Commercial

VDT Attorneys Inc. offers and delivers a unique client experience, where we provide more than just legal service. By partnering with each client and obtaining a significant understanding of your business, we deliver a highly specialised service through dedication, attention and providing focused solutions for the best possible outcome.

With our dynamic team consisting of vast knowledge, expertise and resources, we are able to stay abreast with ever changing legal developments across a broad range of industries. With an “infinite” mindset and approach and through insightful, pragmatic and solution-driven thinking, we are able to adapt in an ever changing society and in every matter to ensure optimal outcome to our clients in every transaction.

TAX & EXCHANGE CONTROL

  • We assist corporates and high-net-worth individuals with comprehensive, up-to-date tax advice in commercial dealings such as: –
  • Mergers and acquisitions (M&A);
  • Private equity and black economic empowerment transactions;
  • Corporate re-organisations (on and off- shore);
  • Inward and outward investment and offshore structuring;
  • Exchange control applications and requirements;
  • Assist with the drafting and seeking of SARS rulings and/or dealing with disputes;
  • Our litigation team I skilled and equipped to deal with and handling of objections, assessments, settlement negotiations, appeals in the Tax Court and High Court, and alternative dispute resolution processes.

TAX & EXCHANGE CONTROL

  • We assist corporates and high-net-worth individuals with comprehensive, up-to-date tax advice in commercial dealings such as: –
  • Mergers and acquisitions (M&A);
  • Private equity and black economic empowerment transactions;
  • Corporate re-organisations (on and off- shore);
  • Inward and outward investment and offshore structuring;
  • Exchange control applications and requirements;
  • Assist with the drafting and seeking of SARS rulings and/or dealing with disputes;
  • Our litigation team I skilled and equipped to deal with and handling of objections, assessments, settlement negotiations, appeals in the Tax Court and High Court, and alternative dispute resolution processes.

INTERNATIONAL TRADE & FINANCE

With our sophisticated and reliable corporate partnerships with our global partners, we are able to provide our clients with a global trade footing that includes immediate functional substance in the some of the largest export countries in the world. Our key differentiating advantage is capitalising and making use of the Dutch cooperative business model to provide its members access to global trade initiatives.

Our services include:

  • Transfer pricing advice and support services in support of transacting across global currency boundaries.
  • Provision and sourcing of trade financing and services to its members and suppliers including best rate credit insurance and trade financing solutions.
  • World-class compliance services on all member transactions in regards to trade compliance, GDPR/Privacy, legal & tax.
  • Factoring, trade finance, and working capital facilities tailor-made at request.
  • Debtor insurance on the outstanding balances to end customers.

 

MERGERS & ACQUISITIONS

We act for clients in various sectors, both in the public and private sectors, in dealing with corporate mergers, private equity and international/cross-border transactions.

Our services include:

    • Advice and guidance on an ever- changing economic and legislative environment such as taxation, competition law, environmental compliance, black economic empowerment, banking and finance, employment, exchange control and tax are handled in conjunction with our specialists in those areas.
    • Takeovers, mergers and acquisitions in both private and public markets; BEE transactions;
    • Due diligence investigations; Group restructuring and reorganisation;
    • Data Privacy and Cyber Law Compliance on both local and international requirements during and after mergers and/or acquisitions;
    • Exchange control and corporate finance and structuring.

ESTATE PLANNING & FIDUCIARY SERVICES

We assist both corporates and high net worth individuals with tax efficient investment structures in which we utilise the advantages of trusts and company structures where and as applicable to the client’s investment criteria and life goals. During the aforesaid structuring, we also structure the underlying investments (commercial property, equities, venture capital and related investments) for funding an appropriate returns using loans, equity or hybrid instruments depending on the circumstances and the credit risk.

Our advice includes:

  • Planning in respect of personal and family estates;
  • Integrated estate structuring; Fiduciary services;
  • Entity formation and registrations; Tax opinions;
  • Trusteeships;
  • Drafting of documentation and agreements and other related estate planning aspects;
  • Estate planning for both on-shore and off-shore planning and integration and management of such estates.

