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About Us

Boshoff Smith Attorneys is a multi-city law firm with offices in Pretoria and Johannesburg. We specialise in family law, deceased estates, commercial law and contracts.

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  • info@boshoffsmith.co.za
  • +27 (0)12 003 3300
  • Office 35, Regus Business Centre, Southdowns Ridge Office Park, John Vorster
    Drive, Irene, 0062m

LEGAL PRACTICE AREA

Commercial Law

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Commercial Law

Commercial Law is the framework that aims to regulate business practices and transactions. It relates to the rights of businesses and individuals, as well as the conduct of businesses and individuals who is involved in some way in commerce, sale, merchandising and trade. Commercial laws are the parameters set for the corporate world to operate fairly and ethically.

There are various types of Commercial Law in South Africa, all somehow affecting each business, for example, the Law of Contract, ensuring that all relationships in a company is well regulated and protected. Having contracts in place ensures that the agreement can be adhered to and is enforceable against the parties to the agreement.  Competition Law also forms part of Commercial law, which promotes and seek to maintain healthy competition in the market and regulating these relationships.

We specialise in:

  • Contracts
  • Disputes
  • Consumer Protection

Frequently asked questions

What are the main categories of Commercial Law?

Commercial Law includes the Law of Contract, Corporative Governance, which is regulatory requirements and compliance therewith, Mergers and Acquisitions where entities are desirous to combine their businesses or acquire assets, Intellectual Property Law which ensures the protection of a company’s intangible assets, Competition Law, Consumer Protection, Commercial Litigation and Tax Law.

What role does commercial litigation play?

It assists in resolving business disputes where the parties fail to reach an amicable and fair agreement between them. Sometimes litigation is necessary to resolve disputes between shareholders or where a consumer breached an agreement.

Who does Commercial law apply to?

Commercial law applies to all businesses, irrespective of their size. Having all your legalities in order will ensure that your business is compliant and able to grow and become an established entity in our economy.

Must all businesses register as a VAT Vendor?

No, however if you are of the opinion that your business’s annual turnover (before deductions) will exceed R1,000,000.00 per annum, it is advisable to register as a VAT vendor in terms of the Value Added Tax Act, 1991.

What are the primary sources of Commercial law?

The two primary sources of commercial law are the Companies Act 71 of 2008 as well as our common law. The Companies Act sets certain requirements for all companies registered in South Africa, whilst common law is made up of previous Court decisions. There are various other sources that applies to Commercial Law ensuring compliance of national and international standards.

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