Practice area I
Commercial and corporate
Contracts, company structures and transactions for owner-run businesses. We read the fine print so you can make the decision with the full picture in front of you.
Most business disputes start with a contract that was signed in a hurry, or an arrangement between shareholders that was never written down. Our commercial practice exists to deal with those risks before they cost you.
We work mainly with owner-run businesses: companies where the people signing the agreements are the people who carry the consequences. We read the fine print, explain it in plain language and suggest the changes worth fighting for.
What we handle
Shareholder and partnership agreements
Who decides what, how shares are valued, what happens when a shareholder wants out, dies or stops pulling their weight.
Commercial contracts
Supply, service, distribution and client agreements drafted from scratch or reviewed before you sign, with the real risks marked.
Company formation and restructuring
New companies, share issues, holding structures, Memorandums of Incorporation and the CIPC filings that go with them.
Buying or selling a business
Due diligence, sale of shares or sale of business agreements, warranties, restraints and the closing process.
Restraints of trade and confidentiality
Protecting clients, staff and know-how with restraints that are drafted to be enforceable, not merely intimidating.
How it works
What happens, step by step.
- 01
Initial consultation
45 minutes to understand the deal or the problem, the people involved and the timeline.
- 02
Written scope and quote
A fixed quote where the work is defined, or a written estimate where it is not.
- 03
Drafting and negotiation
We draft or mark up the documents and, if you want us to, negotiate the points that matter directly with the other side.
- 04
Signature and filing
Signing arrangements, CIPC filings and a clean final set of documents for your records.
Fees for this work
Most commercial work has a clear scope and is done on a fixed quote agreed in writing before we start. Negotiations with an uncertain length are billed hourly with a written estimate.
Who you will work with
Questions
What clients ask us.
Do we really need a shareholders agreement?
The Companies Act and your Memorandum of Incorporation cover the basics, but they do not deal with the questions that cause most disputes between owners: valuation, exits, deadlock and non-performance. A shareholders agreement does.
Can you review a contract the other side has drafted?
Yes, and this is a large part of our work. We mark the clauses that carry real risk for you, explain why, and suggest wording you can send back.
How long does a business sale take?
It depends on the size of the business and the due diligence required, but a straightforward sale of a small company usually takes six to twelve weeks from signed heads of terms.
Other practice areas
Book a consultation
Start with 45 minutes and a clear answer.
Choose a time online in four short steps. We confirm within one working day, at our Sandton office or by video call.
Office
6th Floor, 21 Fredman Drive, Sandton, 2196
Telephone
011 568 2140
info@kestrelattorneys.co.za
Monday to Friday, 08:00 to 17:00