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Specialist Fields

Cross-Border Legal Services

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We assist businesses in all areas of Cross-border Legal Services

Caveat Legal specializes in providing comprehensive cross-border legal services, catering to the diverse needs of businesses operating across different jurisdictions. With a focus on facilitating seamless transactions and ensuring legal compliance, our team offers expert legal assistance in various areas of cross-border transactions, as follows:
There is no work I enjoy more than helping my clients with their international corporate and commercial transactions. I’ve been advising on cross-border deals for over 20 years now – it is always interesting and exciting helping clients expand into new territories.

- Nick Bent

caveat legal panel attorney nick b

Corporate

Our legal team at Caveat specializes in UK and US corporate law (mergers & acquisitions), offering a comprehensive suite of services. These include drafting various agreements such as share purchase agreements, asset purchase agreements, shareholders agreements and articles of association, as well as lending documents like loan agreements and security agreements.

Our team is adept at facilitating:

  • cross-border transactions for SA clients doing deals in the UK or US,
  • cross-border transactions for UK and US clients doing deals in SA,
  • within-border transactions for UK or US clients, simply doing deals within the UK or US.
Our legal experts are also able to assist UK, US and South African clients with cross-border deals in other jurisdictions, predominantly across Europe and Africa. While the transactions we advise on are typically governed by English law, our extensive experience in international dealings allows for general advice or engagement with local firms for jurisdiction-specific details when necessary.
An advantage of working with Caveat Legal is our ability to advise on South African, English and US law, without the need for multiple legal teams. Clients benefit from seamless communication and collaboration, backed by our team’s familiarity with English and US clients and culture.

Commercial & data privacy

In addition to corporate matters, we assist with other types of commercial transactions under English law, serving the UK, South Africa and other international clients. From drafting technology agreements to negotiating distribution contracts, our team possesses comprehensive knowledge and experience across diverse commercial sectors. We also advise on data privacy compliance, offering guidance on UK and EU regulations and assisting clients with global data privacy matters.

International

Our international practice extends beyond the SA and the UK, encompassing cross-border transactions and commercial contracts for clients worldwide. Whether headquartered in Mauritius, Spain, or elsewhere, we assist international clients in navigating complex legal landscapes, providing guidance and engaging local firms when necessary for jurisdiction-specific advice. From corporate transactions to commercial agreements, we offer tailored solutions to meet the unique needs of our global clientele.

Africa

Our Africa transaction practice covers several African jurisdictions including Zimbabwe, Botswana, Namibia, Mozambique, Kenya, Tanzania, Nigeria and Mauritius; assisting with intellectual property, commercial, competition, data protection and trade work in sectors including mining, telecomms, FMCG, technology, travel and tourism and aviation.

FAQs

The parties to the transaction would negotiate and agree on the law to apply. For example, if an English company was in a transaction with a South African company, they may agree that English law or South African law applies.
The agreement(s) would set out the applicable courts that have jurisdiction in addition to the governing law. For example, the agreements may state that the jurisdiction of the English courts applies. Thereafter, if a party decides to bring an action in the courts of another jurisdiction, conflicts of jurisdiction and governing laws issues may arise.
There may be many, which can be set out to the extent possible in the transaction documents. For example, tax considerations, data privacy considerations, intellectual property considerations and employee issues.
There is no such thing as a ‘cross-border agreement’ in and of itself. The agreement would cover the designated subject matter (for example, a share purchase agreement), and this document would then be drafted in such a way as to apply between different jurisdictions.

The same as for mergers and acquisitions within borders, for example: share purchase agreements, asset purchase agreements, subscription agreements, articles of association (and updates), investment agreements and security agreements.

The starting point is to understand the personal data being processed and the jurisdictions in which it is being processed / transferred. It is best to speak with a Caveat Legal consultant that is experienced in the cross-border transfer of personal data and international data privacy laws. We can then advise you and draft the relevant documents.

The first step is to speak with a Caveat Legal consultant that is experienced in cross-border transactions. We can then advise you on the requirements and considerations, and draft the relevant documents.

Cross-border trade advisory is exciting work because of the unique challenges, opportunities and diversity of our great continent. My goal is to assist African businesses to achieve their dreams of regional expansion in the most cost-efficient way possible

- Marshal Mapondera, Panel Member

caveat legal consultant

Get in Touch

Contact us today to discuss your cross-border legal requirements and explore how our expertise can support your business endeavors.

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