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Le Roux Vivier Attorneys

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Le Roux Vivier Attorneys

Think Legal. Think LVA. Founded in 1993, Le Roux Vivier Attorneys (LVA) has built a strong reputation as a trusted and reliable law firm.

LVA serves both corporate and individual clients, offering a wide range of legal services across multiple practice areas. LVA is led by partners Fraser Stockley and Sharon Honiball, supported by a skilled team of attorneys, conveyancers, notaries, and support staff. The firm also benefits from the specialised expertise of its former partners, who continue to provide valuable consultancy services. LVA is committed to building long-term, trust-based relationships with clients by providing accessible, effective, and cost-conscious legal representation. The firm handles legal matters with precision, efficiency, and professionalism, ensuring high standards of service while delivering practical solutions. Our team of seasoned professionals offers a comprehensive range of legal services, including arbitrations, banking law, conveyancing, civil litigation, commercial law and litigation, contract interpretation and drafting, debt collection, estate planning, evictions, family law, insolvency law, insurance law, landlord and tenant law and litigation, notarial services, property law, trusts, and wills. LVA prioritises understanding each client’s unique legal needs, offering tailored solutions that lead to successful outcomes. Our proven track record includes recovering substantial financial claims for clients, securing reported judgments in significant cases, and providing custom legal strategies suited to diverse industries. This client-focused approach has earned LVA long-standing relationships and recognition in the legal sector.

14/10/2026

🗞️ YOUR LEGAL BRIEF: UNDERSTANDING DEBT REVIEW IN SOUTH AFRICA

⏱️ Estimated reading time: 4 minutes

Struggling to keep up with your monthly debt repayments while still trying to cover your essential living expenses?

You are not alone. According to the FinScope Consumer South Africa 2024 survey, approximately 12 million South African adults were experiencing over-indebtedness or financial distress.

The National Credit Act 34 of 2005 provides mechanisms to assist consumers experiencing financial difficulties, including debt review, a process through which qualifying consumers may have their repayment obligations rearranged.

In our latest article, we unpack:
💳 What it means to be over-indebted under South African law;
📋 How to apply for debt review through a registered debt counsellor;
⚖️ How your financial circumstances are assessed;
💰 How repayment obligations may be rearranged;
🏛️ The role of the Magistrates’ Court in the debt-review process;
📄 When a clearance certificate may be issued and debt-review records removed; and
🤝 How Le Roux Vivier Attorneys can assist with the legal aspects of debt review.

The key takeaway? Debt review may provide relief to consumers who are genuinely over-indebted, but it also carries important legal and financial consequences. Understanding the process and your obligations is essential before taking the next step.

🔗 Read the full article to learn more about the debt-review process and the legal assistance available to you: https://www.lerv.co.za/post/debt-review

Please note: This post provides general legal information and does not constitute legal advice.

12/10/2026

🗞️ YOUR LEGAL BRIEF: SELLING SHARES, SELLING A BUSINESS OR INVESTING IN A COMPANY

⏱️ Estimated reading time: 6 minutes

Buying into a business, acquiring an existing company or investing in its growth may sound like similar transactions, but legally, the differences matter.

Whether you're a business owner looking to sell, a shareholder planning to exit, or an investor considering an opportunity, understanding the structure of the transaction is essential before signing an agreement.

In our latest article, we unpack:
📄 The difference between selling shares and selling a business or its assets;
💰 How purchasing existing shares differs from subscribing for new shares;
⚖️ The role of the Companies Act 71 of 2008 in regulating these transactions;
🤝 Why a company's Memorandum of Incorporation and shareholders' agreement matter;
🔍 The importance of conducting due diligence before concluding a transaction;
🛡️ How warranties and indemnities help allocate contractual risks; and
📋 The practical questions parties should consider before signing.

The key takeaway? The right transaction structure depends on what the parties intend to achieve, whether that is exiting a business, acquiring ownership or raising capital for growth. Each option carries different legal, financial and practical consequences.

🔗 Thinking of buying, selling or investing in a business? Read the full article to understand the distinctions and the considerations that matter before you sign: https://www.lerv.co.za/post/selling-shares-selling-a-business-or-investing-in-a-company-what-you-should-know

Please note: This post provides general legal information and does not constitute legal advice.

