Memorandum Of Incorporation Lawyers in Alberton

A Memorandum of Incorporation (MOI) is the founding constitutional document every South African company must lodge under the Companies Act 71 of 2008, and — except where the document is prepared gratuitously — only a practising attorney (or other practising practitioner) may lawfully draft one for a fee. Section 83(8)(a) of the Attorneys Act 53 of 1979 makes it a criminal offence for any non-practitioner to draft a memorandum (or articles of association or prospectus) of any company for or in expectation of any fee, gain or reward, attracting a fine of up to R2,000 per document or, in default of payment, imprisonment not exceeding six months. Burger Huyser Attorneys drafts both standard Form CoR 15.1A and fully customised MOIs from its Alberton branch at 28 Nelson Mandela Avenue, Randhart, Alberton, 1449 (011 439 3990, after-hours 061 515 4699), handling founder sign-off, name reservation, CIPC filing, and post-registration company-secretarial support. Once a complete application is lodged, CIPC company registration typically takes 5 to 15 working days.

Why an Alberton Founder Needs a Practising Attorney to Draft an MOI

The MOI governs the company’s internal rules — shareholder rights, director powers, share-transfer restrictions, and dispute-resolution mechanisms — and is lodged with the CIPC as part of the incorporation application. It is the constitutional document against which every directors’ resolution, shareholders’ agreement and statutory ruling is later tested.

Section 83(8)(a) of the Attorneys Act 53 of 1979 makes it a criminal offence for any person who is not a practising practitioner to draft a memorandum (or articles of association or prospectus) of any company for or in expectation of any fee, gain or reward. The penalty is a fine of up to R2,000 per document or, in default of payment, imprisonment not exceeding six months. The Legal Practice Act 28 of 2014 was enacted to change the position but had not commenced at the relevant date, leaving the Attorneys Act regime in force.

Many non-attorney service providers in practice prepare MOIs for a fee. Even where the document is correctly drafted, using such a provider exposes both the founder and the drafter to criminal liability. Banks and certain other non-attorney providers sometimes prepare MOIs without charging a fee, which falls outside the offence because the prohibited act requires fee, gain or reward — but a non-attorney who charges for drafting commits an offence.

Engaging a practising attorney is also good drafting hygiene. A customised MOI that conflicts with the Companies Act — for example, fetters on director powers the Act does not permit — will be rejected by the CIPC and can create downstream shareholder disputes.

Standard MOI vs Customised MOI — Choosing the Right One

The Companies Act allows a private company to register with either a standard or a customised MOI. The right choice depends on the founder profile, the proposed share structure, and any governance terms the parties want to lock in from day one.

Feature	Standard MOI (Form CoR 15.1A)	Customised MOI
Source	Default document provided by the Companies Act, integrated into the CIPC online registration flow.	Bespoke document attached to the incorporation application, drafted for the specific founder agreement.
Best suited to	Single-founder private companies and simple owner-managed businesses with one or two shareholders.	Multi-founder companies, family businesses, founder-shareholder joint ventures, and any venture requiring bespoke share-class, transfer or governance terms.
What it can do	Operate on the Act’s default rules without modification.	Impose additional conditions or waive alterable Companies Act defaults — for example, removing the appointment of an auditor within the Act’s thresholds, setting bespoke share-transfer restrictions, or building in drag-along and tag-along clauses.
Drafter requirement	Can be completed by an incorporator without legal input.	Typically drafted by a legally qualified person or a company-secretarial practitioner.
Filing	Filed entirely online through the CIPC eServices portal.	Submitted with the incorporation application and supporting annexures.

For most Alberton private companies — owner-managed businesses, family businesses, and founder-shareholder joint ventures — a customised MOI is the right starting point because it controls what the standard MOI leaves open.

What the Burger Huyser MOI Service Covers

The firm’s Commercial Law & Contracts practice, supported across Gauteng and run through specialist consultant J’Retha van Rensburg, handles the full incorporation workflow for Alberton-based founders. The Alberton branch is the practical intake point for sign-offs, certified ID copies, and the first directors’ meeting.

