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Corporate Law attorneys in South Africa

Find a corporate attorney in South Africa: company formation, the Companies Act, MOIs, shareholder agreements, directors duties and M&A.

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Mukwani Attorneys

Mukwani Attorneys

Rosebank, Johannesburg, Gauteng Experience not supplied

Mukwani Attorneys is a Johannesburg-based law firm committed to providing professional, personalised and effective legal solutions. We assist individuals and businesses across a range of legal matters, including family law, divorce, criminal law, litigation, commercial law, labour law, property law and estates. Our approach is built on honesty, integrity, quality and excellence, with a focus on understanding each client's unique needs and providing practical legal guidance.

Administrative LawCommercial LawConstitutional Law AttorneyOS reviewed
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Plain-language guide

What a corporate attorney does.

A corporate attorney works on the company itself rather than its day-to-day trading: forming and structuring companies, drafting the memorandum of incorporation and shareholder agreements, advising directors on their duties, handling share issues and transfers, mergers, acquisitions and due diligence, and keeping the company compliant with the Companies Act and CIPC.

When you need one

  • You are starting a company with other people and need the shareholding and exits agreed properly.
  • You are raising investment, or buying or selling shares in a company.
  • A dispute has arisen between shareholders or directors.
  • You have been appointed a director and want to understand your personal exposure.

How fees usually work

Company formation and standard documents are often fixed-fee. Transactions and disputes are hourly, and a large transaction may be quoted as a fee estimate with a cap. Ask for the written estimate the Legal Practice Act requires and whether junior work is billed at junior rates.

Questions to ask before you instruct

  • Should this be a private company, a personal liability company or a trust, and why?
  • What must the MOI say that the standard one does not?
  • What protections do minority shareholders have under our agreement and the Act?
  • What are the ongoing compliance duties and what do they cost each year?
See the listed practitioners

General information about South African law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Corporate attorney questions

Do I need a shareholders agreement if I have an MOI?

The MOI is public and binds the company and its shareholders; a shareholders agreement is private and can deal with matters such as funding obligations, restraints, deadlock and what happens when someone wants to leave. Where they conflict, the MOI prevails, so the two must be drafted together.

Can a director be held personally liable for company debts?

In defined cases, yes. The Companies Act allows a director to be held liable for loss caused by a breach of fiduciary duty, for trading recklessly or fraudulently, and for knowingly acting beyond authority. Personal guarantees signed for the company are a separate and common source of liability.

What is a due diligence when buying a company?

An investigation of the target before you commit: its contracts, litigation, tax, employees, property, licences and compliance. The findings shape the price, the warranties and the conditions in the sale agreement. Its scope and cost should be agreed with the attorney at the outset.

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