Ipfani Makhuvha Attorneys
Family, Personal, Commercial & Property Law

Commercial Law

Expert advice on business law matters including formation, contracts, compliance, and commercial disputes. We help businesses operate legally and manage risk effectively.

About Commercial Law

Commercial law encompasses the legal aspects of doing business. Whether you are starting a business, entering into commercial contracts, managing compliance obligations, or resolving business disputes, commercial law is central to protecting your interests and ensuring your business operates within the law. We provide strategic advice that balances legal requirements with commercial reality, helping you achieve your business objectives whilst managing legal risk.

We advise on business structure, including whether to operate as a sole proprietor, partnership, close corporation, company, or trust. Each structure has different taxation, liability, and administrative implications. We help you choose the most appropriate structure and handle the registration and administrative requirements. We also advise on changes to structure as your business grows or circumstances change.

We specialise in commercial contracts—the documents that define your business relationships. These include supply agreements, service contracts, employment agreements, lease agreements, partnership agreements, loan agreements, and licensing arrangements. We draft, review, and negotiate contracts to protect your interests and clarify obligations and rights. Poorly drafted contracts can lead to costly disputes, so careful documentation is an investment in business stability.

Compliance is an ongoing requirement. We advise on taxation obligations, labour law compliance, consumer protection requirements, industry-specific regulations, and data protection (POPIA) obligations. We help implement policies and procedures to ensure compliance and minimise the risk of penalties. We also advise on shareholder rights, corporate governance, and board responsibilities for companies and close corporations.

When commercial disputes arise, we pursue resolution through negotiation, mediation, or litigation, depending on what best serves your interests. We understand that litigation can be disruptive to business operations and work efficiently to resolve disputes and return you to business. Our commercial law team combines legal expertise with practical business understanding.

Common Matters We Handle

  • Forming a new business and choosing the appropriate legal structure
  • Drafting and negotiating commercial contracts to protect your interests
  • Managing supplier or service provider disputes and enforcing contract terms
  • Advising on compliance with consumer protection, tax, and industry-specific regulations
  • Handling employment agreements and policies to protect your business and employees
  • Resolving partnerships disputes or exiting partnerships fairly

Frequently Asked Questions

The best structure depends on factors including the nature of business, anticipated size, taxation implications, liability concerns, and administrative burden. A sole proprietor simplicity suits small businesses. Companies offer limited liability and are suitable for larger businesses. Close corporations provide a middle ground. We advise on the pros and cons of each structure for your circumstances.
A written contract clearly documents the parties' understanding of rights, obligations, and remedies. Oral agreements are difficult to enforce and prove. Written contracts reduce misunderstandings, provide clarity on disputes, and facilitate enforcement through litigation if necessary. We draft contracts that protect your interests and are realistic and enforceable.
Key clauses include parties' identification and obligations, payment terms, delivery or performance dates, warranties and representations, liability and indemnity, confidentiality, termination rights, dispute resolution mechanisms, and governing law. The specific clauses depend on the type of contract. We ensure your contract addresses your commercial priorities.
The Protection of Personal Information Act requires that personal information is collected lawfully, used only for stated purposes, kept secure, and not shared without consent (with some exceptions). Businesses must have privacy policies, obtain informed consent, respond to access requests, and notify of data breaches. We advise on POPIA compliance and policy development.
Partnership exit depends on your partnership agreement. Ideally, the agreement addresses exit procedures and partner buyouts. If no agreement exists, you may need to negotiate buyout arrangements or pursue a forced dissolution. We advise on fair valuations, buyout mechanisms, and regulatory requirements for exit.
The Consumer Protection Act requires clear pricing and terms, cooling-off periods for certain contracts, prohibition of unfair contract terms, product safety and liability, and transparency in advertising. Penalties for breaches can be substantial. We help businesses understand their obligations and implement compliant practices.

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