Stage	What is included
Pre-incorporation structuring	Confirming the proposed company name for CIPC reservation, advising on the appropriate share structure (single-class, multi-class, par-value or no-par), and reviewing director and incorporator identity, address, and consent documentation.
MOI drafting	Preparing either the standard Form CoR 15.1A with founder-specific completions, or a fully customised MOI that reflects the founder agreement reached between the parties.
Founders’ / shareholders’ agreement	Where shareholders’ rights, drag / tag clauses, or pre-emption rights are agreed alongside the MOI, drafting the supplementary agreement to keep both documents consistent.
CIPC filing and registration	Lodging the incorporation application (Form CoR 14.1) with the signed MOI, certified IDs of directors and incorporators, and proof of address; tracking the file to registration; and obtaining the registration number and issued MOI.
Post-registration housekeeping	Preparing the initial directors’ resolution, share-issue certificate(s), the securities register template, and (where relevant) company-secretarial minutes to evidence the first board meeting.

Founders who need both company-law and complementary commercial support — shareholders’ agreements, leases, employment contracts — can run these instructions together through the same Alberton office, so the MOI does not sit in isolation from the rest of the founding document set.

The Statutory and Filing Layer: Companies Act, CIPC, and Ekurhuleni

The Companies Act 71 of 2008 is the governing statute; sections 13 to 16 deal with the MOI as the company’s constitution and with what may and may not be altered by shareholders’ agreement. The Act distinguishes between unalterable provisions (which the MOI cannot weaken) and alterable provisions (default rules the MOI may tighten but not relax). A drafter who ignores this distinction can produce a document that looks complete on its face but is unenforceable in the part that matters most.

The CIPC (Companies and Intellectual Property Commission) is the national filing authority. There is no Alberton-specific Companies office — all filings go through CIPC’s online portal at eservices.cipc.co.za, at a self-service terminal, or through collaborating banks. CIPC service standards apply regardless of where the founder is based.

Standard MOI registrations (using Form CoR 15.1A) can be filed entirely online; customised MOI filings are submitted with the incorporation application and supporting annexures. CIPC company registration typically takes 5 to 15 working days once a complete application is lodged, with name reservation, customer-funding, and incorporation as separately tracked transactions. Rushed filings with incomplete documents take materially longer.

Beyond CIPC, an Alberton-based company also needs a SARS income-tax reference (issued automatically on CIPC registration) and, depending on turnover, VAT registration. Certain industries additionally require Ekurhuleni Metropolitan Municipality business licensing and zoning approval before trading from a physical premises — restaurants, taverns, and other hospitality or retail operations are typical examples. Founder-shares and BEE structures may also need a tax-clearance or confirmation from a registered auditor at the point of share issuance.

What to Look for When Choosing an Alberton MOI Attorney

Choosing the right drafter is more than a price comparison — the MOI sets the rules the company will live under for its entire life. The points below separate the practitioners who can competently file a standard MOI from those who can actually advise on a founder-shareholder arrangement.

1. Practising-attorney status. Only a practising attorney (or other practising practitioner) may lawfully charge for drafting. Confirm the attorney is admitted and currently in good standing with the Legal Practice Council.
2. Commercial and company-law experience. An MOI is not a will or a lease. The drafter should regularly handle incorporations and shareholder structuring, not just contract drafting.
3. Familiarity with both standard and customised MOIs. The right answer for a single-founder Pty Ltd is not the right answer for a multi-class, multi-founder venture; the firm should be able to advise on both options.
4. Transparent fee conversation. Fees should be quoted after the intake, with clarity on what is included (MOI only versus MOI plus shareholders’ agreement versus full incorporation plus post-registration housekeeping).
5. Local Alberton intake. A local Alberton branch allows for in-person sign-offs on the incorporation documents and for in-person director and shareholder meetings where required.

Burger Huyser Attorneys’ Alberton branch at 28 Nelson Mandela Avenue, Randhart, is set up to take MOI instructions directly, with the firm’s Commercial Law & Contracts work run through specialist consultant J’Retha van Rensburg and supported by the broader commercial practice across Gauteng.

Practical Considerations: Cost, Timeline, What to Bring

Fees, turnaround, and intake requirements all depend on the structure of the deal, not just on the form being filed. The summary below is a starting point for the first conversation, not a quote.