09/10/2026

🌟 LVA SPOTLIGHT: CELEBRATING OUR OWN ⚖️

Another milestone worth celebrating! 🎉

A big congratulations to our Candidate Attorney, Nomalanga, on successfully passing three of her Legal Practice Council board examinations!

We are proud of her hard work, dedication and commitment to her professional development as she continues her journey towards admission as an attorney.

Congratulations, Noma! We are cheering you on as you work towards your next milestone! 👏⚖️

23/09/2026

🗞️ YOUR LEGAL BRIEF: WHY YOUR COMPANY SHOULD CONSIDER A CUSTOM MOI

⏱️ Estimated reading time: 4 minutes

A Memorandum of Incorporation (MOI) is more than just a document filed when a company is registered. It is the company’s constitutional framework, regulating important aspects of the relationship between the company, its shareholders and its directors.

While a standard-form MOI may be sufficient for a simple company structure, it may not adequately address the needs of a business with multiple shareholders, investors, valuable assets or specific governance arrangements.

In our latest article, we unpack:
📄 What an MOI is and why it matters;
⚖️ The difference between a standard and custom MOI;
👥 How an MOI can regulate shareholder and director decision-making;
🗳️ Voting rights, reserved matters and approval requirements;
📈 Share issues, transfers and pre-emptive rights;
🤝 Why an MOI and shareholders’ agreement should be properly aligned; and
🔐 How tailored governance provisions can help create certainty and reduce the risk of future disputes.

The key takeaway? Your company’s MOI should not simply be filed with CIPC and forgotten. As a business grows, takes on investors or its ownership changes, the rules governing how decisions are made and how shareholders interact can become increasingly important.

🔗 Read the full article to find out whether a custom MOI may be more appropriate for your company: https://www.lerv.co.za/post/why-your-company-should-consider-a-custom-memorandum-of-incorporation

Please note: This post provides general legal information and does not constitute legal advice.

18/09/2026

🗞️ YOUR LEGAL BRIEF: SUSPENSIVE CONDITIONS

⏱️ Estimated reading time: 8 minutes

A contract has been signed, but does that mean the transaction can proceed?

Not necessarily. A suspensive condition can make a transaction dependent on something happening first, such as a purchaser obtaining finance or a third party granting consent.

In our latest article, we unpack:
📄 What suspensive conditions are and how they differ from resolutive conditions;
⚖️ What happens while a condition remains outstanding;
⏳ Why fulfilment deadlines matter and what happens when they are missed;
✍️ When a condition may be waived or its deadline extended;
🔍 Whether a party can deliberately prevent a condition from being fulfilled; and
📋 What to consider when drafting suspensive conditions.

The key takeaway? A clause that takes up only a few lines in an agreement can determine whether an entire transaction proceeds. Understanding its effect before signing is essential.

🔗 Read the full article on our website to learn why these clauses deserve careful attention: https://www.lerv.co.za/post/suspensive-conditions-small-clauses-with-major-consequences

Please note: This post provides general legal information and does not constitute legal advice.

14/09/2026

LVA Spotlight: Celebrating Our Own 🎉

What better way to celebrate a new Notary than over a good lunch filled with great conversations? 🥂

We recently celebrated Ezekiel’s admission as a Notary and took some time to recognise this important milestone.

Congratulations once again, Ezekiel! We’re proud to have you as part of the LVA team. ⚖️

11/09/2026

🗞️ YOUR LEGAL BRIEF: REGULATION OF TRUSTS BILL, 2026

⏱ Estimated reading time: 7 minutes

South Africa’s trust law may be heading for its most significant overhaul in decades.

The Regulation of Trusts Bill, 2026 proposes to repeal and replace the Trust Property Control Act 57 of 1988, introducing a more detailed framework for the creation, administration and oversight of trusts.

But importantly, the Bill is not yet law. It was published for public comment on 7 August 2026, with written comments due by Friday, 11 September 2026.

