Welcome to Brink Cohen Le Roux

By: Brink Cohen Le Roux  11-11-2011
Keywords: law, Local Government, financial requirements

Our services are structured to focus on ten key practice areas:










Administrative Law

We advise our clients on all issues resulting from the exercise of executive powers and the review of administrative actions in all relevant forums. We represent our clients before administrative tribunals.

Constitutional Law

Since the introduction of the Interim Constitution in 1994 and the creation of the Constitutional Court, constitutional litigation has extended itself into all areas of law. We advise clients on all constitutional issues, the enforcement of fundamental rights enshrined in the Constitution and on new legislation which gives content to constitutional principles such as administrative justice, access to information and prevention of discrimination.

Human Rights

With the Bill of Rights being an essential element of South Africa's Constitution, we represent both companies and individuals in human rights issues.

Municipal Law

Local government officials are faced daily with complex decisions involving the application of constitutional and administrative law in addition to a host of new enactments affecting municipalities. Apart from being advisers to the largest metropolitan Local Government on employment issues, we are well placed to advise local authorities on legal issues they are confronted with.

Debt Structuring

We act for a number of major banks, corporate bond issuers and arrangers in South Africa and abroad. We give advice on all aspects of banking legislation and international development projects. Other areas of practice include asset and off-balance sheet financing, offshore funds, syndicated loan transactions, capital market transactions, finance for public acquisitions and management buy-outs, corporate paper issues, interest rate, equity and currency swaps and derivatives.

Financial Markets & Securities

Corporate paper issues, asset and mortgage backed securitisations, repurchase agreements and securities lending transactions, equity, interest rate and currency swaps as well as derivative transactions form a regular part of our practice. We also advise clients on the provisions of the International Swap Dealers Association Agreement and the netting provisions contained therein.

Structured & Project Finance

We advise on international capital and infrastructure related projects, including the structuring of financial requirements in connection with such projects. This ranges from securitisations to leveraged and project finance, often involving cross-border implications.

We advise our clients on all aspects of Corporate and Commercial Law. We have extensive experience in takeovers, mergers & acquistions of listed companies, the rules and regulations of stock and financial exchanges, disposals of both public and private companies, public flotations, rights issues, management buy-outs and buy-ins. We offer advice on corporate restructurings, joint ventures, banking and finance, employee incentives and benefits, including share option schemes.

Aviation

We deal with aircraft financing transactions, regulatory issues, purchase and lease contracts, maintenance and security matters and related tax planning issues. Our litigation department also has substantial experience of litigating complex disputes relating to the registration, use and sale of aircraft and aircraft parts.

Empowerment

The firm advises empowerment groups and corporates seeking empowerment partners on the acquisition of equity interests in listed and other entities. It also assists multinationals in identifying suitable empowerment partners and structuring the nature of their association. We give advice on the implications of the Broad-Based Black Economic Empowerment Act, 2003, the Codes of Good Practice issued by the Department of Trade and Industry and the relevant Sectoral Charters.

Estate Planning & Trusts

We advise individuals on estate planning issues, the formation of trusts and capital gains. Our expertise in taxation and exchange control, as well as offshore structuring, assist us in giving current and practical advice on the drafting of wills.

Exchange Control

All transactions between residents and counter parties outside the Common Monetary Area are affected in one way or another by the South African Exchange Control Regulations. We obtain directives and rulings from the authorities where required. The Exchange Control Regulations are being relaxed on a regular basis and are expected to be phased out eventually. It is therefore vital that up-to-date advice be sought before making any business decision that has exchange control implications.

Foreign Investment & Joint Ventures

With renewed international interest in South Africa since 1994, the establishment of joint ventures and channelling of foreign investments have formed a major part of our firm's activities. We lecture at foreign investment seminars and have acted for a number of multinationals in structuring their South African operations, particularly in the mining, information technology and manufacturing industries.

IT, Internet & e-Commerce

Our firm's clients include South African and multinational hardware, firmware and software suppliers, technology joint ventures and individual entrepreneurs. We are involved in contracts for the sale, transfer and merger of IT companies and associated technology transfers as well as transactions for the supply and installation of computing systems and services. We also assist clients in structuring their e-commerce activities, advising them on all associated legal aspects.

Licensing & Franchising

Our firm has extensive experience in the negotiation, preparation and finalisation of licensing, agency, distributorship, franchise and sponsorship agreements ranging from high technology licensing to general commercial agreements.

Management Buy-Outs

We advise management teams and financial institutions on the structuring of leveraged management buy-outs and related business restructurings. Our knowledge enables us to give expert advice and to become proactively involved in the negotiation process, thereby ensuring smooth implementation.

