Our Commercial law practice is focused on enabling our clients to do business successfully. 

The interaction between customers, suppliers, licensors, distribution and other strategic partners forms the building blocks of commerce and the contracts concluded is what binds parties together.

We have an in-depth understanding of the business and economic environment in which our clients operate.

This allows us to draft agreements which enable our clients to achieve their commercial objectives, while managing the risks inherent to doing business.

Our expertise enables us to guide and advise our clients on the complexities of contracts and the commercial law issues impacting on their business and its operations.

We represent clients from a range of different industries, including, but not limited to, cosmetics, food, luxury goods, fast-moving consumer goods, household goods, entertainment, sports, apparel, leisure, information and communication technology, high technology, heavy engineering, electronics, health, chemical, pharmaceutical, agriculture, life sciences and mining.

We assist our clients with:

  • IP Commercialisation & Licensing
  • Commercial Transactions
  • Franchising
  • Corporate Law
  • Legal Compliance
  • Mergers & Acquisitions
  • Consumer Law
  • Data Law & Privacy
  • Exchange Control & Moving IP Offshore

Commercial Transactions

Our clients vary from start-up enterprises to multi-national corporations and our ability to deliver a comprehensive range of services relating to the negotiation, structuring and drafting of a variety of commercial transactions and agreements equips us to provide our clients with contracts which enable their business, no matter their size.

We assist our clients with:

  • Drafting of all types of commercial contracts
  • Advice on the interpretation of contracts
  • Determination of contractual rights and obligations
  • Pre-contractual negotiations, confidentiality and non-disclosure agreements, memorandums of understanding, heads of agreement and corporate due diligence
  • Contract dispute resolution
  • Legal advice on indemnities, liability, warranties, service level deliverables
  • Contract management and compliance reviews
  • Protection of confidential information and trade secrets

Corporate Law

We are highly experienced in corporate law, which regulates how business entities are established and operate.

Our services include expert advice on company law, law of trusts and other laws affecting businesses, good corporate governance, shareholder-related matters, including the structuring and drafting of shareholder agreements and empowerment transactions.

Our expertise enables us to provide our clients with the best advice and practical solutions.

We assist our clients with:

  • The incorporation and establishment of different business entities, including partnerships, joint ventures, trusts, non-profit companies and private companies
  • Statutory changes
  • The establishment and operation of social and ethics committees
  • Director’s duties and shareholder matters. 
  • Company law compliance
  • Corporate Governance
  • Shareholder Relations
  • Corporate Structuring
  • BBBEE Structuring
  • Mergers & Acquisitions
  • Dispute Resolution

Legal Compliance

The regulatory landscape in which our clients operate is continually changing. We provide our clients with practical advice on compliance with new legislation.  We assist our clients in understanding the impact of new legislation and how to internally manage their compliance function, and we attend to training and auditing our client’s level of compliance, thereby preparing them to consistently manage the demands of an ever-changing legal environment.  

We also present compliance workshops and training to clients, either as part of our value-added client seminars (Coffee with KISCH) or as bespoke client workshops.

We assist our clients with:

  • Advice on current and new legislation impacting client’s business
  • Legal compliance
  • Compliance training and auditing

Mergers & Acquisitions

We are experienced in South Africa’s active M&A environment with the structuring, negotiation and implementation of takeovers, mergers, acquisitions and joint ventures. This exciting area requires experience and exceptional knowledge and we confidently assist our clients with their M&A needs.

We assist our clients with:

  • Pre-contractual negotiations
  • Confidentiality and non-disclosure agreements
  • Conducting of due diligence investigations
  • Negotiating and drafting of Sale of Business, Sale of Shares, Merger agreements, Assets for Shares Structures and Joint Venture Agreements
  • Post transactional compliance
  • Dispute resolution

Consumer Law

Compliance is vital for any business and a priority for us is keeping clients up to date on all consumer legislation and any changes which would have a practical impact on their business, be it the Protection of Personal Information Act (POPI), Consumer Protection Act (CPA), the National Credit Act (NCA) or the Electronic Communications and Transactions Act (ECTA).

We assist our clients with:

  • Advice on the impact of and compliance with Consumer Law
  • Drafting of consumer agreements
  • Drafting general terms & conditions of sale/service, website terms & conditions
  • Advice on consumer complaints and claims management

Data Law and Privacy

The protection of data and the privacy of personal information is an important legal issue, impacting most businesses. The data law and privacy landscape has evolved into a complex multi-jurisdictional matter, which requires constant scrutiny and up-to-date knowledge on compliance requirements. The digitalisation of client businesses and the use of technology by clients highlights the need for data law and privacy compliance.

We assist our clients with:

  • Advice on strategies and agreements to protect personal information
  • The Protection of Personal Information Act (POPI) and we ensure our clients receive advice on the impact of and compliance with the far-reaching provisions of POPI
  • Compliance with the Electronic Communications and Transactions Act (ECTA)
  • The General Data Protection Regulation (GDPR), where our clients are members of multinational-groups of companies which require compliance with GDPR or where our clients deal with the personal information of individuals in the European Union

Exchange Control Regulations & Moving IP Offshore

All transactions between South African residents and counter-parties outside South Africa are affected, in one way or another, by the South African Exchange Control Regulations. We have extensive experience in obtaining approvals, directives and rulings from the authorities, where required, and are able to successfully assist clients in this regard.

There are many reasons for wanting to move your IP offshore, whether it is in order to have access to foreign markets, or as a result of changes in your corporate structure or any other reason, we have the expertise and experience to advise you on the process, key considerations and consequences of such move.

We assist our clients with:

  • Advice on the outward assignment of IP
  • Advice on the moving of IP offshore
  • Structuring of cross-border IP transactions
  • Drafting of assignment agreements
  • Procuring of Exchange Control approval