Services
Legal Services
Carol Coetzee & Associates
The firm will provide advice on property developments and the financing of such projects, draw up documents relating to property development projects and accompanying sale agreements, and advice on the marketing of the ultimate product. We are fully skilled in the drafting of all conveyancing and related documentation.
Within the spectrum of property law, we can attend to any property matter, including drafting and registration of all deeds, assistance with the purchase and sale of property, subdivisions and consolidations (including antenuptial contracts, servitudes, long-term leases, etc.), drafting of agreements pertaining to property law, all other real rights pertaining to property, as well as specialist services regarding transfer duties and VAT.
Service Areas
Conveyancing
Corporate & Commercial
Litigation
Conveyancing
- Subdivisions and consolidations of properties
- Opening and registration of Sectional Title Registers
- Drafting of commercial and private sale agreements
- Preparation of commercial and private lease agreements
- Registration of Notarial Deeds, servitudes, personal rights, notarial bonds and leases
Full Title Developments
Full Title Developments is a specialized service that provide a comprehensive and thorough range of property development services. The service ensures that all legal and financial obligations are met, as well as assisting with the management of planning, design, and construction throughout the process. Full Title Developments through a high-end service provider like Carol Coetzee and Associates are tailored to the needs of each client, taking into account each project’s individual requirements. The benefit of using Carol Coetzee and Associates for Full Title Developments is the peace of mind. Our carefully selected team is experienced in all aspects of the development process and can provide guidance and support throughout.
Sectional Title Developments
Sectional Title Developments are an increasingly popular type of residential property ownership in South Africa. It provides individuals with a unique opportunity to own a portion of a larger, shared building, while still having exclusive rights to their individual portion. Each sectional title unit is owned by a single owner, and the common property areas of the building are owned by all the owners collectively. This type of ownership structure can be beneficial for both developers and owners, as it allows for the development of a large-scale project with more ownership flexibility than is typically available in a traditional title deed property.
Establishment of Townships
We attend to the opening of sectional title registers and proclamation of townships on behalf of developers and coordinate cooperation between land surveyors, architects, town planners, consulting engineers and local authorities.
For developers, sectional title developments offer a great way to maximize returns on a project, while still providing the individual owners with the benefits of owning their own piece of real estate. By having multiple owners of the same property, developers are able to spread out the cost of development, and can often secure better financing terms than with traditional title deed property. Additionally, the developers can also benefit from the collective ownership of the common areas, which can reduce their overall maintenance costs.
For owners, sectional title developments are an excellent way to own a piece of real estate without having to shoulder the entire burden of ownership. By having multiple owners, owners are able to share the costs of development, maintenance, and repairs of the common areas of the building. Additionally, the collective ownership of the common areas, as opposed to traditional title deed property, can provide more flexibility when it comes to making improvements or alterations to the property.
Our Involvement
It is our experience that there is a need for our involvement from the outset to ensure the most effective process without incurring any delays due to lack of coordination between different professionals. The involvement, in broad outlines, being the following:
Advice at the initial planning stages, especially in coordinating the process until the opening of the sectional title register or proclamation of the township;
Involvement with the Deeds of Sale in purchasing the land on which the development is to be established;
Attendances at consultants’ meetings on an ongoing basis to ensure that the process that will impact the development is properly coordinated;
Attending the administration of units or even sold and providing the client with detailed reports on a weekly basis and discussing of the same;
Liaising with all government departments and professional consultants involved in ensuring the process is expedited;
Attending to the opening of the sectional title register and proclamation of townships and subsequent transfers in the name of individual purchasers.
Town Planning
- Rezoning applications for change of land use and increased residential density
- Liaising with municipalities on rates and taxes issues
Property Transfers
Our firm will assist private individuals and corporates with their property transactions, as well as estate agencies in their activities.
