FAQs

Exclusivity changes risk and price. It affects whether you can continue using the IP yourself and whether you can license others. The right choice depends on your growth strategy and bargaining position.

Not always. Payment and ownership aren't the same thing. Ownership often depends on the type of work, who created it, and what the agreement says.

Not always. It depends on intent, use, and the rights involved. But confusing domains can still create serious commercial and reputational risk.

Not necessarily. A company name or domain can help with identity, but it doesn't automatically give you the same trade mark protection for specific goods or services. The right approach depends on how you trade and where risk sits.

Not always. Payment and ownership aren't the same thing. If the paperwork isn't clear, it can become a due diligence issue later.

Assignment transfers ownership. Licensing gives permission to use. The right structure depends on control, funding, long-term strategy and who needs to retain rights.

A conveyancer manages the legal transfer process from signed sale agreement to registration. That usually includes checking the agreement, preparing transfer documents, coordinating with the bank and other parties, and guiding the matter through to lodgement and registration.

Because transfer and bond registration often happen simultaneously at the Deeds Office. If one falls behind, the other can't proceed — early alignment between the two avoids the most common delays.

A transfer linked to a deceased estate usually depends on the estate process, the authority of the executor and the supporting estate documents being in place before registration can move forward.

Often the deals that look straightforward are where issues surface late. A focused review before the deal progresses is usually far cheaper than discovering a title or compliance problem once the transfer has started.

The default position under South African law is marriage in community of property — meaning estates are merged and liabilities are shared. This cannot be undone after marriage without a court process.

More than most founders realise. The decisions made early shape control, investment-readiness and how easily the business can grow or change later.

Before, where possible. Heads of terms lock in commercial positions that are very difficult to reopen — legal input at that stage shapes structure and risk in ways that matter far more than polishing the final documents.

Structure, ownership, key contracts, compliance, disputes and anything that could affect value or the deal closing on agreed terms. The goal is surfacing material issues early, not overwhelming the deal team.

The economic terms matter, but so do the control provisions, investor protections and future funding mechanics. Significant consequences are often buried in clauses that don't look important until they are.

Working it out as you go tends to work until it doesn't — and when it stops working, the absence of clear rules makes everything harder and more expensive to resolve.

Standard contracts allocate risk in ways that often don't reflect the actual commercial arrangement. Liability caps and termination rights that work generically may work against you in a specific transaction.

Not necessarily. Creditor, practitioner and stakeholder conflict often intensifies during the process, not after it.

In genuine cases, faster than most people expect — but the strength of the evidence and the quality of the legal argument both matter significantly.

Act carefully, not hastily. Confronting the other side too early can destroy evidence or narrow recovery options.

It can be highly effective — but only when it's the right fit. ADR works best when there's something to preserve: a relationship, confidentiality, continuity or cost control.

Deadlock is rarely permanent, but it does need a strategy. Routes depend on your governing documents and what outcome you're actually trying to protect.

Not always. Cancellation rights depend on the contract, the breach and whether proper notice has been given — acting without the right to cancel can create a counterclaim.

Not at all. Repudiations can be challenged, and insurers don't always get the policy interpretation right. The strength of a challenge depends on the wording, the reasons given and the facts of the claim.

Not always legally required, but almost always strategically important. Ignoring a demand rarely makes the problem go away and can weaken your position if the matter escalates.

No. Self-help evictions are unlawful in South Africa regardless of the circumstances. The correct legal process must be followed — shortcuts create liability and can set the matter back significantly.

The difference affects ownership, liability, and whether the spouses share one joint estate or retain separate estates. It also changes what happens if the marriage ends.

‍

Start by securing the key documents, including the contract, invoices, payment records and any correspondence showing what is owed. A clear legal view early usually makes it easier to assess the strength of the claim and the best next step.

Yes — but only if the agreement includes practical quality control and enforcement rights. Without it, brand dilution becomes a real risk.

Only if the rights allow it. Many disputes come from content being reused outside the original scope (new campaign, new platform, new region).

Reporting helps, but evidence, coordination, and parallel steps often matter — especially if scams are spreading across channels.

It varies depending on the mark, the classes, and whether there are objections or oppositions. We'll give you a realistic timeline once we've assessed the mark and your filing plan.

Often earlier than founders expect — especially before a major launch or marketing spend. The right approach depends on your brand strategy and timing.

