Commercial Law
Strategic legal advice to help your business grow, from company formation and contract drafting to complex commercial transactions and shareholder disputes.
What We Offer
Practical, solutions-driven legal support for businesses of all sizes operating in South Africa.
“Sound legal foundations protect your business from the risks you cannot predict and the disputes you cannot afford.”
The commercial landscape in South Africa is governed by a complex framework of legislation, including the Companies Act 71 of 2008, the Consumer Protection Act 68 of 2008, and the National Credit Act 34 of 2005. Whether you are launching a new venture, expanding an existing enterprise, or navigating a commercial dispute, sound legal advice is essential.
At Jonker Vorster Attorneys, our commercial law team advises businesses across the Western Cape on the full spectrum of corporate and commercial matters. We take the time to understand your business objectives and provide tailored advice that balances legal compliance with commercial pragmatism. From drafting bespoke contracts to structuring acquisitions and resolving shareholder deadlocks, we are committed to protecting your interests at every stage.
Our clients range from start-ups and family-owned businesses to established companies and national franchises. We pride ourselves on building long-term relationships with our clients, acting not only as their legal advisors but as trusted business partners who understand the industries in which they operate.
Commercial Law Services
Comprehensive legal solutions for every stage of your business lifecycle.
Contract Drafting & Review
Bespoke commercial contracts drafted to protect your interests, including supply agreements, service level agreements, NDAs, and distribution contracts reviewed for legal compliance and risk.
Company Registrations
End-to-end company registration through the CIPC, including name reservations, preparation of the Memorandum of Incorporation, and registration with SARS, UIF, and COIDA.
Shareholders’ Agreements
Comprehensive shareholders’ agreements that govern the relationship between co-owners, covering funding, decision-making, exit mechanisms, and dispute resolution.
Corporate Governance
Advisory on compliance with the Companies Act, King IV principles, and sector-specific regulations. We assist with board resolutions, AGM procedures, and director duties.
Commercial Disputes
Strategic resolution of business disputes including breach of contract claims, restraint of trade enforcement, partnership disputes, and competition law matters.
Mergers & Acquisitions
Due diligence, transaction structuring, sale of business agreements, and share purchase agreements for businesses buying, selling, or merging operations.
Why Jonker Vorster
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Business-first thinking
We balance legal compliance with commercial pragmatism, giving you advice that actually works in practice and helps your business move forward.
Long-term relationships
We build lasting partnerships with our clients, acting not only as legal advisors but as trusted business partners who understand your industry.
Full lifecycle support
From company formation and contract drafting through to commercial disputes and acquisitions, we provide continuity of advice at every stage.
Commercial Law Insights
Commercial Law FAQs
We draft and review a wide range of commercial contracts including supply agreements, service level agreements, distribution agreements, franchise agreements, lease agreements, loan agreements, shareholders’ agreements, joint venture agreements, and non-disclosure agreements. Each contract is tailored to comply with South African law and the specific requirements of the parties involved.
Company registration in South Africa is done through the Companies and Intellectual Property Commission (CIPC). The process involves reserving a company name, preparing the Memorandum of Incorporation (MOI), and filing the required forms. We handle the entire registration process on your behalf, including registration for tax (SARS), UIF, and COIDA where applicable, ensuring full compliance with the Companies Act 71 of 2008.
The Memorandum of Incorporation (MOI) is the founding document of a company under the Companies Act 71 of 2008. It sets out the rights, duties, and responsibilities of shareholders, directors, and other stakeholders. A standard MOI may be adopted, but we strongly recommend a customised MOI that addresses the specific needs and governance structure of your business, particularly where there are multiple shareholders.
Shareholder disputes can be resolved through negotiation, mediation, or arbitration as provided for in the shareholders’ agreement or MOI. If these alternative dispute resolution mechanisms fail, the Companies Act provides statutory remedies including the oppression remedy under section 163, derivative actions under section 165, and applications for relief from the Companies Tribunal. Our attorneys will assess the dispute and recommend the most effective resolution strategy.
While the MOI governs the relationship between the company and its shareholders, a shareholders’ agreement is a separate private contract between the shareholders themselves. It typically addresses matters such as funding obligations, decision-making procedures, restraint of trade provisions, exit mechanisms, tag-along and drag-along rights, and deadlock resolution. We recommend having both documents in place to provide comprehensive protection for all parties.
Need Legal Advice for Your Business?
From company formation to commercial disputes, our experienced team provides the legal guidance your business needs to thrive.