Corporate Structuring

Corporate structuring comprises reorganizing the legal, ownership, operational, or other structures of a Company for the purpose of making it more profitable or better organized to serve its present and future needs. Additional reasons for restructuring include a change of ownership structure, demerger, or a response to a crisis or major economic, financial or operational change in its business.

Executives involved in restructuring often hire financial and legal advisors to assist in the negotiation and transaction details.

MNI Attorneys have advised on various corporate structuring arrangements and assisted clients with the implementation of such advice. We are also in a position to advise on and implement corporate restructuring in accordance with the Companies Act 2008 and the King III Report.

Commercial

MNI Attorneys have extensive experience in advising on sensitive, complex commercial and corporate matters.  We regularly represent clients in business negotiations, advising on all aspects of the transaction, and drafting the necessary agreements and company secretarial documentation to effect the transaction.

Our litigation attorneys have extensive litigation and alternative dispute resolution experience, including resolution of disputes by way of mediations and arbitrations. Our attorneys have acted throughout South Africa and abroad, and have represented clients in international arbitration forums.

Bee Transaction Advice

The Broad-Based Black Economic Empowerment Act 53/2013 came into effect on 30 April 2015.  The extent to which legal entities comply with the Act and the Broad Based Black Economic Empowerment Codes is measured in terms of the following five elements:

  1. Ownership
  2. Management Control & Employment Equity
  3. Skills Development
  4. Procurement, Enterprise and Supplier Development
  5. Socio-Economic Development

Legal entities that seek to do business with government institutions must demonstrate their level of B-BBEE compliance as calculated in terms of the scorecard contained in the B-BBEE Codes. In other cases legal entities will be required to comply because their customers will want to increase their own B-BBEE scores by procuring goods and services from “empowered” enterprises. As corporate and commercial attorneys, MNI Attorneys have advised on a range of complex B-BBEE transactions and assisted clients with structuring transactions to derive maximum B-BBEE benefit. MNI Attorneys also provide regulatory and compliance advice on issues such as:

  1. the interaction between the B-BBEE Codes and various specific Sector Charters;
  2. the interpretation of the B-BBEE Codes and Scorecards,
  3. the calculation of points, and
  4. the structuring of a corporate entity to improve its B-BBEE profile.

B-BBEE is a strategic issue: With the new Codes, B-BBEE is no longer a 4- to 5-week process anymore. To achieve the scores to meet compliance and, more importantly give your company a competitive advantage, you need to approach B-BBEE strategically. That means setting objectives at the start of an assessment period, based on accurate information, and then building your scorecard steadily over the ensuing 1-year period.

Corporate Governance Advice

Corporate Governance deals with the complex set of relationships between the Company and its Board of Directors, Management, Shareholders, and other Stakeholders. In recent years the regulators and legislators have intensified their focus on how Companies are managed. They are endeavoring to create a template for new Corporate Governance and disclosure measures, which is beneficial for both the stakeholders and controllers.

MNI Attorneys have advised numerous Companies in regard to the implications and benefits of good Corporate Governance and has assisted clients in implementing of such advice.

Property Law, Conveyancing, Transfers & Bond Registrations

The Property Law system in South Africa is widely accepted as one of the most developed property law systems in the world. This dynamic legal environment, however, requires specialist knowledge and experience.

MNI Attorneys have specialists in Property Law, and with our advanced infrastructure we are able to provide efficient legal solutions to our clients.

Our Conveyancing Department provides legal, transactional and policy advice and services in a wide range of property related matters, including those listed below:

  • Contracts of alienation, including private and commercial Deeds of Sale, exchange and acquisitions – We assist clients with all aspects incidental to entering into a property agreement tailor made to their individual needs;
  • Mortgage bonds – Bonds can be registered to secure a variety of obligations in respect of both existing and future debts. We assist both private and commercial clients, including the four major banking institutions in South Africa, with the registration of mortgage bonds;
  • Property transfers – The process required to register the deed of transfer is regulated by various Acts, including the Deeds Registries Act, Sectional Title’s Act and Alientation, including all aspects of Land. MNI Attorneys have a specialist team on hand to assist clients in transferring their properties in an effective and expedient manner.

Click on the links below to download Tables of Transfer and Bond costs. The Tables enable you to calculate the costs for the registration of a transfer and bond for any amount between R5 000.00 and R20MILLION, including transfer duty payable to the South African Revenue Service.

