Welcome to Marais Attorneys
Our Practice Areas

SERVICING CORPORATE CLIENTS

CORPORATE LAW

We pride ourselves on our expertise in handling all matters concerned with and related to Commercial Law and as such, are well-equipped to provide solutions to clients in the following areas:

  • Corporate Law;
  • Competition Law;
  • Mergers, Take-Overs and Acquisitions;
  • Joint Ventures;
  • Finance Restructuring;
  • Share Incentive Schemes;
  • The Establishment of Companies and Close Corporations;
  • The drafting of agreements, including but not limited to association agreements, agreements forming partnerships, shareholder agreements, sale agreements (shares or business), rental agreements, asset procurement agreements and service level agreements, etc;
  • Black Economic Empowerment transactions;
  • Contractual Law;
  • Mediation, negotiation and dispute resolution;
  • Insolvency Law.

We are also able to address any company secretarial queries through our consultant who works in close contact with the Registrar of Companies.

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COMMERCIAL & GENERAL LITIGATION

Litigation can be uncertain, time-consuming and costly. However, we in conjunction with our team of highly experienced advocates provide our clients with timely, efficient and cost-effective solutions relating to South African and international transactions in respect of inter alia:

  • Securities Litigation;
  • Commercial Fraud;
  • Competition Law;
  • Restraint of Trade Disputes;
  • Enforcement and Termination of Commercial Contracts;
  • Claims Pertaining to Confidential Information;
  • Claims Concerning Directors and Shareholders Rights and Duties;
  • Product Liability Disputes.

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LABOUR LAW

Through keeping track of the latest developments in Labour Law and legislation, we are able to assist employers and employees in employment, industrial relations and labour issues:

  • Drafting, Interpretation and Termination of Employment Contracts;
  • Advice on Minimum Standards Legislation;
  • Assistance with Unfair Dismissals, including Automatically Unfair Dismissals;
  • Residual Unfair Labour Practises;
  • Dispute Resolution;
  • Regulation of Collective Agreements;
  • Collective Bargaining Forums;
  • Strikes and Lock-outs;
  • Picketing and Protest Actions;
  • Compliance with the Basic Conditions of Employment Act as well as Labour Relations Act;
  • Freedom of Association (including agency shop agreements and closed shop agreements);
  • Organisational Rights as well as the Regulation of Collective Agreements;
  • Assistance with Employment Equity Act and Black Economic Empowerment Legislation;
  • Formulating and Chairing of Disciplinary Hearings;
  • Recognition Agreements and Negotiations with Trade Unions and Bargaining Councils;
  • Conducting Retrenchments and dismissals;
  • Commission for Conciliation, Mediation and Arbitration issues;
  • Litigation in labour related issues.

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MEDIA LAW

Several of our clients form part of the media and entertainment industry. As such we are able to provide a number of specialist industry-related services including:

  • Telecommunications Law issues;
  • Information Technology Law issues;
  • Defamation;
  • Broadcasting, including Broadcasting Complaints Commission matters;
  • Advice on Copyright, Trademarks, Patents and other fields of Intellectual Property Law;
  • Advertising Law;
  • Handling Advertising Standards Authority of South Africa complaints;
  • Cyber Law issues pertaining to the commercial sphere such as online contracts, information security, right to email privacy, online intellectual property and other forms of electronic legal issues.

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TRADEMARKS & COPYRIGHT

Through our consultants we provide a comprehensive range of services and advice in the fields of Trademarks, Copyright and related areas of Intellectual Property, including but not limited to:

  • Conducting Trademark searches and the preparation and filing of Trademark Applications;
  • Local and International Registration of Trademarks;
  • Assistance and advice on the protection of various types of Copyright “works”, including but not limited to artistic works, musical works, broadcasts, literary works and computer programs
  • Providing expert opinions on Trademark, Copyright and other Intellectual Property matters;

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BEE TRANSACTIONS

We have been in the Corporate Black Empowerment space since the inception of the BEE legislation and codes. We have over the years as legislation changed developed groundbreaking structures to overcome the funding of BEE transactions and to minimize the cost of such transactions.

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RENTAL PROPERTY LAW

Marais Attorneys specialises in rental property law, which involves all law surrounding landlords and tenants, leases of immovable property, rental collection, evictions and advices on general disputes arising between all stakeholders in the rental property arena. Our services include;

  • Residential and commercial evictions;
  • Rent collections and litigation;
  • Residential and Commercial Lease preparation and vetting;
  • Expert rental property advices on all areas of commercial, industrial and retail leases.

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FAMILY & DIVORCE LAW

Marais Attorneys assists clients with:

  • Divorces;
  • Maintenance matters;
  • Rule 43 Applications for Maintenance pendente lite;
  • Protection orders;
  • Advice on separation of parties involved in cohabitation relationships;
  • General family law advice.

In divorce matters, the finalisation, negotiation and settling of the settlement agreement in divorces is essential. Certain repercussions of divorce, such as ongoing contact and access arrangements in respect of minors, maintenance payments and facilitating immediate payment from Pension Funds, have proved problematic as well as division of the estate between the parties.

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AVIATION & SPACE LAW

With our knowledge of Public and Private Air Law as well as Space Law from both national and international perspectives, we can advise you on:

  • Lodging complaints against and prosecuting both local and international airlines for lost, damaged or delayed luggage or delayed flights as well as any bodily injury or death of a passenger on board an airline and or assist airlines to defend such actions;
  • Regulatory, Financing and Liability issues facing the Aviation Industry;
  • Aircraft Accident Investigations;
  • Air Traffic Control and issues such as Congestion and Environmental Problems and related legislation;
  • Multilateral Conventions and European Community Law Relating to matters such as Traffic Rights, Access to Airports and Carbon Emission legislation;
  • Competition Law relating to air transport;
  • Strategic Alliances between Airlines, Airports and Aerospace Manufacturers;
  • Security, Credit and Leasing Interests involved in Aircraft and Aircraft Engine Transactions;
  • Initiatives and New Technologies in the Aviation and Aerospace Industries;
  • Commercialisation of Space Initiatives, locally and internationally.

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Book a consultation with Marais Attorneys today!