As a mainstream commercial law firm for two decades, Barnard Inc. utilises its institutional knowledge of Corporate Law and Commercial Law to provide our clients with top-tier Commercial Legal Advice.
Our attorneys specialising in tax, corporate and commercial law assist major commercial clients with opportunities and advice not only when negotiating business transactions, but also on how to restructure their companies to optimise growth, attract minimal tax increases and ensure sustainability and continuity.
Our corporate restructures department offers the following legal advice and assistance:
We assist our clients to negotiate and draft the agreements required to give effect to the restructure including:
- The registration of new companies and trusts;
- The sale of business agreements;
- The sale of assets agreement; and
- The sale of property agreement (if applicable).
Subsequent to the above contracts being in place, we further offer the services of managing the contracts for our clients with regard to Corporate Law. This ensures that our clients (as well as the other contracting parties) are always aware of the time frames within and deadline dates for their performance. This greatly improves performance in terms of the contracts and limits the chances of litigation due to non-performance.
We assist our clients to restructure their company or group of companies to achieve the minimum tax implication and to ensure the client’s rights are adequately protected in the restructure. Our clients often request that we supplement a proposed restructure with a detailed tax opinion on the different restructure options available.
Our clients often request that we assist with a restructuring of their company or group of companies in order to achieve the maximum accreditation for B-BBEE purposes. This assists our clients when tendering for contracts which fall within their scope of business and Corporate Law.
Depending on the nature of the client’s business various we assist our clients with a tailor-made solution to ensure that their rights are adequately protected in the restructure. Prior to proceeding with a restructure, a detailed opinion is often requested by the client with regards to restructuring in order to achieve a greater B-BBEE accreditation.
Our corporate restructure department will work closely with our competition law department who provides advice and assistance to avoid the restructuring from leading to anti-competitive behaviour.
The attorneys from the two departments will further advise and assist in the drafting of a proposal to the competition commission, should it be necessary, for the client obtain the consent of the competition commission to proceed with the restructure. With our aforesaid approach we increase the long-term sustainability and success of the restructure.
Our assistance with due diligence and compliance investigations are sought by various commercial clients in a wide array of industries. We attribute the trust placed in our firm by these entities to our long-standing relationships with, and excellent services to, existing clients on whose referral we are approached. Many business entities go about their day to day activities without knowing about or paying attention to, the entity’s legal responsibilities.
The consequences of non-compliance to certain legislation can result in fines for the business entity and directors or managing employees and/or imprisonment of the directors or managing employees.