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REAL ESTATE

CONVEYANCING AND PROPERTY DEVELOPMENT

  • Registration of conventional and sectional property transfers
  • Conveyancing iro commercial properties forming part of sales of business agreements, managing contracts to ensuring compliance by parties with terms of agreements
  • Advising and drafting underlying property agreements, including sale and purchase agreements; land availability, development agreements
  • Property Due Diligence Investigations and Immovable Asset Register investigations
  • Township Establishments, including drafting underlying agreements, being part of professional team in development project, opening of township register, attending to subsequent transfers to beneficiaries/end-user purchasers
  • Attending to bulk low cost housing transfers and employee housing scheme bulk transfers for Municipalities and Private Sector Company
  • Drafting legal opinions on property related transactions and legislative compliance

NOTARIAL WORK

  • Notarial Bonds: Registration of notarial general covering bonds; notarial special covering bonds
  • Leases: Long Short Leases
  • Servitudes: registration of servitudes
  • Trusts; Antenuptial Contracts; Wills

LEGAL SERVICES in respect of PROPERTY MANAGEMENT

  • Property management agreements; contract management and vetting and ancillary attendances thereto.
  • Drafting / reviewing lease agreements with prospective lessees, contract management and vetting and ancillary attendances thereto
  • Reviewing and vetting management agreements, drafting necessary resolutions, authorities, board approvals
  • Drafting, reviewing and/or vetting services agreements between property management companies and third party service providers
  • Litigation arising from the breach of the Lessee in terms of the lease agreement.

COMMERCIAL

  • Conducting Legal Due Diligence Investigations, inter alia collating information and documentation, investigation, inspection, verification of information and documentation, drafting due diligence reports in execution of client mandate
  • Formation and structuring of new business entities; Company secretarial duties; Formation of Trusts and non-profit organisations;
  • Contracts and Commercial matters including attending to transactions of mergers and acquisitions, drafting various commercial agreements; review of agreements, legal opinions
  • Assist with licence applications to Financial Service Board (FSB), advising client on regulatory and compliance requirements
  • Advice on legislative and regulatory compliance requirements in respect of applicable legislation, including but not limited to Financial Advisory and Intermediary Service (FAIS) Act, 37 of 2002; Financial Services Board Directives, Practice Notes, Board Notices; Consumer Protection Act, 68 of 2008; Financial Intelligence Centre Act (FICA), 2001, etc.
  • Compliance requirements for asset management company; registration with FSB as investment manager, ensuring compliance with FSB and FAIS requirements; drafting shareholders agreement, portfolio management agreement, asset management agreements
  • Reviewing or drafting Company’s governance policies; sub-committees’ Terms of Reference

COMPANY SECRETARIAL SERVICES

Providing a hands-on, practical approach, Smith Bekwa is able to provide company secretarial services in respect of –

  • Compliance with statutory obligations in terms of the Companies’ Act, 2008 as well as good governance principles and recommended practices in terms of the King Report on Corporate Governance in South Africa
  • Preparation of board packs, setting up meetings, agenda, minutes of shareholder meetings, board meetings and any committee meetings and proper recording of minutes, distributing action lists, courtesy follow-up with board members re execution of action lists
  • Registration of new companies; Maintaining company’s records, activations and resignations and filing the company’s annual returns with the CIPC
  • Provide summarised updates and developments in law

DISPUTE RESOLUTION

  • Litigation in the Magistrate’s Court and High Court
  • Litigation arising from property related matters
  • Recoveries and Debt collection

ADMINISTRATION OF ESTATES

The process of winding up of deceased estates in terms of the Administration of Estates Act, 66 of 1965.

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