Attorney Matters Run in Gauteng

Many commercial mandates never enter a courtroom. Agreements are negotiated and signed privately, while company registrations, annual returns and other corporate filings are submitted to CIPC. Merger notifications are dealt with through the national competition authorities rather than a local court.

If a dispute becomes litigious, the correct court depends on the cause of action, the defendant or respondent, any jurisdiction clause, the relief claimed and the applicable jurisdictional limits. The Gauteng Division of the High Court operates from Johannesburg and Pretoria. An attorney must determine the proper seat and forum from the facts of the specific matter rather than treating every higher-value Gauteng dispute as automatically belonging in one court.

What to Look for When Choosing a Business Attorney

A useful selection process focuses on capability, accountability and commercial fit rather than promises. Ask who will perform and supervise the work, how the fee will be calculated and whether the firm can continue with the matter if it develops beyond the original document.

• A dedicated commercial practice: confirm that commercial agreements, corporate governance and transactions form an established part of the firm’s work.
• Appropriate attorney access: junior team members may prepare supporting material, but an experienced practitioner should review advice and material drafting.
• A clear scope: the engagement should identify the deliverables, assumptions, exclusions, client dependencies and proposed timeline.
• A suitable fee model: defined drafting work may suit a fixed quote, while negotiation, due diligence and litigation commonly require time-based billing plus disbursements.
• Related capabilities: consider whether the firm can address litigation, employment, intellectual-property, notarial or conveyancing issues if they arise.
• Practical availability: establish how consultations, signatures, document exchange and urgent decisions will be managed.

Burger Huyser Attorneys’ Commercial Law and Contracts work is supported by specialist consultant J’Retha van Rensburg and a broader multi-practice team across Gauteng.

Practical Considerations: Cost, Timeline, What to Bring

Cost and turnaround depend on complexity, the quality of the existing documents, the number of parties, the negotiation process and whether regulatory approvals are involved. The scope should be assessed before a reliable quote or timeline is given.

Issue	What to expect
Defined drafting work	A fixed fee may be quoted for a clearly described deliverable, such as one agreement or an agreed company-registration package.
Open-ended work	Negotiations, due diligence, acquisitions and litigation are generally better suited to time-and-disbursements billing because third parties and developing issues affect the scope.
Document drafting	A straightforward single-document mandate may take approximately two to four weeks from complete instruction, but negotiation rounds or missing information can extend this.
Company registration	Preparation can proceed once the required identity, address and company information is complete; the final turnaround remains subject to CIPC processing.
Commercial litigation	The duration depends on the procedure, opposition, interlocutory steps and court availability, not the drafting timetable.

What to Bring to the First Consultation

• the latest draft or signed version of every relevant contract;
• the memorandum of incorporation and any shareholders’ agreement;
• the company’s CIPC registration number and available company records;
• relevant correspondence, notices, quotations, invoices and proof of payment;
• a summary of the parties, deadlines and events in date order;
• a clear description of the commercial outcome sought; and
• details of any urgent expiry date, meeting, threatened cancellation or court document.

Early disclosure of constraints enables the attorney to separate essential work from optional improvements and to explain fees before drafting begins. Burger Huyser Attorneys emphasises a personalised approach and an upfront conversation about scope, prospects and cost.

If you need assistance with contract drafting, a shareholders’ agreement, company registration, an acquisition or a commercial dispute, contact Burger Huyser Attorneys’ Linden head office on 011 888 0246 or visit 49 First Avenue, Linden, Randburg. Consultations can also be arranged through Sandton (011 253 3080), Midrand (010 022 4082), Roodepoort (011 668 0030), Bedfordview (011 201 7190), Alberton (011 439 3990), Pretoria (012 471 5700) or Centurion (012 644 4990). The firm has a 4.8/5 average from 250+ Google reviews, verified by Trustindex, and received the Commercial Law Firm of the Year 2025 – South Africa award from the 5 Star Lawyers Awards.

Frequently Asked Questions

How much does a business attorney cost in Gauteng?

Fees depend on the scope. Defined drafting work may be quoted at a fixed fee, while acquisitions, due diligence and commercial litigation are generally billed on a time-and-disbursements basis. Burger Huyser Attorneys confirms the proposed fee model after scoping the mandate and before substantive drafting begins.

What is the difference between a commercial attorney and a general practitioner?

A commercial or business attorney performs contract, corporate, transactional and commercial-dispute work as a dedicated part of their practice. A general practitioner handles a wider range of legal matters and may not work with complex commercial documents and regulators as frequently. For a transaction or dispute carrying material financial or governance risk, focused commercial experience is important.

What kinds of contracts does a business attorney typically draft?

Business attorneys commonly draft shareholders’ agreements, sale-of-business, share-purchase and asset-purchase agreements, supply and distribution agreements, services and consulting agreements, non-disclosure agreements, commercial leases and terms of trade. The document must be adapted to the transaction, parties and applicable legislation.

Can a business attorney help with company registrations?

Yes. Burger Huyser Attorneys assists with private, non-profit and external company registrations through CIPC, as well as memoranda of incorporation, share documentation and company-secretarial support. CIPC charges and processing requirements are separate from the attorney’s professional fee.

Where is Burger Huyser Attorneys’ head office, and can I attend a meeting in Sandton, Centurion or Pretoria?

The head office is at 49 First Avenue, Linden, Randburg (011 888 0246). Consultations can also be arranged in Sandton at Block 3, 1st Floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston (011 253 3080); Centurion at Block 12, Unit 34, First Floor, Central Office Park, 257 Jean Avenue (012 644 4990); or Pretoria at Unit 4, 1st Floor, Block 5, Glen Manor Office Park, 138 Frikkie De Beer Street, Menlyn (012 471 5700).

Do I need a business attorney if I already have an accountant?

Usually, yes. An accountant handles financial reporting, accounting and tax work, while a business attorney handles contracts, corporate governance, shareholder relationships, transactions and legal disputes. The two professionals often coordinate, but their professional functions are distinct.