In the process of a transfer, we attend to the financial arrangements and the drafting of all documentation for the registration of properties at the deeds office. Correspondents and colleagues are purposefully contacted for simultaneous registration of linked transactions. Linked transactions are particularly coordinated, since the purchase of a property is probably the single most important transaction a private individual will ever enter into. The financial arrangements, the providing of guarantees and immediate accounting to all relevant parties and prompt finalisation of any transaction, are always regarded as priorities.
We recognise the need to coordinate as aforesaid, as the seller and the purchaser require the transaction to be finalised as soon as possible. For this reason we seek to be, and have succeeded in being, represented on the panels of all substantial financial institutions in order to ensure the efficient registration of transfer and linked bonds.
The firm works with Commercial Transfers on a daily basis and is familiar with the complexities and the legal requirements, which is also reflected in our outstanding turn around times to affect transfers of Business Letting enterprises / commercial properties.
We work closely with highly competent rates agents to obtain rates clearances to affect efficient transfer, which is evident in our exceptional turnaround times.
- Specialised deceased estates transfers and endorsements to existing title deeds
- Specialised divorce transfers and endorsements to existing title deeds
- Sale Transfers
- Sectional Title Transfers
- Commercial Transfers
Bonds
The setting up and providing of proper and timeous security is a fundamental part of the cover required by financial institutions and property developers in financing their clients.
Financial institutions also require the quickest possible registration process, as this ensures that their required funding revenue flows as effected sooner. In this instance too, accuracy, proper investigation of status and legal capacity, timeous and prompt registration and report back are requirements to which our firm’s conveyancers give priority. We do:
- Preparation and registration of mortgage bonds
- Cancellation of mortgage bonds
Carol Coetzee and her conveyancing staff are geared to provide specialist service to, but not limited to, financial institutions such as:
First National Bank
FNB Commercial Property Finance Division
ABSA Bank Limited
ABSA Private Bank
ABSA Wealth
ABSA Commercial Property Finance Division
Nedbank Limited
Standard Bank
Corporate & Commercial
Having professional legal services to support and represent your company for commercial law is an important factor for commercial success in South Africa. Carol Coetzee & Associates’ professional team provides expertise in understanding and interpreting South African commercial law. We give guidance on crucial legal business structures, bring forth advise on legal implications of different business decisions, and help to protect the interests of the company through contractual arrangements.
Our professional legal services can help to ensure that your company is compliant with the relevant laws and regulations. We offer consultations and legal drafting services.
EMPLOYMENT AND LABOUR LAW
- Representation at Disciplinary Hearings
- Assistance in handling strikes and lock-outs
- Drafting Employment Contracts
- Advise with drafting and/or amendments of
- Labour Policies and Procedures
- Provision of training on all HR and Labour Law related matters
INTELLECTUAL PROPERTY LAW
- Unfair Competition
- Law of Passing off
- Disputes on restraint of trade and trade secrets
COMPANY LAW
- Takeover Law regulations
- Protection of minority shareholder rights
- Shareholder Appraisal rights
- Rights and duties of Directors
- JSE listing requirements
- Training on Takeover law
- Corporate governance
- Company Administration Services
PENSION FUND LAW
- Regulatory law support to Pension Funds
- Corporate Governance Support to Trustees
- Pension Funds
DATA AND PRIVACY LAW
- Compliance and interpretation of the
- Protection of Personal Information Act, 2013 (POPIA)
- Drafting of Privacy policies in compliance POPIA
- Training Workshops and Seminars on POPIA compliance
SPORTS AND ENTERTAINMENT LAW
- Media and Entertainment Law
- Advertising and Marketing
- Sports rights and sponsorships
- Indemnity Agreements
- Broadcasting rights Agreements
- Litigation and Disputes
Litigation
Commercial Litigation in both the High Court and Magistrate’s Court:
Commercial litigation is the process of resolving disputes and resolving disputes concerning business transactions and agreements.
Our team of experienced commercial litigators specializes in representing clients in both the High Court and Magistrate’s Court. We assist clients in navigating various business disputes, including breach of contract claims, debt recovery, intellectual property disputes, professional negligence, competition law matters, shareholder disputes, and partnership disputes. Our expertise and attention to detail ensure that our clients receive the best possible representation and advice throughout the litigation process.
