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Tel: 0027 (0)84 300 5763 
Fax: 086 605 8265 



How we can help:

There are more fields of law than ever before and there is even more legal jargon. For this reason we have tried to simplify things by giving a short explanation of the areas of law that we deal with and examples of aspects common to that area. Our aim is to help you identify if we offer the right service for you.

If the area or matter with which you need assistance is not listed here, please contact us and we will help you find the best people who can do so.

· Commercial / Company and corporate / Business Trusts
· Entrepreneurial and new venture issues
· Foreign direct investment considerations
· Financial regulatory / Serious economic crime
· Private client / Family Trusts
· Property transactions and conveyancing
· Mining and exploration

Commercial / Company and corporate / Business Trusts

An established business is constantly looking to maximise its competitive advantage and protect its position in the market. Whether your business is a small, medium or large enterprise, legal considerations form an integral part of that process. We advise on how your business can use opportunities and avoid risks by deploying the legal tools available in the best strategic manner possible. Such tools include:

      · Memorandum and Articles of Association review
      · Shareholders agreements
      · Supplier agreements and creditor agreements
      · Confidentiality and restraint of trade agreements
      · Security agreements and surety agreements
      · Finance agreements to borrowers and lenders
      · Conversion of companies to different formats
      · Purchase and sale agreements
      · Debt collection and insolvency advice
      · Insurance claims
      · Business trust (inter vivos trust) establishment and amendment
      · Notarial bonds

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Entrepreneurial and new venture issues

Starting up a new business or initiating a new venture within an established business is an exciting process, both because of the possibility it holds and because of the risks inherent in doing so. We assist with identifying the legal risks and opportunities, and responding to them. We aim to help you nurture your idea and lay the best possible platform for its success. Examples of how we can do this include:

      · Determine the best legal structure for your enterprise – sole proprietorship,         close corporation, company, business trust, charitable organisation
      · Confidentiality agreements to protect your idea while you are exploring its         potential
      · Letters of intent to establish a basis for parties to work on
      · Due diligence reviews of business partners
      · Franchise and licensing agreements
      · Service provider and service level agreements
      · Finance agreements, loans and suretyships
      · Purchase, sale and delivery agreements
      · Option agreements and rights of first refusal
      · Insurance considerations
      · Business systems reviews to provide pre-emptive legal advice and minimise         risk

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Foreign direct investment considerations

It is essential for parties looking to invest in a foreign jurisdiction to have confidence and trust in the people they deal with and in the environment they are going to invest in. Similarly, parties seeking investment from a foreign source need to appreciate the concerns of such an investor.

We aim to create a legal framework which takes parties’ concerns into account, is understandable and captures the core of their intention as this is critical to making the investment rewarding. We assist in creating this framework in the following ways:

      · Review the investment nature, the parties and the goal
      · Obtain Reserve Bank approval for foreign exchange flows
      · Letters of intent and co-operation agreements
      · Consider guarantees and warrantees
      · Facilitate negotiations
      · Advise on risk concerns and how to minimise these
      · Represent your interests on a local level

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Financial regulatory / Serious economic crime

Businesses and individuals face significant risks in ensuring that their security and compliance obligations are met. Failure to comply with statutory and regulatory requirements may expose them to investigations and penalties from authorities and claims or charges from their clients.

At the same time the financial services environment laws and regulations are complex and easy to fall foul of. We aim to assist by:

      · Reviewing the relevant legislation applicable to your circumstances and       
        identifying key requirements
      · Understanding your business and identifying risk areas
      · Implementing systems or adjusting existing systems
      · Advice on enquiries by authorities
      · Representation in investigations and claims

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Private client / Family Trusts

It is important for individuals to bear in mind their personal ambitions and dreams and take steps to achieve and protect these. Putting in place the legal structures that allow one to get the most out of life is a critical step in that journey. Whether it is for yourself or your loved ones, take the time to consider the “what ifs” and let us help you deal with them. The following areas may be relevant to you:

      · Trusts – creation, amendment and administration
      · Marriage advice – in community of property, out of community of property, with
        or without accrual
      · Antenuptial contracts
      · Wills – drafting, amending and updating
      · Estates – winding up and administering
      · Insurance claims

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Property transactions and conveyancing

Whether you are buying or selling a property, looking to rent, hiring or leasing out your property, it is a particularly important and sensitive activity. The various service providers involved in the transaction must provide the utmost level of care and attention. Our many years of experience will ensure that you get the best out of the transaction. We assist with:

      · Purchasers agreements
      · Offer to purchase
      · Agreement of sale
      · Deed of transfer
      · Bond registration and cancellation
      · Occupational rent
      · Rental contracts / leases
      · Subdivision
      · Sectional title agreements
      · Property development contracts
      · Builders and developers contracts

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Mining and exploration

The high stakes involved in mining and exploration require a significant level of attention, thorough consideration, and precise execution. The risks are as significant as the rewards. Having sound and comprehensive legal backing when participating in this arena, is critical to the success of projects and achieving goals. We are experienced in the following areas:

      · Finance and funding arrangements
      · Letters of intent and agreements to co-operate
      · Shareholders agreements
      · Licensing applications and representations
      · Plant purchase or hiring agreements
      · Exploration terms and conditions
      · Labour related contracts and negotiations
      · Negotiations with interested parties
      · Sale of product contracts and arrangements
      · Option agreements and rights of first refusal

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As stated above, if what you see here is not what you are looking for contact us and let us help you find the best people to get the job done.

It is important to be comfortable with your working partner so please review our philosophy and team to gain an insight into who we are. Contact us if you have any further queries and we will be glad to discuss your matter and arrange an initial consultation.


Contact details:
Email:        Tel: 0027 (0)84 300 5763        Fax: 086 605 8265        Web:
43 Balfour Road, Rondebosch, Cape Town, 7700 / PO Box 15298, Vlaeberg, 8018, South Africa

© MA Cooper Attorneys

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Attorneys & Conveyancers Cape Town