Corporate Finance
/M & A /General Commercial

We regularly act on some of the largest and highest profile transactions in South Africa because we understand that modern day commerce demands speedy solutions. Implemented without compromising quality.

We work across an ever increasingly wide area of public and private transactions choosing areas where our in-depth knowledge can be used to its fullest, including listings, takeovers and restructurings to share/asset sales and joint ventures, with a client list of large financial institutions, large property companies, mining houses, agricultural co-operatives and multinationals as well as many smaller listed and unlisted companies.

We work more and more with our long-standing global associates, using our comprehensive understanding of the regulatory environment to fulfill our cross-border commitments across areas of proficiency including, Corporate Finance, Mergers and Acquisitions, Private Equity, Equity Capital Markets and Legal Due Diligences.

Areas of Expertise

  • Corporate Finance
  • Mergers and Acquisitions
  • Private Equity
  • Equity Capital Markets
  • Legal Due Diligences
Business Rescue
& Company Turnarounds

Our ability to advise businesses in distress on their plans and proceses for rescuing and turning around their fortunes has been greatly enhanced by an association with a team led by three senior ,highly experienced and respected individuals with a proven track record. It's our experience that a company in distress should be steered, through this association, to financial and operational health, rather than inevitable liquidation.

We do this in several ways including proactively assessing and managing legal, financial and business risks, to avoid the value destruction inevitable in a liquidation process.

Devising a strategy to develop and implement a recovery strategy while making recommendations on viable alternatives and an optimal restructuring solution.

We also assess an optimal funding solution, which could include a restructuring of existing debt, raising of new debt and / or equity, a compromise with creditors or a combination of the foregoing, and / or formal Business Rescue in turning around large troubled companies, including advising such companies on formal and informal business rescue aspects, as well as operational priorities.

Areas of Expertise

  • Proactively assessing and managing legal, financial and business risks, to avoid the value destruction inevitable in a liquidation process
  • Devising a strategy to develop and implement a recovery strategy
  • Making recommendations on viable alternatives and an optional restructuring solution
  • Assessing an optimal funding solution, which could include a restructuring of existing debt, raising of new debt and/or equity, a compromise with creditors or a combination of the foregoing, and/or formal Business Rescue
  • Together with our client, facilitating the implementation of the chosen financial restructuring plan, which includes representing or guiding the client in negotiations and managing relationships with stakeholders, such as banks, creditors and shareholders.
Tax

Our experience and detailed tax expertise combined with our business acumen help us navigate the increasingly complex tax environment, allowing our specialist teams to provide a comprehensive 360-degree service.

Tax is integral to the advice Glyn Marais provides, in areas of corporate finance, capital markets, acquisition finance, structured finance and project finance and the tax team works together with teams in other practice areas, to ensure that the commercial transactions we advise on, are structured in a tax efficient manner and that clients are fully aware of the tax consequences of their transactions

Glyn Marais has acted as tax adviser to numerous financial institutions and large corporates, both on domestic and multi-jurisdictional structures and structures.

Areas of Expertise

  • Negotiatrting the resolution of tax disputes
  • Providing detailed advice and interpretation of the ITA, in relation to the income, donation and capital gains, tax consequences oftransactions.
  • Dealing with related fiscal legislation, e.g. stamp duties, uncertified securities tax and value added tax, all of which have significant impact on commercial transactions
  • Advising clients on inward investments into South Africa, whether the acquisition of immovable property or the setting up of corporate entities or breaches, and the attendant tax consequences thereof. Such advice encompasses the setting up of structures, which aid the efficient and timely withdrawal or disposal of investments from South Africa, should this be required by the offshore investor.
  • Allied to the above, our tax department deals extensively with quiries raised by the SARS, in respect of transactions entred into by corporate taxpayers and their affairs generally and assists in the resolution of disputes, whether through courts or alternative dispute resolution procedures, or by negotiation or compromise with SARS
Property, Conveyancing
& Construction

With an extensive involvement in property transactions regulatory worth over R10 billion a year in hotel, commercial, residential, office and game reserve developments, our property practice remains one of the largest in the country. We are constantly finding practical and highly effective solutions to complex deals across areas as diverse as Acquisitions and Disposals, Constructions, Development, Property Finance.

Hotels and leisure, eco estates, (game reserves/vineyards), Development and Leasing, Major property projects (industrial, retail and large residential property developments), Planning/Zoning, and Property Litigation.

Areas of Expertise

  • Acquisitions and disposals
  • Construction
  • Development
  • Property Finance
  • Hotels and leisure, Eco estates (game reserves/vineyards)
  • Development and Leasing
  • Major property projects (industrial, retail and large residential property developments)
  • Planning/zoning
  • Property Litigation
Regulatory & Competition

We help local and international clients negotiate the midfield of the modern corporate finance environment by using our wealth of knowledge in a wide scope of business sectors, including property, insurance, mining, and medical schemes among others. Our hands-on way of working allows our clients to pursue their business ambitions without infringing on the many and varied competition laws and regulatory imperatives. In addition to this we can give detailed advice on dominant positions, prohibited practices and conduct compliance due diligences.

Areas of Expertise

  • Advising on the notifiability of merger transactions
  • Statutory merger notifications to the competition authorities
  • Competition law compliance training and education programs
  • General competition la service
Finance & Banking

The world of finance is fluid, constantly moving and changing and, because Glyn Marais is a truly global practice, our ability to react with the right resources across continents, adapting to local financial intricacies makes us a major player in the finance and banking community. By understanding that every challenge is unique, avoiding the “one size fits all” cliché, we constantly devise individual innovative solutions to complex problems.

We are recognized for our understanding of Acquisition and leveraged finance as well as Project Finance, Debt Capital Markets, General Finance, Derivatives and Structured Finance and we’re continually called upon by to act for issuers on a wide variety of novel transactions in local debt capital markets

Areas of Expertise

  • Acquisition/Leveraged Finance
  • Project Finance
  • Debt Capital Markets
  • General Finance
  • Derivatives
  • Structured Finance
Dispute Resolution
/Insolvency & Liquidation

There are few more sensitive areas we work in than this and we tend to adopt a pragmatic, considered approach by offering practical, strategic and results driven solutions uniquely tempered by the client's specific commercial objectives and requrements. Whether representing creditors, liquidators or corporate clients our in-depth knowledge and expertise encompasses arbitration, mediation and high court litigation pertaining to commercial, tax, financial services, environmental, telecommunication and labour.

Our litigation team is well qualified to conduct Arbitration proceeding and both trial and motion proceedings in the High Court in all areas including Commercial Litigation, Competition Litigation, Securities and Shareholder Litigation, Real Estate and Property law Litigation as well as Insolvency and Restructuring, Administrative Law and Constitutional Litigation.

Areas of Expertise

  • Arbitration
  • Commercial Litigation
  • Competition Litigation
  • Securities and Shareholder Litigation
  • Real Estate and Property Law Litigation
  • Insolvency and Restructuring
  • Environmental Litigation
  • Constitutional Litigation
  • Administrative Law Litigation
EMPLOYMENT

We advise and represent corporate clients in all employment related matters. We provide legal advice on terms and conditions of employment, disciplinary proceedings, dismissals based on operational requirements (retrenchments), unfair dismissals and unfair Labour practices.

We represent clients in unfair dismissal and Labour practice disputes at the CCMA, Bargaining Councils and the Labour Courts, including urgent interdict proceedings in strike actions.

Areas of Expertise

  • Conditions of Employment
  • Chairing of disciplinary hearings
  • Retrenchments
  • Unfair dismissal and unfair Labour practices
  • Review applications to Labour Courts