Mergers & Acquisitions

We advise clients on all aspects of their acquisitions and disposals including the integration and restructuring needed to ensure successful acquisitions. We can assist with public and private transactions and the creation or dissolution of joint ventures. Our experience extends to transactions in both South Africa and abroad, we regularly act as local law advisers in relation to international transactions.

Directors’ Personal Liability

We provide specialised expertise in managing directors’ personal liability claims.

Directors in South Africa face increased risk to personal liability under the provisions of the new Companies Act of 2008, directors’ common-law liabilities have been codified and the statutory provisions under which directors may be held personally liable have been extended. Claimants who believe that directors have acted improperly, and should be held personally liable, are assisted by remedies that are now easier to implement.

Our team has conducted insolvency inquiries and worked with both creditors and liquidators in reviewing the actions of directors and their liability.

Doing Business In South Africa

Foreigners doing business in South Africa seek our advice on how to maximise the profits from their investments. Our clients are properly informed and confident when entering the South African market.

We advise our clients on the risks and advantages of the different investment and corporate structures available, tax efficient investment structures, protection of foreign individuals, the maximisation of returns to foreign countries, structuring of loan accounts and dividend returns, we also advise on the requirements and practise of the South African Reserve Bank.

Our expertise includes advice on:

– exposure to risk as directors,
– the rights and responsibilities of shareholders,
– monitoring and controlling the distribution of capital from local companies’ bank accounts,
– the transfer and distribution of profits out of South Africa,
– optimal tax structures for returns out of South Africa, we may partner with a tax practitioner if complex advice is required,
– creation and management of company structures,
– understanding the legal framework for businesses in South Africa,
– obligations as an employer.

South Africa is an attractive entry point for businesses joining the African market. Most multinational companies choose South African legal expertise to assist their expansion into Africa; many ventures also take confidence from the application of South African law in governing their contracts and disputes.

We have helped our clients expand into Mozambique, Mauritius, Ghana, Uganda, Kenya, Lesotho, Angola, Nigeria, Namibia, and the Democratic Republic of the Congo. As many investors in the region are foreigners, we’ve added value to their investments by guiding them through the creation and operation of tax-efficient offshore structures.

Stadium & General Construction

Ren Dunster is regularly involved in stadium construction disputes and negotiations. Ren’s clients have been involved in stadium construction in South Africa, North and South America, Europe and the Middle East. We have experience in the contractual relationships between parties and an appreciation of the timelines which usually govern the completion of these major projects, we also understand the logistical and costing concerns behind these major projects.

We are experienced in choosing appropriate resolution procedures for disputes, as well as the drafting and operation of contracts, indemnities, insurance and banking guarantees.

We are also involved in disputes in the local construction and housing industries and have guided our clients through both litigation and arbitration.

Shareholders

We have specialised experience in advising shareholders through disputes and litigation with fellow shareholders.

Many business partners run into difficulty where their companies develop beyond the scenarios initially contemplated in their shareholder agreements and memorandums of incorporation. Quite commonly this develops into disputes over loan accounts, the company assets and intellectual property; and the future of the enterprise; we’ve assisted our clients through these disputes and ensured that their investment and shareholding value is preserved or realised.