In this article, we unpack some of the key proposed changes, including:
📋 more formal requirements for creating a valid trust;
⚖️expanded powers and oversight responsibilities for the Master of the High Court;
👤trustee authorisation and disqualification;
📊annual financial statements and a proposed annual return to the Master;
🔎beneficial-ownership disclosure and record-keeping requirements;
💼greater regulation of trust property and trustee investment decisions;
⚠️compliance notices and personal administrative fines; and
🚨criminal penalties for certain contraventions.

We also consider what the proposed changes could mean for existing trusts, whether the new framework could create additional compliance burdens, and the importance of the regulations that will still need to be prescribed.

With the public-comment period closing today, the Bill is an important development for anyone involved in the administration, governance or use of a trust.

🔗 Read the full article to understand the proposed changes and what they could mean for trustees and beneficiaries: https://www.lerv.co.za/post/regulation-of-trusts-bill-2026-what-trustees-and-beneficiaries-need-to-know

💬 Do you think the proposed changes strike the right balance between greater accountability and additional compliance?

Please note: This post provides general legal information and does not constitute legal advice. The Regulation of Trusts Bill, 2026 remains draft legislation and may be amended during the legislative process.

08/09/2026

🧐 LVA Myth Busters: Everyday Law 👀⚖️

Think you know your everyday rights? You might be surprised.

From common assumptions about what you can and can’t do, to those “everyone knows that” legal claims we’ve heard a hundred times, not everything that sounds right is actually the law.

This edition of LVA Myth Busters tackles some everyday legal myths and separates fact from fiction.

💡 Swipe through. You might just learn that one thing you’ve always believed isn’t quite true…

Which legal myth have you heard before? Tell us in the comments! 👇

04/09/2026

🗞️ YOUR LEGAL BRIEF: PENALTY CLAUSES IN SOUTH AFRICAN CONTRACTS

⏱ Estimated reading time: 5 minutes

Penalty clauses are common in commercial contracts. They may provide for a fixed amount to be paid when a party breaches an obligation, such as failing to make payment on time, cancelling an agreement or failing to perform as agreed.

But does agreeing to a penalty clause mean that the stipulated amount will always be enforceable?

In this article, we unpack what the Conventional Penalties Act 15 of 1962 actually provides and explore:
📄 what constitutes a penalty stipulation;
⚖️ whether a creditor can claim both a penalty and damages for the same breach;
💰 when a court may reduce a contractual penalty;
🔍 who bears the burden of proving that a penalty is disproportionate; and
📋 what contracting parties should consider when drafting or relying on penalty clauses.

The article also considers the development of the law and the principles established in cases including Van Staden v Central SA Lands and Mines and Western Credit Bank Ltd v Kajee.

The key takeaway? A penalty clause can be enforceable without being immune from judicial scrutiny. Where a stipulated penalty is out of proportion to the prejudice suffered by the creditor, section 3 of the Act gives a court the power to reduce it to an amount it considers equitable in the circumstances, potentially even to nil.

🔗 Want to understand how the law applies to contractual penalties? Read the full article on: https://www.lerv.co.za/post/penalty-clauses-in-south-african-contracts-what-the-conventional-penalties-act-actually-does

💬 Have you ever encountered a penalty clause in a contract? Let us know in the comments.

Please note: This post provides general legal information and does not constitute legal advice.

02/09/2026

🎉 CONGRATULATIONS TO OUR ASSOCIATE!

We are delighted to celebrate Ezekiel Dikio on his recent admission as a Notary Public.

This is a significant milestone in any legal practitioner's career, reflecting continued professional development, dedication and commitment to the legal profession.

From all of us at Le Roux Vivier Attorneys, congratulations on this well-deserved achievement! ⚖️👏

We are proud to have you as part of our team and look forward to seeing you continue to grow and achieve even more.

Congratulations, Ezekiel! Here's to the next chapter. 🥂

Address

355 Beyers Naude Drive
Northcliff
2195

Opening Hours

Monday	08:00 - 16:30
Tuesday	08:00 - 16:30
Wednesday	08:00 - 16:30
Thursday	08:00 - 16:30
Friday	08:00 - 16:00

Website

https://www.instagram.com/lva_attorneys/, https://x.com/lva_attorneys, https://www.linkedin.com/company/le-roux-vivier-a

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