Legal Services

Our Legal Advisory Services include:

Corporate Law

Mamlathan Legal provides clients with guidance on a broad range of issues arising from day-to-day operational activities. Our practitioners merge our local-jurisdiction experience with our know-how in global coordination. Mamlathan Legal’s Corporate Law services are tailored to each client’s needs.

Among the most common ways we serve our clients are by supporting:

• Requests for legal advice regarding foreign investment matters
• The incorporation of corporations and companies in their various forms, including drafting constitutional documents
• The drafting of corporate agreements (sale of shares, sale of business, share buy-back, subscription and shareholders agreements)
• The drafting and negotiation of non-disclosure agreements, as well as confidentiality and settlement agreements
• The drafting of board minutes, proxies, and general or special powers-of-attorney
• The negotiation and drafting of negotiable instruments and credit transactions
• Corporate restructuring, conversion ,deregistrations and advising on winding-up procedures
• Opening of subsidiaries, and representative and branch offices of foreign companies
• Corporate regularisation
• Company law advice and opinions in respect of financial assistance, distributions, share buy-backs, fundamental transactions, takeover regulations, board and shareholder matters, directors’ personal financial interests
• Corporate governance matters

Employment Law & Benefits

Because a wide range of workforce issues can impact a company’s ability to attract and retain talent, or can damage its reputation and market value in an instant, companies need trusted, globally scalable employment law solutions.

Mamlathan Legal helps companies with:

• Restructuring: Restructuring advice as a consequence of a sale of business, merger or acquisition, including retrenchment and amendment of terms of employment
• Agreements: Agreement drafting, review and interpretation, including restraints of trade, secondment, consultancy, executive employment and settlement agreements
• Workforce management: Advice, structuring and process management of pre-engagement and engagement, performance management, discipline and exit
• Collective bargaining: Advice on and interpretation of collective agreements and collective bargaining
• Due diligence investigations: Conducting due diligence investigations on labour matters and compliance in contemplation of an acquisition or merger
• Compliance: Advice on compliance with local laws and regulations, including best practice principles
• Policy: Employment policy recommendations, drafting and review, including human resource manuals, disciplinary and performance management policies, grievance and sexual harassment policies
• Pension and employee benefits: Advising on pension and employment benefit structures, including employee  incentive plans

Mergers & Acquisitions

Mamlathan Legal advises businesses throughout every stage of a transaction, from negotiation through to execution. We align with our tax and finance colleagues to cover risks from all angles.

We provide support during the following critical phases:

• Pre-deal matters (non-disclosure agreements, term sheets)
• Drafting of transaction documents
• Transaction management and implementation
• Closing and post-closing matters
• Drafting and negotiating sale and purchase agreements
• Group reorganisations and restructurings (drafting restructure documents, implementation of restructure, corporate consents and approvals, post-restructure matters)
• Advising on Johannesburg Stock Exchange  listings requirements
• Corporate actions (acquisitions/disposals, share issues, affected transactions, schemes of arrangement)
• Drafting of circulars
• General competition advice
• Legal due diligence investigations 

Commercial Law

Mamlathan Legal’s experienced practitioners bring a practical focus to commercial law solutions that help clients manage increasingly rigorous regulations and local enforcement. Our lawyers work as part of multi-disciplinary teams, with colleagues in disciplines such as tax, consulting, risk, financial advisory, and professionals focusing on key sectors and industries. This cross-functional approach helps Mamlathan Legal offer clients a holistic perspective.

Services include:

• Commercial Advisory
• Commercial Contracts
• Full-Scale Pre-Insolvency Solutions
• Transfer Pricing Documentation, Intra-Group Contracting

Equity and Debt Capital Markets

Advising on and drafting documents, including circulars, to implement the following:

• Rights offers
• Standalone bond issues
• Domestic Medium Term Note Programmes and notes issuances

Tax Dispute Resolution

We align with our tax colleagues to provide integrated tax controversy solutions and assist individuals and corporates with all aspects of tax dispute resolution with the South African Revenue Service.

Areas of focus include:

• Responses to letters of audit findings and audit finalisation letters
• Requests for reasons
• Requests for remittance of penalties
• Objections
• Appeals
• Alternative dispute resolution
• Voluntary disclosure programme applications