Overview We are a dynamic boutique law firm and handle a large variety of legal affairs for individuals, businesses, associations and corporations. We also work in association with other established law firms in assisting our clients with their ever evolving legal demands. The current directors are Bethuel Ngwenya and Maritza Breytenbach. Breytenbach & Ngwenya Incorporated was established with the objective of offering legal services on a more personal level and is committed to provide legal services in an affordable, reliable and expediently manner.
Our Mission: “To provide high quality legal services with integrity, professionalism and respect for our clients and community with a goal to achieve results that exceed expectations through our commitment to our clients adding maximum value to their business and by doing so elicit the utmost trust and respect from our clients and colleagues.”
Our Vision: “To maintain and enhance the prestige, status and dignity of the profession by providing high quality legal services in a reliable and professional manner.”
Tel: (012) 366 8629 | Fax: 086 664 8286 | Email: info@mblegal.co.za | Hillcrest Office Park, Woodpecker Place 177 Dyer Street, c/o Lynnwood Road, Pretoria, 1200 | Po Box: 29163 Sunnyside 0132 www.mbelgal.co.za
Core Services
Civil Litigation Debt Collection Commercial Law Company Secretarial Conveyancing Deceased Estate Immigration Law Insolvency & Liquidations
Commercial Law
The ever revolving legislative and government policies necessitate directors and small business owners to rely on sound legal assistance of corporate legal professionals. In conjunction with commercial law is the provision of adequate company secretarial administrative services and compliance with good corporate governance principles (see company secretarial and administrative services). Our commercial services include:
Assisting with the sale of business/ membership interests agreements; Conducting of legal due diligence; Restructuring of organizations; Provision of legal opinions especially on compliance with the Companies Act; Draft of shareholders agreement; and Other commercial and/or individual agreements.
Company Secretarial Administrative Services
Important Notice: The amendment of the Memorandum of Association of your company: The New Companies Act (“the New Act”) states that a company shall have a Memorandum of Incorporation (“MOI”). The New Act does not provide for a standard Table A or Table B as did the previous act. This means that each Company must have a tailor made MOI which will, under the New Act, be a pertinent and extremely significant document for each company. The reason for this is that the New Act states that in case of any inconsistency with the MOI and ANY AGREEMENT the provisions of the MOI shall prevail. Until the company lodged and registered its MOI with the Registrar of Companies the Memorandum of Association shall be the prevailing document. This dramatic change in the new Act can leave minority shareholders, shareholders in general and other stakeholders in an unfavourable position as in most cases they rely on shareholders and other agreements to protect their interest. We offer expert services on the amendment and registration of your company’s memorandum of association. We urge all our clients to act pro-active and amend their memorandum of association before the New Act comes into force and by doing so avoid the frustration of the bottle neck of applications when the New Act comes into force. Kindly contact our office for more information. The Company Secretary plays a vital role in any private or public entity. The New Companies Act increases the role and responsibility of company secretaries who are thought of as the gate keepers of good corporate governance. They are, amongst others, responsible to play an advisory role to the board of directors, to ensure that all statutory documents are kept in accordance with company rules and regulations and to ensure that the company is compliant with the application of the principles of the King III Report on good corporate governance. Our company secretarial services include: Legal assistance and support to current company secretary;
Conveyancing
Every time a property is bought or sold in South Africa, conveyance attorneys will be involved. In short, conveyancing is the legal procedure whereby ownership of a particular property is changed from that of the existing owner to the new buyer. It is the sellers right to appoint a conveyance attorney. We attend to domestic as well as to commercial property transfer transactions. We also assist with the bond cancellation and registration.
Civil Litigation & Debt Collection
We provide general civil litigation services. Debt collection: The collection function within an organisation/ entity can make the difference between a good performance for the organisation/ entity and an excellent performance exceeding expectations successfully. Often when the organisation/ entity endeavour to collect outstanding debt themselves it results in an unrewarding exercise with the particular employee having to listen to countless excuses and empty promises. The organisation/ entity run the risk that eventually overdue payments cannot be collected and inevitably resulting in losses and bad debt with other evident negative results. By making use of the services of a diligent debt collector to make the collection process strategically effective, operationally efficient and still customer orientated an organisation/ entity can expect the debt collection function to add significant value to the organisation/ entity. Most of the time a mere letter of demand from an attorney has the desired outcome which result in excellent results for the organisation/ entity at minimum costs. What is the debt collection process? The debt collection process can be defined as a legitimate and necessary business activity where creditors and collector are able to take reasonable steps to secure payment from consumers who are legally bound to pay or to repay money they owe be it as a result of goods sold and delivered, outstanding rent, arrear levies or any other liquidated or non liquidated claim. The process, where applicable, must be in line with the National Credit Act. The debt collection process: Contact the debtor and establish reasons for non-payment; Obtaining a commitment from the debtor to rectify the situation as soon as possible and to verify the consumer’s details such as address and contact details; If debtor’s whereabouts are unknown a tracer is appointed on a “no trace no fee basis”; First Letter of Demand if promise to pay is dishonoured;
Conducting of statutory audits; Statutory administrative services (lodgement of CM1-CM47 forms with Cipro); Lodgement of Annual Returns; Formation of companies or other legal entities; Provision of shelf companies; Attendance to company and legal registers; and Governance compliance assessments.
