Corporate Law

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Business Law

Business law relates to the law that governs business and commerce in both the private and public sector.

It provides a legal framework within which businesses are created, continued and discontimued; and organized - as well as how business is conducted. Business law covers a wide variety of topics, not inclusive comprising of:
  • sole proprietorships,
  • joint ventures,
  • law of agency,
  • close corporations,
  • partnerships,
  • limited partnerships,
  • trusts,
  • franchises, and
  • limited liability companies.
Business Law is applying the lawyers mind to issues like
  • fiduciary relationships,
  • closely held corporations,
  • shares and stockholders,
  • directors and officers,
  • dissolution and receivership,
  • franchise relationships,
  • management duties and liabilities,
  • mergers and acquisitions, securities... and more
Legal issues include
  • the filing of required forms such as articles of incorporation,
  • determining ownership and
  • management duties,
  • obligations and responsibilities,
  • financing or capitalization requirements,
  • financial reporting,
  • regulatory compliance,
  • tax issues and
  • terminating the business
At Esselens Engelbrechts we are proud to register a significant number of trusts, close corporations and companies on monthly basis.

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   Esselens Engelbrechts Inc.

             Registration no 1999/016114/21 Vat no 4400183952
                  KOMATIPOORT, MALALANE, NELSPRUIT

        Attorneys

     Conveyancers  & Notaries 

Appraisers & Estate administrators


 

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Incorporate legal Bodies - Required Documents

To establish a private company (a Pty Ltd)
  1. For a name reservation, a few names, in sequence of your own preference
  2. Shareholder/s, full details of the shareholders:
    1. if legal person:
      1. Name
      2. Registration number
      3. Date of incorporation
      4. Address of the head office
      5. Postal address
      6. E-mail
      7. Representative
    2. If a private person:
      1. Identity number / Passport number
      2. Confirmation of solvency
      3. Confirmation of physical address / postal address
      4. Telephone number
      5. Mobile number
  3. Directors
    1. Identity number / Passport number
    2. Confirmation of solvency
    3. Confirmation of physical address / postal address
    4. Telephone number
    5. Mobile number
  4. A letter from the accountant/bookkeeper (/to be) or particulars of the accountant and/or auditor to be.
To incorporate a private Company without the intention to gain profit: details and documents required

The same as in the event of a company except that seven directors are required

To incorporate a Trust: details and documents required
  1. (For now) Intended name of the Trust; (in future) the proposed names in sequence of preference for name reservation purposes
  2. Full particulars of donor and trustees: inclusive of solvency confirmation, id number, postal address, physical address, nature of work and employment
  3. Mobile number, other contact number
  4. Name and details of capital beneficiaries
  5. Name and details of income beneficiaries
  6. Letter of bookkeeper or auditor who will be doing the bookkeeping of the trust
  7. Nominated replacement trustees, in the event an existing trustee is not available or capable to fulfill his/her function
  8. The bank account or account to be opened. E.g. First National Bank, current.