Commercial law refers to the body of law that governs the conduct of individuals, merchants and entities that are involved in trade, sales and commerce. It refers to a broad area of law that interacts with various other branches of the law, such as tax law, estate planning, franchising, construction and other corporate matters such as registration, restructuring and assisting offshore companies and trusts with the appropriate business structure.

Generally, commercial law is centred around disputes that arise in the course of running a business. At Burger Huyser Attorneys, our business lawyers in Sandton have substantial knowledge and experience to assist clients in the various fields of commercial law:


Drafting Of Contracts (Contract Law)

Our team of attorneys at Burger Huyser Attorneys are skilled and trained through experience to assist and advise clients with regards to:

  1. Drafting of general- and specific contracts, including, but not limited to:
    1. Shareholder Agreements;
    2. Partnership Agreements;
    3. Memorandum of Understanding;
    4. Deed of Sale;
    5. Lease Agreements;
  2. Negotiation of agreements;
  3. Reviewing and settling of contracts;
  4. Management and execution of contracts;
  5. Resolution of contractual disputes; and
  6. Any requirements that entities or individuals may have in relation to transactions and commerce in general.

We strongly advise clients to seek legal advice prior to entering into any contracts.

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Once a contract has been signed you are bound by the terms and conditions thereof. Our experienced attorneys are trained to identify possible loopholes and irregularities in contracts.

A verbal contract is binding however, it is difficult to ascertain exactly what the initial terms and conditions were if and when a dispute arises. Both parties tend to remember the contractual terms to benefit their case.  It is thus of vital importance to reduce a verbal contract to writing in order to protect both parties.


Sectional Title Disputes

A sectional title refers to separate ownership of units or sections within a development. When a sectional title is purchased, the owner acquires a section together with an undivided share of the common property. Common property generally includes areas such as parking bays and gardens.  Sectional title disputes mostly pertain to responsibility of the parties in respect of maintenance, abuse of the common areas, payment of monthly levies and can also vary as far as unsafe construction.

At Burger Huyser Attorneys, our attorneys are trained and oriented to resolve any disputes with regards to sectional title disputes, in an amicable manner that is mutually beneficial to all parties involved.

Burger Huyser Attorneys’ team of commercial law attorneys will assist you with the drafting and/or negotiating of contracts to ensure that the contractual terms are beneficial to you.


Unlawful Competition

Unlawful competition refers to whenever any entity employ wrongful and thus, unlawful, tactics to compete with rivals in a similar industry. The law governing unlawful competition thus ensures that competition in business remains within reasonable bounds and that no trader benefits at the expense of his competitors.

Registration and Termination of Businesses

Our attorneys also assist in advising clients on the incorporation of new entities, together with the tax and civil implications of same. It is of utmost importance that you choose the correct business structure for your business as it will have a huge effect of a number of areas, including the tax you pay, personal liability should the business be sued, securing personal and business’ assets, consequences when deciding to cease trading, continuity of the company and many more. Should you decide to transfer or terminate the business, our team of commercial attorneys will ensure that the necessary legal requirements are adhered to.

Insolvency Law

Sequestration entails the surrendering of the natural person’s estate, whereby the person applies to court to be declared insolvent. An insolvent person’s estate is sequestrated in terms of the provisions of the Insolvency Act 24 of 1936 (hereinafter “the Act”).

According to the Corporate Finance Institute (2020), insolvency refers to a state of financial distress, whereby an individual’s is unable to settle his/her outstanding debts. A person will not be declared insolvent if he/she is merely unable settle outstanding debt – the individual must be unable to cover his or her outstanding debt after all his/her assets have been sold.

A sequestration order can either be obtained where the individual voluntarily applies for the order, or alternatively, if the individual’s creditors apply.


Memorandum of Incorporation

What is a MOI?

The Companies Act 71 of 2008 states that a MOI refers to a:

“document, as amended from time to time that sets out rights, duties and responsibilities of shareholders, directors and others within and in relation to a company, and other matters as contemplated in section 15 and by which”

  1. the company was incorporated under this Act, as contemplated in section 13;
  2. a pre-existing company was structured and governed before the later of the-
  1. effective date; or
  2. date it was converted to a company in terms of Schedule 2;
  1. a domesticated company is structured and governed.


Contact a commercial attorney at Burger Huyser Attorneys today as we have gained vast experience in dealing with these matters over the years. We pride ourselves on delivering and sharing our experience, passion and integrity to your advantage.