WHAT IS COMMERCIAL AND BUSINESS LAW?
Commercial Law governs the legal principles applicable to trade, commerce, and the sale of goods and services. It includes the creation, interpretation, and enforcement of contracts, as well as the regulatory frameworks surrounding commercial transactions, financing arrangements, and trade practices.
Business Law addresses the legal infrastructure within which business entities operate. This includes company formation, governance, shareholder relations, restructuring, and regulatory compliance. It also extends to matters such as franchising, intellectual property protection, and commercial acquisitions.
Together, these disciplines form the legal foundation upon which sound businesses are built, scaled, and sustained.
OUR COMMERCIAL AND BUSINESS LAW SERVICES
At Ooni & Wadia Inc. we provide practical, commercially focused legal solutions to entrepreneurs, SMEs, and established businesses across a wide range of industries. Our approach combines legal rigour with commercial sensibility — ensuring our clients’ operations are protected, efficient, and aligned with their strategic goals.
We provide comprehensive support throughout all phases of the business lifecycle, including formation and structuring, transaction execution, compliance management, and expansion planning. Our services include the following:
· Company registration, restructuring, and governance advisory
· Drafting and reviewing shareholder agreements and memoranda of incorporation
· Commercial contract drafting, analysis, and negotiation
· Franchising and licensing structuring
· Terms and conditions for goods, services, hire, and online trade
· Legal compliance audits and risk assessments
· Privacy policy and data protection compliance (incl. POPIA)
· Mergers, acquisitions, and business sales (including legal due diligence)
· Trademark registration and brand protection
· Advisory on joint ventures, partnerships, and commercial collaborations
· Ongoing advisory on operational, transactional, and regulatory matters
WHO WE SERVE
At Ooni & Wadia Inc. we provide practical, commercially focused legal solutions to
· Emerging entrepreneurs and start-ups
· SMEs seeking structured growth
· Established private companies and close corporations
· Franchisors and franchisees
· Directors, shareholders, and investors
· Trusts and commercial joint ventures
· Institutional clients requiring reliable transactional support
WHAT SETS OUR FIRM APART
Business-Aligned Legal Thinking - We view each legal instruction through a commercial lens — delivering outcomes that are not only technically sound, but also strategically aligned with our clients’ business objectives.
Clear, Actionable Contracts - We draft agreements that are enforceable, practical, and easy to understand — avoiding ambiguity and anticipating risk.
Efficient Execution of Transactions - From negotiations to signing and closing, we manage timelines, stakeholder communications, and legal documentation seamlessly.
Regulatory and Risk Insight - We help clients anticipate and address regulatory pitfalls, particularly in high-risk sectors or industries with evolving compliance demands.
Trusted Legal Partnership - We act as retained counsel or transactional advisors, offering dependable, responsive legal support whenever needed — whether for a single transaction or ongoing operations.
FREQUENTLY ASKED QUESTIONS? (FAQ's)
We provide legal support to businesses from incorporation to operations. This includes drafting contracts, advising on compliance, handling commercial disputes, and assisting with M&A due diligence and negotiations.
Q: Do I need an Attorney to start a business in South Africa?
A: While not legally required, engaging a commercial lawyer ensures your company is correctly registered under the Companies Act 71 of 2008 and helps avoid legal pitfalls.
Q: What is a shareholders agreement and why is it important?
A: It governs the rights and obligations of shareholders. While not mandatory, it provides clarity on decision-making, profit-sharing, and dispute resolution.
Q: How do I register a private company (Pty) Ltd?
A: Registration is done through the CIPC portal, requiring a name reservation, submission of company documents (MOI), and appointment of directors.
Q: What is the role of a company secretary?
A: For public and certain private companies, a company secretary ensures compliance with statutory obligations under the Companies Act.
Q: Can you help draft business contracts?
A: Yes, we draft contracts that are legally sound, customized to your business, and include protective clauses to limit liability.
Q: What is due diligence and when is it required?
A: Due diligence is a legal and financial investigation conducted prior to joint ventures, sale of businesses, mergers, acquisitions, or investment agreements.
Q: What are the risks of operating without contracts?
A: Without contracts, enforcement becomes difficult, terms of the contract are not recorded and can be disputed, terms such as the parties obligations, contractual conditions, timeframes and remedies for breach remain unclear. Accordingly, businesses that operate without contracts are exposed to both legal and financial risks.
Q: How do you resolve partnership disputes?
A: We assist through structured negotiation, mediation, or litigation, often guided by terms in the partnership agreement.
Q: What are the penalties for non-compliance with the Companies Act?
A: They range from administrative fines to deregistration, depending on the type of contravention.
Q: Can we assist with intellectual property protection?
A: Yes. We provide trademark registration, IP assignments, and contractual IP protection strategies under the Trade Marks Act 194 of 1993.