BLACK ECONOMIC EMPOWERMENT

Advice and planning in respect of the correct structuring, regulatory compliance and implementation of Broad-Based Ownership Schemes and Employee Ownership Schemes, including entity formation and registration, the holding of corporate trusteeships and all related fiduciary and administrative aspects relating to trust management and execution of the role of corporate trustee in the relevant scheme.

Our services include: 

  • BEE advisory services; and
  • BEE Corporate structure services

INTELLECTUAL PROPERTY (“IP”)

IP is a significant contributor to the value of your business, funding capabilities and enhances economic growth of your company and therefore requires decisive and effective protection and safeguarding. Our intellectual property lawyers can assist with:

  • Patents, Trademarks, Copyrights, Designs, Domains

This includes:

  • Searches and filing, Commercialisation, Advertising, Drafting and Prosecution
  • Registrations locally and abroad
  • We also offer legal advice to protect, develop and commercialise IP, including drafting of IP development agreements, license agreements, software license and maintenance and similar agreements
  • We look at cross border licensing of IP, IP/tax strategy and structures and restructuring of IP, both locally and internationally, we act on tax-driven IP restructurings, acquisitions, disposals and migrations.
  • We provide transfer pricing analyses of IP licenses, transfers and other IP-related intra-group relationships, using external legal/tax and economist expertise.
  • We value intangibles for a variety of purposes and especially the afore said structures, restructures, transfer pricing issues and migrations, though our unique external partnerships with specialists.

DATA PRIVACY & CYBER SECURITY

In an increasingly connected world, the future is digital. Worldwide business leaders regard cyber risk as one of their greatest challenges and concerns for their business. Cyber-attacks, nowadays happen on almost a daily basis, and poses a severe threat to finances, operations and reputation of all companies. Doing business in such an ever-evolving environment of digitization can be daunting and therefore you need to choose the right partner who can help you lead with confidence.

With a rigorous approach to cybersecurity and data protection, your business can counter the malicious cyber, data and ransomware threats emerging daily in your organisation. We help all types and sizes of organisations to comply with complex laws and issues such as data protection laws, access to information, IT laws, Big Data, cybercrime, ISO standards and related compliance legislation, in a practical and effective way.

Our services include: 

  • COMPLIANCE DOCUMENTS
    We can assist with the drafting and preparation, review and customisation of any and all of your documents such as privacy policies, user agreements, PAIA Manuals, operator agreements, intra-group or third party transferring agreements, cookie policies, disclaimers and consent notifications, internal employee processing policies, HR and employment processing procedures, incident management policies / data breach guidelines, ‘work-from-home’ employee policies, video recording policies and employee hardware/software policies.
  • ASSESSMENTS AND GAP ANALYSIS
    Legal and technical impact assessments on your organisations risk for compliance from a legal and technical perspective.
  • DATA BREACHES
    Management of data breaches and legal advice and assistance in reporting thereof.
  • INFORMATION OFFICERS
    We assist with registration and training of information officers.
  • TRAINING
    With our Face-to-face & e-learning platforms we can assist your organisation to create greater awareness and to get your employees and management trained and informed on matters such as POPIA, GDPR and related data privacy and cyber laws within your organisation.
  • PRIVACY BY DESIGNS
    We offer bespoke solutions to all types and sizes of clients through our legal advice and supported tools, products and services offered by our tech partners.

