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COMMERCIAL &  CORPORATE LAW

The firm assists clients in an array of services relative to the formation of companies, the establishment of corporate governance systems and compliance with the applicable legal matrix. The firm assists, in the conclusion of shareholders and other commercial agreements, necessary for such a company’s field of endeavor.

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  • Formation and registration of companies;

  • Design of corporate governance for the company;

  • Conclusion of shareholders agreements;

  • Drafting, conclusion, and negotiation of agreements

LITIGATION &  DISPUTE RESOLUTION

The firm practises, in all fields of commercial litigation, in particular commercial litigation addressing the recovery of assets for distressed financial institutions and corporate entities.

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  • Formation and registration of companies;

  • Design of corporate governance for the company;

  • Conclusion of shareholders agreements;

  • Drafting, conclusion, and negotiation of agreements.

INTERNATIONAL BUSINESS LAW

In an emerging economy, such as South Africa and the growing e-commerce market, the practice of international business law is becoming vital for economic integration and development. Polson provides clients with sound advice on all legal aspects of conducting business within South Africa. We provide international clients, with access to a network of knowledgeable individuals who can advise on the commercial feasibility, to invest, integrate and conducting their business within the South African economy.

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  • Drafting of international agreements according to international conventions;

  • Advice on miscellaneous agreements in respect of international business;

  • Advice on financial and tax implications of the agreements.

THE LAW OF CONTRACT

The law of contract is the foundation of any society and the nucleus of any legal system, since the earliest of times. South African law of contract is equally rooted in Roman-Dutch Law. In South Africa, the law of contract has an evolution and history of over three hundred years. Our practitioners are well-skilled in drafting contracts and advising clients throughout the broad spectrum of contract law and alternative dispute resolution arising from contractual relationships.

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  • Commercial contracts drafted for various commercial purposes,

  • Advice regarding the application of contracts in commerce and the identification of the implications of legal, financial, and tax risk, affecting these contracts. (Abbreviated version: Legal, tax, and financial risk applicable to contracts)

CYBERLAW AND E-COMMERCE

With the advancement of technology and online practices, we have seen the emergence and necessity of Cyber Law. Cyberlaw focuses on ensuring acceptable behavioural use of technology. This includes everything from the internet, hardware, and software as well as networks. Cyber Law exists to help protect online users from harm or online crime and scamming in order to ensure that all online criminal activity can be investigated and the guilty parties prosecuted. Cyber Law is ever-expanding and changing and Polson Law is continually adapting to ensure that it keeps up with the developments and emerging consequences found in Cyber Law. 

Polson advises on various aspects, relating to the conclusion of electronic agreements and the dangers prevalent in e-commerce, for example, the establishment of websites and it’s indemnities, transactions concluded on social media, possible online defamation, and the effective protection of personal information on the internet.

Due consideration must be had, to local and international legislation, such as the “POPI” Act (Protection of Personal Information Act no. 4 of 2013) and the “ECT” Act (The Electronic Communications and Transactions Act no. 25 of 2002), and the effect of cyber crimes thereon.

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  • Drafting of indemnities suitable for websites,

  • Advice with regard to relevant legislation,

  • E-commerce transactions,

  • Prevention of cyber crimes,

  • Cryptocurrencies,

  • Distributed ledger- technology.

PROPERTY LAW AND CONVEYANCING

The development and rezoning of property;

  • Registration and transfer of property;

  • Rezoning of property;

  • Registration of servitudes.

CURATORSHIPS

Polson possesses the necessary knowledge and expertise to advise curators of financial institutions, not only in relation to legal aspects emanating from curatorships but also advises on the legal compliance of these institutions in order to successfully assist in the finalization of these curatorships.

  • Legal compliance;

  • Assistance to curators;

EMPLOYEE BENEFITS AND PENSION FUND LAW

Polson, advises pension funds, their trustees, and curators on;

  • Various aspects, where relevant laws are applicable,

  • Relevant laws are applicable to the rights of employees and stakeholders, as well as, the regulations applicable to pension funds.

ENTREPENEURSHIP HUB

Polson, views itself as an incubator for new entrepreneurs. Starting a new business can be a daunting experience in any business environment, let alone the post-Covid-19 economic state. Many businesses, and individuals starting a new business in South Africa, are now contemplating their fate on how to operate in terms of their contractual obligations. As Polson, we advise on numerous legal considerations from starting a new business to the managerial aspects thereof. New entrepreneurs are advised in a “one-stop” service, on how to get their businesses operating without delay.

We also focus on international entrepreneurs with little knowledge of the South African, and local content requirements, to assist these entrepreneurs and medium-sized enterprises with their integration into a foreign market. We also advise on complicated, legal tax and business requirements peculiar to South Africa and a suitable level of commitment to the market, from trade to investment.

 

Our services include:

  • Advice on setting up a new business;

  • Registration of new companies;

  • The various business entities may operate in;

  • Drafting of business plans and business rescue plans;

MINING AND MINERAL LAW

Polson advises on all aspects of mining law, including the rights of owners of the property, which is in conflict with the rights of mineral holders, as well as compliance with the Mineral and Petroleum Law of South Africa.

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  • Advice with regard to mining, mineral, and prospecting rights;

  • Mining titles;

  • Resolving conflicts and disputes between the owner of surface rights and the owner of mineral rights.

BANKING LAW

Polson advises, on all aspects of Banking Law, such as the relationship between:

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  • Banks and their clients;

  • Banks and the regulatory authority;

  • Banks and their international relationships;

  • Banks and the payment system;  and

  • Banks in their role as authorised dealers, in the application of the Currency and Exchanges Act and the regulations promulgated thereunder.

TAX, TRUST LAW AND ESTATE PLANNING

  • Polson advises, on the applicability of trusts and their functions in estate planning and the tax implications thereof, particularly in regard to farming practices and the use of trusts in compliance with Black Economic Empowerment.

  • Legal advice regarding tax.

  • Drafting of, and use of trusts in respect of estate planning;

  • Estate planning, administration, and trust administration;

  • Farming trusts with regard to agriculture;

  • Use of trusts for black employment equity;

  • Estate planning with regard to effective tax management

High Court Illustration

PRACTICE AREAS

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