Improvements should never be left vague. Agreements need clear rules for ownership, access rights, and commercial benefit.

The timing depends on the finance process, document readiness, compliance certificates, municipal clearance and whether there are any linked transactions or delays. Some matters move quickly, while others take longer if key steps do not happen in the right order.

Some processing time is expected, but delays beyond that usually come from incomplete documentation. Knowing what is outstanding and chasing it properly moves things along.

That depends on the stage of the estate process and whether the required authority and documents are already in place. In many matters, the transfer cannot simply proceed in the same way as an ordinary sale.

Title conditions, restrictions, ownership questions, compliance certificate requirements and municipal issues are the most common — some are easily resolved early, others can hold a transfer up for weeks if found too late.

Both are forms of marriage out of community of property, but accrual shares the growth in each party's estate over the marriage. The right choice depends on your circumstances and what you want the arrangement to achieve.

When it starts creating friction in governance, control, funding conversations or shareholder relationships, it's usually telling you something needs to change.

Structure, liability exposure and what you're actually acquiring. Share sales and asset sales carry very different risk profiles.

If a buyer asked for your corporate documents, key contracts and ownership history today, could you produce them quickly and cleanly? Most businesses find gaps they didn't expect — finding them first is far better.

Often significantly. Board rights, approval thresholds and veto mechanics can shift control in ways founders don't always anticipate — understanding those changes before signing matters.

Misaligned expectations around contribution and reward, unclear decision-making and the absence of a workable exit route are the most common causes of JV breakdown — most are preventable with better structure at the start.

Payment terms, scope, performance standards, liability limits and termination mechanics. The priority is making sure the legal terms reflect the actual deal — not a template that doesn't.

More than most creditors realise. Voting rights, plan objections and enforcement options all depend on timing and position.

That's why the first step is assessment, not action. Rushed steps can weaken your position — we'll tell you what is genuinely urgent before anything is filed.

Possibly. It depends on what was said, what you relied on and what loss followed — worth assessing before the trail goes cold.

Usually yes — but the clause needs to be read carefully. Mishandling a dispute clause can prejudice your position before the dispute even begins.

The right response depends on the conduct, the governing documents and what outcome you're protecting. Acting prematurely or publicly can complicate things.

It depends on what broke down and why. Failed transactions can give rise to claims for loss, specific performance or unwinding — the right route depends on the terms and what's already been paid or performed.

Some documentation requests are legitimate. Repeated or unreasonable requests, or delays without proper explanation, can become a legal issue in themselves.

Often yes — many disputes resolve through negotiation or structured engagement before formal process begins. Whether that's the right route depends on the other side's position and what outcome you're seeking.

It depends on the circumstances, the occupier's position and whether the matter is opposed. A straightforward matter can move relatively quickly — a contested one takes longer. Getting the process right from the start avoids avoidable delays.

Yes, but the route forward will depend on what is actually being disputed and whether the defence has legal substance. Some disputes can be resolved through focused engagement, while others need formal legal action.

It depends on what the contract says. “We paid for it” isn’t the same as “we own it”. Ownership, licences, and rights to modify or reuse should be explicit.

Software and code can be especially sensitive. Ownership, licences, and rights to modify or maintain should be clear — particularly if developers change.

Sometimes. Options depend on the domain, the registrant's conduct, and your rights (including trade marks and reputation).

Yes — and in many cases, it's sensible. A pre-launch check can flag risk before you invest in packaging, signage, campaigns and domains.

Typically: who owns it, whether it's documented, whether it infringes others, and whether there are restrictions (including open-source and third-party licences).

Publication needs to be managed so it doesn't compromise protection or commercialisation. This is often about process, timing and clear permissions.

That will depend on the transaction, but common requirements include identity documents, FICA documents, the signed sale agreement, proof of marital status and any paperwork linked to finance or ownership.

The existing bond must be cancelled as part of the transfer process. If cancellation steps aren't progressing in step with the transfer, registration gets held up.

A divorce order or settlement agreement may form part of the process, but additional transfer documents and legal steps are often still required before registration can take place.

Generally yes, but knowing what is required and whether it's been addressed protects your timeline and negotiating position.

It often should. Existing assets and structured holdings may need specific treatment to avoid uncertainty later — getting this right at the drafting stage is far easier than revisiting it after marriage.

Make the rules clear before there's a dispute about them — ownership, voting, decision-making, exits and funding obligations all work better when agreed in advance.

