As a corporate and commercial law firm, we offer a full spectrum of legal services.These services are structured into two main business divisions:
1.Corporate and commercial legal services, focusing on transactional and regulatory services;
2.Litigation and dispute resolution, focusing on litigation and alternative dispute resolution in the form of mediation and arbitration.
The following is an executive summary of our legal services:
Land Matters & Litigation Chieftaincy
Claims Insolvency Practice
Road Accident Fund Matters
Estate and wills
Labour Practice & Litigations
ADV MONYELA STEPHEN specialises in high volume debt collection. A genuine understanding of our clients’ needs, values and priorities empowers us to deliver, efficient, tailor-made debt collection services at competitive rates.
Company & Secretarial Services
ADV MONYELA STEPHEN provides the following services:
Planning and administrative services in respect of trusts and estates;
The formation of trusts;
ADV MONYELA STEPHEN accepts appointments as independent trustee on our clients’trusts;
Comprehensive company secretarial services to clients of the ADV MONYELA STEPHEN group of companies;
The formation and conversion of companies and close corporations;
Shelf companies are kept available in order to expedite our clients’ business developments;
The company secretarial implementation of shareholders’ and members’ agreements;
and Submissions to and communication with the Masters of High Court, the Registrar of Companies and Close Corporations (CIPC).
Comprehensive BEE Consulting
ADV MONYELA STEPHEN provides consulting services to its clients with all aspects of Broad-Based Black Economic Empowerment (BBBEE). We partner with our clients to enable them to meet their BBEE commitments and objectives.
We provide our clients with business consulting services and as well as expert advice on BBBEE objectives. We aim to embed ourselves to our clients’ teams and processes in order to deliver on our clients’ BBBEE objectives.
Our BBBEE consulting services are as follows:
Assessments and monitoring;
Scenario planning and context briefings;
BBBEE ready for rating;
Broad-based BEE training;
Enterprise and Socio-Economic Development beneficiary management.
ADV MONYELA STEPHEN offers comprehensive, effective, progressive and innovative advice to a large and growing number of major clients in all aspects of employment law in South Africa including:
General Employment Law;
Arbitration and Mediation;
Collective Bargaining Issues and Strike Management;
Disciplinary investigations and enquiries;
Due Diligence Exercises and Corporate Transactions;
Employment Litigation (Labour and High Court litigation);
Litigation: Alternative Dispute Resolutions;
Policy development and drafting;
Public law employment issues;
Restructuring and retrenchment planning;
Pension Law and Employee Benefits;
Training, Seminars and Employment Law Updates.
ADV MONYELA STEPHEN provides high quality definitive advice that keeps our clients at the forefront of the green economy and sustainable development.
In recognition of the growing contribution of green businesses to sustainability we have expanded our capacity to offer corporate law services to green entrepreneurs and businesses such as renewable energy, clean technology and
sustainable investment enterprises.
Our clients have the advantage of being advised by lawyers that combine extensive commercial law expertise with a specialist knowledge of the green economy, have a reputation for innovation and imagination and who share a commitment to
creating ecologically sustainable communities.
Insolvency Law governs aspects of financial debt. Insolvency occurs when a company is no longer able to pay debt due. The two main types are that of the inability to pay debt when due and is thus related cash flow problems and balance sheet insolvencies when the liabilities of a company far exceed the assets.
According to Insolvency Law a company that has illiquid assets and thus a positive balance sheet, but is unable to pay the short term debts is thus in a cash flow insolvency state. When a company’s assets fall into a negative state where the liabilities become more than the assets, the company can still have enough cash flow for day to day running, but not to pay off the long term debt.
One should understand that bankruptcy is not the same as insolvency. According to the law, bankruptcy occurs when a court determines that the insolvent state cannot be resolved without legal actions and thus declares a company bankrupt.
With the numerous insolvencies that have occurred over the past few years, the focus has shifted from liquidation of assets to assistance of businesses in financial trouble. The reason is simple. Not only the business, but its suppliers, clients, shareholders, and employees are all affected. To minimize the effect is better and as such debt restructuring steps can be taken to help rehabilitate a company. ADV MONYELA STEPHEN can assist you with all your Insolvency Law needs.
Litigation & Dispute Resolution
ADV MONYELA STEPHEN litigation services both broad and deep, our Litigation & Dispute Resolution practice form the core of our services to our clients. Focusing on disputes that either reach the High Court or are resolved by arbitration, we are involved in many high-profile commercial litigation and arbitration matters in South Africa.
Geared for rapid response, the Litigation & Dispute Resolution team can be called upon at short notice to resolve large-scale and complex litigation matters. This includes urgent applications and discovery-driven trial and arbitration
Merger & Acquisitions
ADV MONYELA STEPHEN conducts merger reviews in terms of Chapter 3 of the Act. Firms entering into Intermediate or Large mergers are required in terms of Section 13A of the Competition Act 89 of 1998 (‘the Act’) to notify the Commission of the merger in a prescribed manner and form and may not implement the merger until it has been approved with or without conditions by either the Commission
(Intermediate mergers) or the tribunal (Large mergers) or Competition Appeal Court.
ADV MONYELA STEPHEN investigate and analyse the likely effects of the notified merger and conclude whether or not the merger is likely to substantially prevent or lessen competition in any of the markets in which the parties compete. In addition the will consider the likely impact that the transaction is likely to have on the following public interest grounds:
A particular industrial sector or region;
The ability of small businesses, or firms controlled or owned by historically disadvantaged persons, to become competitive; and The ability of national industries to compete in international markets.
The Conveyancing Department of ADV MONYELA STEPHEN handles all aspects relating to property and property law in South Africa. The services provided by the conveyancing department include:
Advising on and drafting of commercial and residential leases;
Commercial and residential developments, including township establishment and sectional title developments;
Conventional transfers of properties, as well as transfers as a result of or in terms of liquidations, auctions, court orders, foreclosures, divorces, donations and deceased and insolvent estates;
Financial planning and structuring of share block and time share schemes;
Financial structuring of property transactions;
Miscellaneous applications, consents and endorsements required in the conveyancing process;
Negotiating and drafting agreements relating to the sale of properties, both residential and Project and commercial property development finance;
Property finance Registration and cancellation of all types of bonds, including mortgage, surety, collateraland notarial bonds;
Registration of all types of servitudes;
Subdivision and consolidation properties.
We assist clients with all commercial and corporate aspects of their business.
Commercial transactions are the heartbeat of the firm and the majority of our lawyers are primarily involved in assisting clients with a wide variety of commercial transactions. Our services are not limited to the draft and settlement of a composite range of commercial contracts but also include advising on the tax and other implications of commercial transactions, conducting due diligence investigations, advising on the implication of Broad-Based Black Economic Empowerment and assisting with the implementation of commercial transactions.
Especially Black Economic Empowerment transactions, which have been the main catalyst for a number of merger and acquisitions activities within South Africa, have played a major role in transactions in which we as a firm are involved. We are further involved in a number of private equity transactions dealing mostly with the BEE side of the transaction. Closely connected to our success in mergers and acquisitions and Black Economic Empowerment activity has been our success in banking and finance transactions related to BEE transactions. As a result of
our ability to conclude complex BEE transactions, we represent most of the banks in South Africa in BEE transactions on a regular basis.