Contracts
A contract is one of the most important legal steps you take to protect your business. It regulates relationships between suppliers and clients, employers and staff, and directors and shareholders.
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Not having a proper contract for an agreement can mean:
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you may be unable to collect debts;
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you may be unable to dismiss an employee for poor performance;
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the agreement may be unenforceable (e.g: a franchise agreement must be in writing - if it isn't, the whole agreement could be invalid);
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you and your business may be exposed to financial risk, litigation and reputational damage; and
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non-compliance with laws and regulations, resulting in fines and/or imprisonment.
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​What documents does my business need?
We have provided a list of documents which most businesses must have below. Please note that this is a general list, and depending on the nature of your business, it may require additional documents and licensing (for example a liquor licence). Please contact us for specific advice on your business.
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Company Incorporation and Structuring
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Memorandum of Incorporation
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Shareholders / Partnership / Joint Venture Agreements
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Company Secretarial file including AGMs, minutes, Securities Register and Share Certificates
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Franchise documents (see below)
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Day-to-day Operations
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Customer sign in sheet (including Ts and Cs)
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Sales / service contract
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Supplier Service Level Agreement
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Delivery note
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Quotation and Invoice (with Ts and Cs)
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Credit application
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Affordability assessment
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Acknowledgement of Debt
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Labour
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Employment contract
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Workplace policies
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Workplace Legislation (must be displayed on wall)
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Warnings and performance reviews
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Limitation of Liability -
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Email and Premises Disclaimers
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Indemnity forms
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Website
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POPI Compliance (see below)
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Cookies Notice
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Privacy Policy
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Terms and Conditions
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S51 PAIA Manual
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Franchise
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Franchise Agreement
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Disclosure Documents
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Non-Disclosure Agreement
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Intellectual Property and Licensing
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Licensing Agreement
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Non-disclosure and Confidentiality Agreement
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POPI (Protection of Personal Information Act) Compliance
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Consent forms
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NDA and Supplier Commitment forms
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Employment Contract Amendments
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S51 PAIA Manual
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Our training and Guide to POPI
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Policies and Procedures
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What else does my business need?
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As a business owner, you will often find yourself needing legal advice on a variety of business issues. For example:
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A customer is insisting on returning an item which you do not want to accept;
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A disgruntled staff member has instituted a CCMA claim against you for 24 months' compensation;
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You need expert tax and accounting advice from our tax accounting partner;
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One of your service providers is failing to deliver acceptable performance standards; or
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You want to bring a partner into your business but don't know how to structure it to protect yourself.
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We provide advice to corporate clients on a wide range of commercial law issues, on an ad hoc or retainer basis to suit your needs.
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Do you have a legal issue you need help with? Contact us to arrange a consultation or find out more.
