Share Certificate

A share certificate is a written document signed on behalf of a company that serves as legal proof of ownership of the number of shares indicated.
We will help you complete the share certificate.

Starting a business

When you are starting a new business you need to understand the legal requirements to make the business compliant and profitable. The ‘Starting a business’ legalflow will guide you through each step of the journey.

Dealing with Misconduct at Work

Understanding misconduct and having clear procedures in place to deal with it ensures a fair and safe workplace for all. This legalflow guides you through the disciplinary processes ensuring you follow fair procedures and are compliant with the law.

Managing Drug Abuse at Work

Drug abuse in the workplace is a serious issue impacting employee safety, product quality and/or productivity. It is important to manage situations involving drug abuse appropriately and fairly. This LegalFlow guides you through three activities in the legal and fair process: Conducting searches for drugs; Conducting drug tests; and Declaring a drug dependency.

Contract of Employment (Fixed Term)

A fixed-term contract is a contractual relationship between an employee and an employer that lasts for a specified period. Fixed term within this context, can imply a fixed duration or a fixed outcome against which the contract will be adjudged or the performance of the employee assessed. 

A fixed term contract runs from an agreed start date and ends on a specified date or on the completion of a specific project ending the employment relationship, the duration of which should be agreed upon in advance. Fixed term employees are entitled to the same rights and benefits as those of permanent employees depending on the time frame of the contract length. This form of contract is legal provided that it is used for the intended purpose of fulfilling a short term assignment.

Make sure that you understand the implications of utilising a fixed term employment contract with regards to labour laws and who is an applicable employee for your organisation. The Labour relations Act states that if an employee is compensated below the legal threshold of R205 433.30 per annum a fixed term contract is limited to a period of 3 months and may only be extended if there are justifiable reasons for doing so. These may include, but is not limited to, the employee is replacing a permanent employee who is temporarily absent, is completing a specific project for a determined period, is a seasonal worker or is a student obtaining vocational training. It is also provided that should the contractor be employed for longer than 3 months without justifiable reason, this employee would be deemed to be permanent and would be entitled to all the rights and benefits of a permanent employee. However, it must be noted that other factors do apply.

Founders Collaboration Agreement: For idea stage startups

This Founder Collaboration Agreement is intended as a seed document that can be used as a framework for a more complex business and legal relationship. Starting a new company requires inspiring early co-founders to join you in your efforts and then quickly establishing an environment of trust where everyone works hard and fairly shares the upside of any success.

To that end, we launched the Founder’s Collaboration Agreement which is designed for a newly formed team to agree on what each founder’s shareholding should be as well as how to make sure that each founder puts a continued effort throughout the lifetime of the company in order to keep their equity stake.

The Founder Collaboration Agreement is suitable for use between two or more individuals that have agreed to work together in order to develop a business concept and/or technology. The agreement envisages that each individual shall be a co-founder of a newly incorporated company and sets out how the share capital of that company will be split. The agreement also includes share vesting provisions to cover a situation if a founder leaves the company during the vesting period. Importantly, the agreement also obliges each co-founder to transfer any and all intellectual property that has been developed as part of the collaboration to the company.

Non-disclosure Agreement (Mutual Long)

A Non-Disclosure Agreement is a contract used to maintain privacy in agreements where sensitive information is exchanged between two parties. This NDA has been designed to protect both parties.  If you want a Non Disclosure Agreement that only protects one party, you can find it here.

Ultimately, an NDA is designed to prevent someone from disclosing information you have shared with them with the intention of keeping the information secret.

This agreement:

More information regarding Non-Disclosure agreements generally can be found here.

Choosing the right employment contract

There are different types of employment contracts depending on whether an employee is permanent full-time, part-time, flexi-time, or fixed-term (temporary). Many employers also confuse an independent contractor with an employee. This flow will take you through a process of identifying whether a person is an employee or independent contractor, the type of contract you will need, and then help you to complete the contract.

Dealing with Sexual Harassment at Work

The law requires employers to take steps, using either formal or informal procedures, to deal with complaints of sexual harassment made by employees in the workplace. This LegalFlow will guide you as an employer through both formal and informal processes ensuring you are following legal and fair procedures, that your employee feels engaged with and that your business is protected.

 

Managing Desertion

When an employee is absent from work for a period of time without informing their employer, it is called desertion. This LegalFlow will guide you as an employer through the legal steps you need to take to deal with desertion ensuring you follow fair procedures.

It is very important to distinguish between absenteeism without authorisation or permission and desertion. Absenteeism is when an employee does not show up for work at the required time and has failed to notify the employer of his reason for absence and his expected date of return. This absence tends to be short in duration. Desertion or absconding entails the employee’s intention to no longer return to work.

Legal Investment readiness report

The due diligence process helps the investor determine if its initial decision to provide funding is based on accurate information. As such, investors check your finances, your company’s structure, legal documents, key personnel, employment contracts, vendors, clients and more.

Non-disclosure Agreement (Disclosing Long)

A Non-Disclosure Agreement is a contract used to maintain privacy in agreements where sensitive information is exchanged between two parties. This NDA has been designed to protect the disclosing party and should generally be used as your first option when it is only one party who has information to protect and the other is only receiving this information. Ultimately, it is designed to prevent the unlawful disclosure of confidential information.

This agreement:

Legal Health Check

A Legal Health Check can be referred to as a current and comprehensive evaluation of the crucial legal elements of your business. It provides you with several questions that help you understand your legal successes and pitfalls from the point of view of an external expert. This involves a comprehensive diagnostic on legal upkeep, regulation adherence and compliance within your business, and a report highlighting any potential exposure to risk or liability that you might have. The report will define the strength of the business while pointing out ways of improving your legal landscape.

The area of questioning include:

Business Formalisation and Structuring

Director Relationships and Corporate Governance

Fundraising and Financing

Intellectual Property

Website management

Employment and Labour management

Supplier chain stakeholder management

Property

 

Grievance Procedures in the Workplace

A grievance is any complaint that an employee might have as a result of a workplace issue. Employers should have a grievance procedure in place to deal with any grievances raised by employees. This LegalFlow guides you as an employee through a grievance procedure, helping you to understand what you need to do to lodge a grievance and the steps your employer should take to respond to the grievance.

Understanding Misconduct and Incapacity

It is important that business owners and managers have a clear understanding of the difference between misconduct and incapacity and how to respond to these situations in the workplace. This LegalFlow describes the different types of disciplinary actions, the evidence you need to prove misconduct or incapacity, and what procedures to follow.