COMMERCIAL & SECRETARIAL
SERVICES

Our corporate lawyers have extensive experience advising on all aspects of corporate transactions which includes, inter alia:

  • Filings with the CIPC
  • Corporate Agreements and Documents (e.g. Memorandum of Incorporation, Shareholder Agreements, Joint Ventures (incorporated & unincorporated) and Partnership Agreements, Trust Deeds)
  • Corporate Governance & Compliance
  • Director Appointments & Removals Employee Share Ownership and Incentive Schemes
  • Incorporations and Registrations (Company (for profit and non-profit), Trusts, Voluntary Associations)
  • Non-Profit Organisations (Trusts, Non-Profit Companies, Voluntary Associations)
  • Sale of Shares, Sale of Business and Share Subscriptions
  • Shareholder and Director Disputes which includes Claims for Breach of Fiduciary Duties, Corporate Opportunities, Reckless Trading
  • Agency & Reseller Agreements
  • Consultancy Agreements
  • Franchising Agreements
  • Import, Export and other Logistics Agreements
  • Lease Agreements (residential & commercial)
  • Licensing & Royalty Agreements Loan Agreements
  • Manufacturing & Distribution Agreements
  • Non-Disclosure & Confidentiality Agreements
  • Sale Agreements & Offer’s to Purchase
  • Software Licensing, SAAS Agreements & Development Agreements
  • Terms of Engagement
  • NDA’s
  • Service Agreements

INTERNATIONAL TRADE & FINANCE

With our sophisticated and reliable corporate partnerships with our global partners, we are able to provide our clients with a global trade footing that includes immediate functional substance in the some of the largest export countries in the world. Our key differentiating advantage is capitalising and making use of the Dutch cooperative business model to provide its members access to global trade initiatives.

Our services include:

  • Transfer pricing advice and support services in support of transacting across global currency boundaries.
  • Provision and sourcing of trade financing and services to its members and suppliers including best rate credit insurance and trade financing solutions.
  • World-class compliance services on all member transactions in regards to trade compliance, GDPR/Privacy, legal & tax.
  • Factoring, trade finance, and working capital facilities tailor-made at request.
  • Debtor insurance on the outstanding balances to end customers.

 

MERGERS & ACQUISITIONS

We act for clients in various sectors, both in the public and private sectors, in dealing with corporate mergers, private equity and international/cross-border transactions.

Our services include:

    • Advice and guidance on an ever- changing economic and legislative environment such as taxation, competition law, environmental compliance, black economic empowerment, banking and finance, employment, exchange control and tax are handled in conjunction with our specialists in those areas.
    • Takeovers, mergers and acquisitions in both private and public markets; BEE transactions;
    • Due diligence investigations; Group restructuring and reorganisation;
    • Data Privacy and Cyber Law Compliance on both local and international requirements during and after mergers and/or acquisitions;
    • Exchange control and corporate finance and structuring.

ESTATE PLANNING & FIDUCIARY SERVICES

We assist both corporates and high net worth individuals with tax efficient investment structures in which we utilise the advantages of trusts and company structures where and as applicable to the client’s investment criteria and life goals. During the aforesaid structuring, we also structure the underlying investments (commercial property, equities, venture capital and related investments) for funding an appropriate returns using loans, equity or hybrid instruments depending on the circumstances and the credit risk.

Our advice includes:

  • Planning in respect of personal and family estates;
  • Integrated estate structuring; Fiduciary services;
  • Entity formation and registrations; Tax opinions;
  • Trusteeships;
  • Drafting of documentation and agreements and other related estate planning aspects;
  • Estate planning for both on-shore and off-shore planning and integration and management of such estates.

BLACK ECONOMIC EMPOWERMENT

Advice and planning in respect of the correct structuring, regulatory compliance and implementation of Broad-Based Ownership Schemes and Employee Ownership Schemes, including entity formation and registration, the holding of corporate trusteeships and all related fiduciary and administrative aspects relating to trust management and execution of the role of corporate trustee in the relevant scheme.

