19/08/2020
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COMMERCIAL LAWYERS
DRAFTING OF CONTRACTS LAWYERS
WHAT ARE THE PROCESS IN DRAFTING LEGAL CONTRACTS?
Drafting a legal contract
Determining the legal capacity of the parties– Each party must be sound of mind and a major;
Establishing whether there is consensus between the parties – Parties to the agreement must be in agreement about the terms and conditions of the contract and have the intention of concluding a valid and binding agreement;
Ensuring that the agreement complies with the legal formalities – Legislation sets out certain formalities which needs to be applied to different types of contracts;
Determining whether the terms and conditions of the agreement is legal – For an agreement to be legally binding, its objective can’t be contra bonos mores
Ensuring that the performance of the agreement is possible – as soon as performance in terms of the contract is no longer possible, the agreement is considered to be voidable by the parties
OUR CONTRACT DRAFTING ATTORNEYS SPECIALISE IN ALL LEGAL DOCUMENTS
1. Shareholders’ Agreements
A Shareholders’ Agreement is an important document used to govern the relationship between shareholders in their capacity as shareholders and often also in their capacity as directors of a company. This is a very important document as it sets out the rights and responsibilities of each shareholder in the company.
2. Partnership Agreements
A partnership agreement is a contract between partners in a partnership which sets out the terms and conditions of the relationship between the respective partners, inclu
Memorandum of Incorporation (MOI)
A Memorandum of Incorporation (MOI) is a document that sets out the rights, duties and responsibilities of shareholders, directors and other persons involved in a company. It is a public documents registered with the CIPC.
According to the Companies and Intellectual Property Commission, the MOI is the most important document governing a company. The MOI sets out the rules governing the conduct of the company, as specified by its owners. The Companies Act imposes certain specific requirements on the content of a Memorandum of Incorporation, as necessary to protect the interests of shareholders in the company, and provides for a number of default company rules / alterable provisions, which companies may accept or alter as they wish as long as it is in line with the Companies Act.
4. Lease Agreements
A lease agreement refers to a written agreement between a landlord and a tenant wherein the landlord allows the tenant to have undisturbed possession of the landlord’s property. In return, the tenant undertakes to make timeous payments for such possession. To ensure that each party is aware of their rights and responsibilities, it is advised that a lease agreement be reduced to writing. This also avoids lengthy trials when a landlord needs to evict a tenant.
NEED ASSISTANCE IN DRAFTING LEGAL CONTRACTS & AGREEMENTS? CONTACT OUR COMMERCIAL LAW ATTORNEYS TODAY.
CONTACT DETAILS
078 531 1432
071 052 7806
[email protected]
Monday - Sunday: 7:30 AM - 22:00 PM
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