General Contract Disputes:
Whether you are facing a breach of contract or need assistance with contract negotiation and interpretation, our legal team is well-versed in resolving general contract disputes. We work meticulously to protect our clients’ rights and interests, offering proactive solutions and strategic advice tailored to each unique case. Our approach combines a deep understanding of contract law with industry-specific knowledge to achieve favorable outcomes for our clients.
Shareholder and Director Disputes:
This litigation service covers the resolution of disputes between shareholders and directors in regards to contracts, business agreements and other corporate matters.
Shareholder and director disputes can significantly impact a company’s stability and success. Our legal experts specialize in resolving conflicts arising from disagreements among shareholders and directors. We provide diligent representation in cases of breach of fiduciary duty, minority oppression, rights abuse, disputes over control and management, and mismanagement allegations. Our team is dedicated to finding innovative solutions that promote stability and preserve shareholder value.
Insurance Law Litigation:
Insurance law litigation covers disputes which arise from the interpretation and application of insurance policies. This includes disputes between insurers and their policyholders.
Our firm offers comprehensive legal services in insurance law, representing both insurers and insured parties in a wide array of insurance-related disputes. We have extensive experience in coverage disputes, bad faith claims, professional liability claims, subrogation matters, and policy interpretation. Our attorneys possess the necessary expertise to handle complex insurance litigation, ensuring that our clients’ interests are protected and that they receive fair- and just compensation.
Advice with initiating Alternative Dispute Resolution mechanisms involving the Companies Tribunal:
This litigation service provides advice on the initiation of alternative dispute resolution mechanisms such as arbitration and mediation, which involve the Companies Tribunal.
In addition to traditional litigation, we provide expert advice and assistance in initiating Alternative Dispute Resolution (ADR) mechanisms involving the Companies Tribunal. CC&A assists clients in navigating arbitration and mediation processes, promoting cost-effective and efficient resolution of disputes. By leveraging our expertise in ADR, we strive to provide our clients with practical strategies to achieve mutually beneficial outcomes.
General Arbitration and Mediation Services:
This litigation service covers the resolution of disputes through arbitration and mediation processes. This includes the drafting and negotiation of agreements, as well as representation and advocacy in proceedings.
With a deep understanding of both domestic and international arbitration and mediation practices, our firm offers specialized services in resolving commercial disputes through alternative means. Our team of skilled arbitrators and mediators see to it that our clients receive expert advice and guidance throughout the ADR process. We approach each case with diligence and impartiality, striving to foster effective communication and find customized resolutions that align with our clients’ objectives.
Insolvency and Business Rescue:
The process of rescuing a business from insolvency, including the negotiation- & arrangement of debt restructuring, and reorganization plans.
In times of financial distress, Carol Coetzee and Associates provisions expert legal support in matters of insolvency and business rescue. Our team possesses extensive knowledge of the South African legal framework governing insolvency matters; and is able to guide distressed companies through the process of business rescue, liquidation, or voluntary winding-up. We work closely with creditors, employees, and other stakeholders to facilitate fair and efficient outcomes that protect our clients’ interests.
Debt Review and General Credit Law:
Carol Coetzee and Associates reviews and brings resolution to debt disputes and bestows invaluable advice to clients regarding South African credit law. This includes the negotiation of repayment plans, enforcement and reinforcement of credit agreements.
Our firm offers tremendously advantageous specialized services in debt review and general credit law, assisting both creditors and debtors in navigating South Africa’s regulatory framework. We offer expert advice on debt repayment plans, loan agreements, debt collection practices, the National Credit Act, consumer rights, and other credit-related matters. Our dedicated team ensures that our clients are well-informed of their rights and obligations and assists in resolving credit disputes efficiently and effectively.
General Practice
- Drafting of Commercial agreements
- The formation of companies and partnerships
- Drafting and registration of Antenuptial Contracts
- Drafting of Wills and Estates Planning