Preparation, disclosure and proper risk allocation in the sale agreement are the most important levers. Well-prepared sellers maintain stronger negotiating positions.

It depends on the timeline. The sooner gaps are identified, the more options there are to fix them — clean-ups done before a process starts almost always produce better outcomes than those done under diligence pressure.

Yes, and one that benefits from preparation. Valuation, anti-dilution protections and future round mechanics are all negotiable — your position depends on how well the business and its documents are prepared.

Carefully. Deadlock in a 50/50 structure is one of the most common and difficult JV problems — escalation pathways and buy-out mechanics need to be thought through before the venture starts, not after deadlock sets in.

Often yes, especially if the business has grown, the relationship has changed or a funding or transaction process is coming. Outdated agreements can create diligence concerns and weaken negotiating leverage.

Yes. Stakeholder disagreement, procedural issues and enforceability concerns can all become pressure points — the approach depends on whether you're protecting, amending or opposing what's been proposed.

Not always. Depending on what has happened, there may still be options to reverse, contain or limit the damage.

In some cases, yes — but timing is critical. Recovery options narrow quickly once assets are dissipated.

Significantly. Mediation is non-binding facilitated negotiation; arbitration produces a binding award. The right choice depends on the dispute and the outcome that matters most.

It can — and often does. Governance breakdown at the wrong moment can derail rescue plans and weaken creditor confidence when it matters most.

You should respond, but not without a strategy. A demand isn't a judgment — we'll help you assess the merits and decide whether to defend, negotiate or resolve.

Yes. Policy wording disputes are one of the most common — and most winnable — types of insurance challenge. What the wording actually means often differs from how the insurer is applying it.

Strict timeframes apply once a summons is served. Missing them can result in a default judgment. Getting legal advice quickly after service is the most important first step.

Not immediately. An application must still go through the court process, and there are rights and defences available. Getting legal advice before the return date is the most important first step.

In simple terms, the growth of each spouse’s estate during the marriage is compared, and the spouse whose estate grew less may have a claim against the other for half of the difference, subject to exclusions and supporting calculations.

‍

A judgment does not always result in immediate payment. In those matters, enforcement steps may be needed to move the matter beyond judgment and towards practical recovery.

Hidden restrictions (territory/channel), perpetual use rights, sub-licensing, change-of-control triggers, and unclear termination outcomes.

Secure evidence, avoid public accusations, and choose an approach that matches your outcome (takedown, stop use, negotiate, or escalate).

Sometimes yes — but rushed wording can backfire. We'll help you choose a sensible approach.

That's where clearance and a practical risk view matters. Sometimes the answer is "file and proceed"; sometimes it's "adjust early"; sometimes it's "enforce first".

That needs to be explicit. Collaboration often creates "foreground" IP and improvements — and that's where disputes begin if it isn't agreed upfront.

Clean rights, clean documentation, and predictable commercial terms (including sublicensing and change-of-control mechanics).

Delays often happen where bond approval is outstanding, guarantees are not issued in time, compliance certificates are missing, municipal matters are unresolved or another linked transaction is holding things up.

Identity documents, the signed sale agreement and your finance documents. The earlier these are in place, the less likely the bond process is to fall behind the transfer timeline.

It often does. Trust-held property can involve additional authority, resolutions, supporting documents and sequencing requirements before the transfer can move ahead properly.

No. A review at this stage can identify what the issue is, what needs to happen to resolve it and whether the timeline can be recovered.

More than most people allow. The contract must be signed before a notary and registered at the Deeds Office before the marriage is concluded — leaving it too late creates real risk.

Governance documents, ownership clarity and decision-making authority. Incomplete or unclear documentation slows diligence and creates leverage problems at the wrong moment.

Due diligence surprises, misaligned risk allocation and late-stage document issues are the most common culprits — most can be managed if identified early enough.

The level of diligence should match the risk of the deal. What matters is that issues most likely to affect value or completion are properly understood before terms are locked in.

Significantly. Investor rights, liquidation preferences and consent requirements agreed in an early round can create real friction — or real cost — later if they're not thought through at the time.

That depends heavily on what the agreement says — which is why exit mechanics matter so much at the drafting stage. If the agreement is silent, exit tends to become a negotiation under pressure.

Vague scope, unclear performance obligations and termination clauses that don't work in practice. Most disputes start in the drafting, not in the relationship.