Our services include: 

  • BEE advisory services; and
  • BEE Corporate structure services

INTELLECTUAL PROPERTY (“IP”)

IP is a significant contributor to the value of your business, funding capabilities and enhances economic growth of your company and therefore requires decisive and effective protection and safeguarding. Our intellectual property lawyers can assist with:

  • Patents, Trademarks, Copyrights, Designs, Domains

This includes:

  • Searches and filing, Commercialisation, Advertising, Drafting and Prosecution
  • Registrations locally and abroad
  • We also offer legal advice to protect, develop and commercialise IP, including drafting of IP development agreements, license agreements, software license and maintenance and similar agreements
  • We look at cross border licensing of IP, IP/tax strategy and structures and restructuring of IP, both locally and internationally, we act on tax-driven IP restructurings, acquisitions, disposals and migrations.
  • We provide transfer pricing analyses of IP licenses, transfers and other IP-related intra-group relationships, using external legal/tax and economist expertise.
  • We value intangibles for a variety of purposes and especially the afore said structures, restructures, transfer pricing issues and migrations, though our unique external partnerships with specialists.

DATA PRIVACY & CYBER SECURITY

In an increasingly connected world, the future is digital. Worldwide business leaders regard cyber risk as one of their greatest challenges and concerns for their business. Cyber-attacks, nowadays happen on almost a daily basis, and poses a severe threat to finances, operations and reputation of all companies. Doing business in such an ever-evolving environment of digitization can be daunting and therefore you need to choose the right partner who can help you lead with confidence.

With a rigorous approach to cybersecurity and data protection, your business can counter the malicious cyber, data and ransomware threats emerging daily in your organisation. We help all types and sizes of organisations to comply with complex laws and issues such as data protection laws, access to information, IT laws, Big Data, cybercrime, ISO standards and related compliance legislation, in a practical and effective way.

Our services include: 

  • COMPLIANCE DOCUMENTS
    We can assist with the drafting and preparation, review and customisation of any and all of your documents such as privacy policies, user agreements, PAIA Manuals, operator agreements, intra-group or third party transferring agreements, cookie policies, disclaimers and consent notifications, internal employee processing policies, HR and employment processing procedures, incident management policies / data breach guidelines, ‘work-from-home’ employee policies, video recording policies and employee hardware/software policies.
  • ASSESSMENTS AND GAP ANALYSIS
    Legal and technical impact assessments on your organisations risk for compliance from a legal and technical perspective.
  • DATA BREACHES
    Management of data breaches and legal advice and assistance in reporting thereof.
  • INFORMATION OFFICERS
    We assist with registration and training of information officers.
  • TRAINING
    With our Face-to-face & e-learning platforms we can assist your organisation to create greater awareness and to get your employees and management trained and informed on matters such as POPIA, GDPR and related data privacy and cyber laws within your organisation.
  • PRIVACY BY DESIGNS
    We offer bespoke solutions to all types and sizes of clients through our legal advice and supported tools, products and services offered by our tech partners.

GENERAL COMMERCIAL & SECRETARIAL SERVICES

Our corporate lawyers have extensive experience advising on all aspects of corporate transactions which includes, inter alia:

  • Filings with the CIPC
  • Corporate Agreements and Documents (e.g. Memorandum of Incorporation, Shareholder Agreements, Joint Ventures (incorporated & unincorporated) and Partnership Agreements, Trust Deeds)
  • Corporate Governance & Compliance
  • Director Appointments & Removals Employee Share Ownership and Incentive Schemes
  • Incorporations and Registrations (Company (for profit and non-profit), Trusts, Voluntary Associations)
  • Non-Profit Organisations (Trusts, Non-Profit Companies, Voluntary Associations)
  • Sale of Shares, Sale of Business and Share Subscriptions
  • Shareholder and Director Disputes which includes Claims for Breach of Fiduciary Duties, Corporate Opportunities, Reckless Trading
  • Agency & Reseller Agreements
  • Consultancy Agreements
  • Franchising Agreements
  • Import, Export and other Logistics Agreements
  • Lease Agreements (residential & commercial)
  • Licensing & Royalty Agreements Loan Agreements
  • Manufacturing & Distribution Agreements
  • Non-Disclosure & Confidentiality Agreements
  • Sale Agreements & Offer’s to Purchase
  • Software Licensing, SAAS Agreements & Development Agreements
  • Terms of Engagement
  • NDA’s
  • Service Agreements

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