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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.

Not having a proper contract for an agreement can mean:

  • you may be unable to collect debts;

  • you may be unable to dismiss an employee for poor performance;

  • the agreement may be unenforceable (e.g: a franchise agreement must be in writing - if it isn't, the whole agreement could be invalid);

  • you and your business may be exposed to financial risk, litigation and reputational damage; and

  • non-compliance with laws and regulations, resulting in fines and/or imprisonment.

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.

Company Incorporation and Structuring

  • Memorandum of Incorporation

  • Shareholders / Partnership / Joint Venture Agreements

  • Company Secretarial file including AGMs, minutes, Securities Register and Share Certificates

  • Franchise documents (see below)

Day-to-day Operations

  • Customer sign in sheet (including Ts and Cs)

  • Sales / service contract

  • Supplier Service Level Agreement

  • Delivery note

  • Quotation and Invoice (with Ts and Cs)

  • Credit application

  • Affordability assessment

  • Acknowledgement of Debt

Labour

  • Employment contract

  • Workplace policies

  • Workplace Legislation (must be displayed on wall)

  • Warnings and performance reviews

Limitation of Liability -

  • Email and Premises Disclaimers

  • Indemnity forms

Website

  • POPI Compliance (see below)

  • Cookies Notice

  • Privacy Policy

  • Terms and Conditions

  • S51 PAIA Manual

Franchise

  • Franchise Agreement

  • Disclosure Documents

  • Non-Disclosure Agreement

Intellectual Property and Licensing

  • Licensing Agreement

  • Non-disclosure and Confidentiality Agreement

POPI (Protection of Personal Information Act) Compliance

  • Consent forms

  • NDA and Supplier Commitment forms

  • Employment Contract Amendments

  • S51 PAIA Manual

  • Our training and Guide to POPI

  • Policies and Procedures

 

How much will it cost?

 

Implementing the basic contracts and documents can cost upwards of R50,000, depending on your business needs. Many business owners can't afford this, and instead operate without protection. In doing so, you risk far greater financial and reputation loss.

If you're an SME, you may qualify for Business Protect® which gives you all the contracts your business needs from just R500 per month.

 As a business owner, you need to be able to focus on growth and profit.

Business Protect® gives you everything you need to protect your business, from R500 per month:

Contracts  |  Debt Collections  |  Advice  |  Litigation  |  Labour  |  POPIA

or

What else does my business need?

As a business owner, you will often find yourself needing legal advice on a variety of business issues. For example:

  • A customer is insisting on returning an item which you do not want to accept;

  • A disgruntled staff member has instituted a CCMA claim against you for 24 months' compensation;

  • You need expert tax and accounting advice from our tax accounting partner;

  • One of your service providers is failing to deliver acceptable performance standards; or

  • You want to bring a partner into your business but don't know how to structure it to protect yourself.

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.

Do you have a legal issue you need help with? Contact us to arrange a consultation or find out more.

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