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Themba M.

Legal Compliance

  • Hourly rate: R200 /hr
  • Experience: 5 Years

About Themba

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Details of level of exposure to matters with supervision • Drafting Memoranda of Incorporation for private corporations, name reservation of companies and registration of companies • Drafting of legal opinions relating to various aspects of the Companies Act 71 of 2008, including, inter alia, declaration of dividends, share buy-backs, waiver of debts, removal of directors by ordinary resolution of shareholders and shareholder disputes • Advising clients on general compliance with the Companies Act 71 of 2008, as amended • Company secretarial work including preparation of notices of meetings, minutes and resolutions • Vetting of contracts • Drafting of commercial agreements of many facets including, inter alia, consortium agreements, non-circumvention agreements, subscription agreement, shareholder agreement, sale of business agreement and sale of shares • Consulting with clients, taking instructions and advising clients • Advising on corporate governance and corporate actions under the Companies Act, 2008 • Researching law • Advising on mergers and acquisitions and other commercial transactions • Attending independently to smaller matters and aspects of larger matters • solely managing the registration of trusts Company : Mpact Limited Date : January 2017 - Present Position : Group Legal Counsel Responsibilities : Various (see below) Details of level of exposure to matters • Drafting and advising on mergers and acquisitions legal documentation and private equity transactions. Solely conducting legal due diligence, managing due diligence and drafting due diligence reports. Advising Mpact on corporate matters, as well as drafting and negotiating a number of commercial documents, including sale agreements (shares, businesses and assets), share subscription agreements, board and shareholders’ resolutions and agreements sale of equipment agreement, lease agreement, credit agreement, settlement agreement, loan agreement, cession agreement, supply agreement • Managing Mpact’s litigation matters which includes inter alia, drafting letter of demand, drafting various affidavits, defending claims against Mpact, consulting with advocates, preparing a litigation report for the board of directors of Mpact. Preparing for mediation, arbitration and trial. • Managing Mpact Limited Intellectual Property • Drafting employment agreements, drafting wage settlement agreement, drafting collective agreements, advising the HR Department with labour law issues, drafting charge sheets, drafting labour broker agreements, assisting the HR Department with hearings • Labour Court and High Court experience includes drafting pleadings, affidavits, urgent applications, review applications and trials • Representing Mpact in wage negotiations, effecting retrenchments in line with the Labour Relation Act, drafting transfer agreements, negotiating with unions for strike related matters, drafting legal documentation for urgent applications, drafting and updating Mpact Labour Law policies. Giving Labour Law advice to Mpact.

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