Commercial Law Archives - Page 4 of 8

Cap Table Detox: The 10 Moves That Save Your Deal Before Diligence Starts

Commercial Law, Corporate & Commercial Law, Legal Drafting / Plain Language, Mergers & Acquisitions, Shareholder Agreements, Transaction Support Services / loucile@caveat

Great companies get discounted – or delayed- because ownership is unclear. If your cap table is a patchwork of SAFEs, convertibles, side letters, and undocumented promises, buyers assume pain and price for it. A cap table detox is the cheapest way to protect value before an LOI. 1) Collect every instrument—no exceptionsPull term sheets, signed […]

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Where SA Energy Deals Actually Break Down, And Why the Obvious Fixes Don’t Work

Banking & Finance Law, Commercial Law, Commercial Property Law, Energy Law, Public Procurement Law, Regulatory & Compliance Law / loucile@caveat

South Africa’s energy pipeline is not short of ambition, capital, or need. What it is short of is projects that make it from heads of terms to financial close without losing six to eighteen months to problems that were visible – and unresolved – from the start. The issues that break deals in this market

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The Portfolio Legal Pack: How Funds Reduce Legal Firefighting Across Portfolio Companies

Banking & Finance Law, Commercial Law, Corporate & Commercial Law, Data Protection Law, Employment Law, Mergers & Acquisitions, Shareholder Agreements / loucile@caveat

Investors doing regular deals in South Africa and across the region know the pattern: once the acquisition closes, the legal workload doesn’t reduce — it multiplies. And unlike the transaction legal work, which is scoped, budgeted, and managed, the post-close portfolio legal work tends to be reactive, unstructured, and expensive in ways that are difficult

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The Clarity Premium: Why Some Founders Get Full Price and Others Don’t

Commercial Law, Corporate & Commercial Law, Data Protection Law, Employment Law, IP Law, Mergers & Acquisitions, Shareholder Agreements / loucile@caveat

Founders preparing for an exit tend to focus on the same thing: valuation. What the business is worth, what multiple is achievable, what comparable transactions look like. But the founders who consistently achieve the valuations they believe their businesses deserve understand something that takes most people one deal to learn. Buyers don’t just pay for

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The Land + Lines + Licences Trap: Why SA Energy Deals Stall, and How to Keep Them Moving

Banking & Finance Law, Commercial Law, Commercial Property Law, Energy Law, Public Procurement Law, Regulatory & Compliance Law / loucile@caveat

Most South African energy deals don’t collapse because the power isn’t needed. They stall because three practical workstreams are treated as afterthoughts: land, grid lines, and licences and approvals. When those are vague, everyone ends up negotiating in the dark – and by the time reality catches up, timelines, budgets, and sometimes the deal itself

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The 7 Things That Make an Energy Deal “Bankable” in South Africa (Before Lawyers Even Draft)

Banking & Finance Law, Commercial Law, Public Procurement Law, Regulatory & Compliance Law, Tax Law / loucile@caveat

In South Africa, energy deals don’t fail because everyone disagrees on the vision. They fail because the fundamentals that lenders, boards, and regulators care about aren’t resolved early enough – and by the time lawyers start drafting, those gaps become expensive.These are the seven bankability basics we push to the front of every deal. Each

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The Hidden Cost of Running Your African Legal Team as a Smaller Version of Global Legal

Commercial Law, Corporate & Commercial Law, Corporate Governance & Company Secretarial Law, Cross-Border Legal Services, Data Protection Law, Employment Law, Legal Drafting / Plain Language, Regulatory & Compliance Law / loucile@caveat

Multinational subsidiaries across Africa share a common structural problem. The regional legal team is expected to handle local compliance, contracts, employment matters, regulatory engagement, and escalations – with a headcount and budget that reflects neither the complexity nor the volume of what is being asked of them. The result is a function that is permanently

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Securing Your Interests: The Vital Role of Specialised Advisors in Commercial Property Transactions

Commercial Law, Commercial Property Law / caveat

There’s no denying that acquiring a commercial property remains a reliable and popular way to expand your investment portfolio. However, navigating the complexities of commercial property transactions in South Africa requires more than just basic business skills – it demands the expertise of specialised legal advisors. Let’s dive in. The field of commercial property law

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Protecting Your Intellectual Property: Legal Considerations for Software Development and Licensing Agreements in TMT

Commercial Law, IP Law, Technology Law / caveat

What is Intellectual property? Intellectual property (IP) is a legal concept that protects the creations of the mind, such as inventions, literary and artistic works, designs, symbols, and names. It grants creators exclusive rights to their creations, similar to physical property rights. IP law encompasses various categories, including patents, copyrights, trademarks, and trade secrets, each

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The Cybercrimes Act, 2020: Be aware of the personal data you hold

Commercial Law, Education Law / caveat

The incidence and variety of cybercrimes are proliferating year on year and will continue to do so faster than any legislature is able to promulgate laws that provide for the criminalisation, investigation and prosecution of those crimes. Against this backdrop, President Ramaphosa signed into law the Cybercrimes Act, 2020, on 26 May 2021. This is

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