Estate Planning
Estate planning is the process of anticipating and arranging for the disposal of an estate. Estate planning typically attempts to eliminate uncertainties over the administration of a probate and maximize the value of the estate by reducing taxes and other expenses. Guardians are often designated for minor children and incapacitated beneficiaries. Estate planning generally involves the formation of a trust. There are two types of trust, (a) an inter vivos trust which is created between living persons and (b) a testamentary trust which is derived from a valid will of a deceased person. By using the formation of a trust in conjunction with estate planning some benefits including the protection of one’s assets from creditors in the event of insolvency, disability or divorce are obtained. The creation of a trust can also have some tax benefits. Of importance is the proper administration of the trust as many court cases clearly dictated that if a person administers a trust as if it is his alter ego the trust is null and void and the trust assets are open for attachment by the creditors of the founder. Many clients need assistance with the administering of their trusts. Have you done proper estate planning or are your loved ones going to be left with the burden of paying all your estate administration and other costs?
Consultation to discuss estate planning with the client (free); Drafting of a Will (only R 350.00); Drafting of a Living Will (only R 150.00); Winding up of a deceased estate; Estate & Trust litigation; Formation and registration of a trust; Administering of the trust; and Amendment or alternations to the trust deed, trustees and/or beneficiaries.
Immigration Law
The Department of Home Affairs will provide temporary residence permits to those foreign nationals who comply with the requirements of the Immigration Act. Between 1990 and 2004, a total of 110,000 legal foreign nationals entered South Africa and this number has increased ever since. Public service delivery in South Africa falls short of the standards set in developed countries and the high number of foreign nationals entering South Africa leads to painfully extensive queues at regional offices, provision by Departments of incomplete or incorrect information on application requirements and foreign nationals waiting for ridiculously extensive periods of time on the outcome of their applications. We assist foreign nationals in assessing whether or not they qualify for a particular permit and if they do we assist further in obtaining all the supporting documentation required for the application. Our immigration services include:  Assistance with Corporate permit; A corporate permit may be issued to a corporate applicant (a Company) to employ foreigners who may conduct work for such corporate applicant. A Corporate Permit is usually issued to companies for specific projects where foreign skills are required or to address the skills shortage in a particular sector in our economy.  Assistance with Business permit; A business permit may be issued to a foreigner intending to establish or invest in, or who has established or invested in a business in the Republic in which he or she may be employed, and an appropriate permit for the duration of the business permit to the members of such foreigner’s immediate family. Such a foreigner must provide proof of his/ her investment.
Insolvency and Liquidations
The economic down turn following the financial crisis of 2007 has seen an increase in insolvency and liquidation applications in South Africa. The anticipated new companies act also provide for Business Rescue, which is currently a controversial topic but which is the intention of the Legislature to assist entities in financial distress. Kindly contact us for more information on our services.
Our Fee Structure Our fees are, in general, based on the amount of time spent on a matter. When we assess our tariff for professional services, the following are taken into account: • The amount and importance of the work done; • The complexity of the matter or the difficulty or novelty of the work or the questions raised; • The skill, labour, specialised knowledge and responsibility involved on the part of the attorney; • The number and importance of the documents prepared or perused, without necessarily having regard to the length; • The place where and circumstance (e.g. Urgency) in which the services or any part thereof were rendered; • Where money or property is involved, its amount or value; and • The importance of the matter to you as the client.
Contact Us
Tel: (012) 366 8629 Fax: 086 664 8286 Email: info@mblegal.co.za Website: www.mblegal.co.za
Hillcrest Office Park, Woodpecker Place
PO Box: 29163
177 Dyer Street, c/o Lynnwood Road,
Sunnyside
Pretoria, 1200
0132