Consideration	What to expect
Professional fees	Fees depend on whether a standard or customised MOI is being drafted, whether a separate shareholders’ agreement is required, and whether post-registration company-secretarial support is included. Burger Huyser quotes on a per-matter basis after the initial Alberton-branch consultation.
Drafting timeline	The CIPC incorporation itself takes 5 to 15 working days from a complete filing, but the pre-filing phase (name reservation, drafting, founder sign-offs) typically adds two to four weeks.
CIPC processing	Rushed filings with incomplete documents take materially longer; clean standard filings can be processed in a few working days once payment reflects.
CIPC fees	Registration fees are set by CIPC and change from time to time. Confirm the current fee schedule directly with CIPC before instructing.

For the first Alberton consultation, bring:

• three proposed company names in priority order for CIPC reservation;
• certified copies of the IDs of all proposed directors and incorporators;
• proof of residential and business address for the proposed registered office;
• the proposed share structure (number of shares, classes, par-value preferences);
• any founder or shareholders’ agreement term sheet; and
• details of any industry-specific licences or authorisations the business will require (financial services, hospitality, transport, food and liquor).

If you are incorporating a company in Alberton and need a practising attorney to draft your Memorandum of Incorporation, lodge it with CIPC, and tie it to a shareholders’ agreement where relevant, contact Burger Huyser Attorneys’ Alberton branch on 011 439 3990 (after-hours 061 515 4699) or visit the office at 28 Nelson Mandela Avenue, Randhart, Alberton, 1449. The firm’s Commercial Law & Contracts practice handles both standard Form CoR 15.1A filings and fully customised MOIs for multi-founder companies, with drafting run by specialist consultant J’Retha van Rensburg and supported across the firm’s Gauteng branches. Bring certified IDs of all proposed directors and incorporators, three proposed company names in priority order, your proposed share structure, and any founder term sheet to the first meeting. The firm holds Commercial Law Firm of the Year 2025 (5 Star Lawyers Awards) and carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).

Frequently Asked Questions

Can someone other than an attorney draft an MOI for a fee?

No. Section 83(8)(a) of the Attorneys Act 53 of 1979 makes it a criminal offence for any person who is not a practising practitioner to draft a memorandum (or articles of association or prospectus) of any company for or in expectation of any fee, gain or reward. The penalty is a fine of up to R2,000 per document or, in default of payment, imprisonment not exceeding six months. Non-attorney providers such as banks sometimes prepare MOIs without charging a fee, which falls outside the offence, but a non-attorney who charges for drafting commits an offence.

What is the difference between a standard MOI and a customised MOI?

The standard MOI is the default Form CoR 15.1A provided by the Companies Act and integrated into the CIPC online registration process — it suits most small owner-managed private companies. A customised MOI lets shareholders impose additional conditions or waive alterable Companies Act defaults — for example, removing the appointment of an auditor, setting bespoke share-transfer restrictions, or building in drag-along and tag-along clauses between founder-shareholders. Customised MOIs must be attached to the incorporation application and require legal drafting input.

How long does CIPC company registration take?

Once a complete application is lodged with CIPC, company registration typically takes between 5 and 15 working days. Municipal licensing and zoning approval, where required for trading from a physical premises, may add additional time depending on inspections and approvals.

Where is the Burger Huyser Alberton branch, and what are the hours?

28 Nelson Mandela Avenue, Randhart, Alberton, 1449. Telephone 011 439 3990, mobile and after-hours 061 515 4699. Open Monday to Friday, 7:30am to 4:30pm.

Do I also need a shareholders’ agreement alongside the MOI?

Not legally, but in practice most multi-shareholder Alberton companies benefit from a separate shareholders’ agreement that records the commercial deal between founders (pre-emption rights, drag / tag, dividend policy, deadlock resolution). The MOI binds the company and is public via CIPC; the shareholders’ agreement is private and governs the relationship between the shareholders themselves. Burger Huyser drafts both and keeps them consistent.

Is Alberton a separate filing venue from Johannesburg or Pretoria for CIPC purposes?

No. CIPC is a national regulator with no Alberton-specific Companies office. All MOI and incorporation filings go through CIPC’s online portal at eservices.cipc.co.za, at a self-service terminal, or through collaborating banks. The Alberton branch of Burger Huyser is the practical intake point for local founders; the filing itself is lodged nationally.