The Tables are compiled in accordance with the national guidelines recommended by the Law Society of South Africa, and serve as a guideline and not, as a quotation. The Conveyancer may include additional charges that are not included in the Tables. We invite you to contact us for a qoutation.

Notarial Practice

MNI Attorneys are able to assist clients with, inter alia,

  • registration of notarial bonds over movable goods owned by the mortgagee
  • negotiating, drafting and notarial execution and registration of lease agreements that exceed ten years, to ensure enforcement of the lessee’s rights against third parties
  • negotiating, drafting and registration of servitudes within the parameters of existing legislation
  • drafting and registering Ante-Nuptial Contracts for individuals who intend to get married

Regulatory And Municipal Law

Regulatory law is also known as Administrative or Public Law and involves the procedures created by administrative agencies (State institutions and statutory bodies) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and reviews.

Regulatory law in South Africa has been transformed since the transition to democracy and the introduction of the new Constitution and the Bill of Rights. The Constitution is the supreme law. The validity of legislation, and of acts performed by Organs of State and by certain private bodies, depends on their compliance with the Constitution, Common Law and statutory rules of administrative law. In particular, legislation must conform to the fundamental rights entrenched in the Bill of Rights, and all administrative actions must be lawful, rational and procedurally fair.

MNI Attorneys have extensive experience in advising corporate clients and Governmental bodies on the interpretation and application of laws and on administrative actions. We regularly represent clients in proceedings before statutory bodies.

We furthermore advise clients on a range of other related matters, including requests for access to information held by Governmental and private bodies, and on the procurement of goods and services by Organs of State, which is governed by the Constitution and by tender legislation.

Since 1996 the development of legislation in Municipal Law has led to the adoption and implementation of the Municipal Demarcation Act (1998); the Structures Act (1998); the Electoral Act (2000); Systems Act (2000); Municipal Finance Management Act (2003); Property Rates Act (2004), Municipal Fiscal Powers and Functions Act (2007) and a plethora of regulations, policies and by-laws. This area of the law is a specialized field and we have advised Municipalities extensively on various aspects, including the development of policies, implementation of new property rates, disputes relating to procurement, and the establishment of Municipal Entities.

In this regard MNI Attorneys are in a position to provide a “one stop service” to Municipalities.

Labour

MNI Attorneys regularly represents both employers and employees in labour disputes. Our attorneys have chaired various disciplinary hearings; advised employers on what steps to take to ensure fair dismissals and/or retrenchments; and have also advised employees on whether the steps taken against them by their employers constitute grounds for referral.

MNI Attorneys assist municipalities in addressing and ventilating Labour Law issues, including disciplinary hearings, appeal hearings, arbitrations in terms of the Local Government Bargaining Council Collective Agreement, and reviews in the Labour Court.

Third Party / Personal Injury Claims

MNI Attorneys provide specialised legal representation to injured victims and their dependents in respect of various types of personal injuries, including injuries sustained as a result of motor vehicle accidents, injuries during birth, burn injuries, dog-bite injuries, assaults, slip-and-fall injuries, medical malpractice and unlawful arrests.

Personal injury claims are based on the injuries suffered as a result of another person’s negligence or willful act, and require litigation by experienced attorneys to prove the claims in court.  We constantly strive to obtain the maximum compensation possible for our clients. Recoverable compensation includes medical and hospital expenses (past and present), loss of earnings, and general damages (for pain and suffering, loss of quality of life), and dependents’ claims for loss of maintenance.

All damages claims are handled on a contingency fee basis (no-win-no-fee), and we advance all major costs involved in instituting and finalizing clients’ claims.

DIVORCE & FAMILY LAW

Divorce (or the dissolution of marriage) in South African law involves the termination of a marriage and cancelling of the legal duties and responsibilities of the marriage. The legal process of divorce may also involve issues of spousal maintenance, child maintenance, child custody, distribution of property (assets) and the division of debt, if any.

There are several interlinking factors to take into account when dealing with a divorce, which makes it extremely important that a client’s divorce is dealt with correctly from the start.  Sound legal advice from the outset is critical in order for a client to make informed decisions for the well-being of his or her future.

MNI Attorneys are experienced in divorce and family law and are equipped to deliver a professional and reliable service in this field.  In dealing with divorce and family law matters, we aim to ensure that our clients’ divorces and/or family matters are dealt with, with the least possibility of disruption – not only for our clients, but also for children involved.