Securities Regulation Panel & Stock Exchanges

We give advice on the Securities Services Act 2004, the rules and regulations of The JSE Limited, the Bond Exchange of South Africa, the Securities Regulation Panel and its Code on Takeovers and Mergers. We assist in public flotations, rights and capitalisation issues, as well as hearings by and applications to the Securities Regulation Panel. We advise on the implications of dematerialisation, electronic settlement and the JSE's STRATE (share transactions totally electronic) system.

Taxation

We advise on local and international tax matters and often work as part of a multidisciplinary team. We give tax structuring advice regarding the establishment of new businesses in South Africa and offshore. We handle all negotiations with the South African Revenue Services and represent clients in tax appeal proceedings. Our taxation expertise is required in connection with corporate reorganisations, mergers and acquisitions, international group restucturing, partnership tax planning, employee benefit and share incentive schemes, pre-flotation tax planning and all aspects of personal tax planning.

Telecommunications

We advise clients on all matters affected by telecommunication legislation and issues related thereto. We assist our clients in connection with all issues and disputes with regulatory authorities, service providers and competitors.

Our firm advises local and international clients on South African competition law and its effect on mergers, acquisitions, joint ventures, licensing arrangements and distribution practices. We represent clients in merger notifications filed with the Competition Commission and Competition Tribunal for the approval of mergers and in prosecuting or defending allegations relating to prohibited practices. We represent clients in hearings of the Commission and in appeals to the Competition Tribunal and Competition Appeal Court. We also give advice on international anti-dumping as well as customs and excise issues.

We advise on all aspects of individual and collective employment law. Matters include strikes, lockouts, employment equity, discrimination, skills development, disciplinary and litigation proceedings concerning all employment issues, workplace forums and pension law. Our labour lawyers have been actively involved in drafting new labour legislation and also lecture on the subject at leading South African universities and at public seminars.

We deal with all aspects of High Court litigation and appeal proceedings in the Supreme Court of Appeal, particularly in the areas of commercial litigation, all aspects of employment law and occupational health and safety, environmental issues, constitutional and administrative law issues, inquiries and inquests. In order to assist clients in solving problems in a quick and efficient manner and in achieving their business goals, we rely on a combination of internal and, where necessary, external resources.

Alternative Dispute Resolution

Several lawyers in our firm preside as arbitrators in commercial, employment, construction, engineering, mining, mineral and other contractual disputes, and give advice on other forms of alternative dispute resolution, including mediation.

Commercial Litigation

We deal with commercial disputes concerning securities litigation, company acquisitions and take-overs, commercial fraud, competition (anti-trust) law and restraint of trade disputes, enforcement of commercial contracts, claims relating to confidential information and directors' duties, building, engineering and product liability disputes.

Construction & Engineering

Construction and engineering projects impose complicated legal restrictions and obligations on the parties involved and are often subject to contractual disputes. We act for contractors, developers and insurers and give advice on bonds, guarantees and construction agreements in general.

Environmental Law

Environmental issues are a major concern in any developing economy and require sensitive handling. We advise on all aspects of environmental law including waste and pollution control, rehabilitation of work areas, water rights and contamination. We conduct environmental legal compliance audits and represent clients in litigation proceedings relating to industrial, retail, residential and commercial developments.

Insurance Law

We advise clients on their rights and obligations in terms of insurance contracts and assist them in enforcing those rights.

Intellectual Property

We are involved in the defence of our clients' interests in the intellectual property arena. We are experienced in all forms of technology transfer agreements such as sale or licensing of technology, the structuring of such transactions and the regulatory controls involved.

The structuring, negotiation and implementation of takeovers, mergers and acquisitions form a substantial part of our corporate law practice. We advise clients on all competition (anti-trust), taxation, exchange control, stamp duty, stock exchange listings requirements as well as the Securities Regulation Code on Takeovers and Mergers.

Our recognised expertise enables us to advise local and international mining houses on all aspects of their mining ventures. We render a complete range of services including the structuring and implementation of exploration and mining ventures and the negotiation and implementation of all relevant management and operating contracts.

Members of the firm represent parties in inquiries, inquests, litigation proceedings and commissions of inquiry regarding environmental as well as health and safety issues. We have established ourselves as top experts in this field and have appeared in several prominent matters concerning health and safety. We also conduct legal compliance audits in these areas.

We advise participants in the sport and entertainment industries on a wide range of topics including merchandising, sponsorships, television rights, the acquisition of equity interests in sport clubs, provinces and franchises, gaming licenses and applications.

Keywords: Currency Swaps, Derivative Transactions, financial requirements, law, Local Government, Repurchase Agreements, Securities Lending,

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