Commercial Law

Overview

MP & Associates provides comprehensive Commercial Law services designed to protect businesses, prevent legal risk, and resolve disputes efficiently. Our firm supports entrepreneurs, SMEs, corporations, partnerships and investors with practical, commercially intelligent legal solutions that align with business goals.

With strong experience in litigation, corporate advisory and regulatory compliance, we assist organisations in making informed decisions, managing risk, structuring deals, and handling high-level business disputes.

Whether you need contracts drafted, an acquisition managed, intellectual property protected, or a contentious dispute resolved, our commercial law team delivers professional advice and strong representation.

Who this service is for

• Start-ups and small businesses

• Medium to large companies

• Partnership and shareholder groups

• Directors and company boards

• Entrepreneurs and investors

• Professional practices

• Businesses facing contractual or regulatory disputes

Core Commercial Law Services (Detailed)

1. Commercial Litigation

We provide experienced representation in all commercial disputes, including:

• Contractual disputes

• Business-to-business claims

• Breach of contract

• Damages claims

• Urgent High Court applications

• Interdicts and injunctions

• Enforcement of contractual rights

• Opposing interdicts and urgent relief

Our focus is on resolving disputes quickly and cost-effectively while protecting business interests.

2. Mergers & Acquisitions (M&A)

We guide businesses through all phases of mergers, acquisitions and business sales including:

• Legal due diligence

• Purchase agreements

• Share sale agreements

• Asset sale agreements

• Transfer of employees (Section 197)

• Regulatory compliance

• Structuring deals to minimise risk

• Negotiation support and closing assistance

Our goal is to ensure a smooth, compliant and well-structured transaction.

3. Commercial Restraint of Trade

We help businesses draft, enforce, or defend restraint of trade agreements to protect:

• Confidential business information

• Client lists and trade secrets

• Intellectual property

• Proprietary processes and systems

• Staff retention and competitive advantage

We also represent clients in litigation involving restraint breaches.

4. Competition Law

Advising businesses on compliance with the Competition Act, including:

• Anti-competitive conduct

• Price-fixing, collusion and cartel behaviour

• Abuse of dominance

• Merger notifications

• Market inquiries

• Competition Commission investigations

• Representing companies in enforcement actions

5. Data Protection & Privacy (POPIA Compliance)

We help organisations comply with POPIA and other data protection laws by assisting with:

• Privacy policies

• PAIA manuals

• Processing and consent forms

• Data breach response

• Compliance training

• Cybersecurity and data retention frameworks

• Implementing internal compliance structures

6. Shareholder & Partnership Disputes

We have extensive experience resolving internal company disputes including:

• Deadlock situations

• Oppression of minority shareholders

• Breach of shareholder agreements

• Partnership dissolutions

• Removal or appointment of directors

• Share valuation and buy-out disputes

• Enforcement of partnership and shareholder rights

We prioritise preserving business value and finding equitable resolutions.

7. Corporate Governance

We help businesses manage their legal governance responsibilities:

• Drafting governance frameworks

• Advising boards and directors

• Compliance with the Companies Act

• Risk management and ethics policies

• Training for management teams

• Meeting procedures and statutory requirements

8. Chairing Shareholder & Board Meetings

A neutral, professional attorney chairs meetings to ensure compliance, fairness and proper procedure.

• Annual General Meetings (AGMs)

• Special General Meetings (SGMs)

• Board meetings

• Resolutions and minutes

• Quorum and voting management

This prevents conflict and ensures all actions are legally valid.

9. Commercial Contracts

We draft, review and negotiate all types of commercial agreements including:

• Service level agreements (SLAs)

• Supplier and procurement contracts

• Employment and contractor agreements

• Shareholder agreements

• Partnership agreements

• Franchise agreements

• Joint venture agreements

• Loan agreements

• Non-disclosure agreements (NDAs)

• Memorandums of understanding (MOUs)

• Lease agreements

• Distribution and agency agreements

Our contracts are tailored to protect business interests and reduce legal exposure.

10. Patents & Trademarks (Intellectual Property)

We assist clients with protecting and enforcing intellectual property rights including:

• Trademark registrations

• Trademark infringement actions

• Patent protection guidance

• Licensing agreements

• IP transfer agreements

• Brand protection strategies

11. Interdicts & Urgent Applications

Businesses often require immediate court intervention. We assist with:

• Urgent interdicts

• Opposing interdicts

• Protection of business rights

• Stopping unlawful conduct

• Preserving assets

• Stopping reputational or financial harm