Leading the Commercial Law Conversation

May 2025

  |  
Mc Naught & Company Inc

From Corporate, to Contracts, to Compliance — We’re With You Every Step of the Way

In today’s fast-evolving business landscape, legal clarity isn’t just a safety net — it’s a growth strategy. At Mc Naught & Co, we believe that doing law differently starts with doing it right, from the foundation of your company’s structure to the way you manage employment relationships and compliance obligations.

As a firm trusted by hundreds of businesses and entrepreneurs, we know that sound legal infrastructure doesn’t just protect your business — it empowers it. That’s why our legal services are designed to be accessible, strategic, and always aligned with your principles and vision.

Corporate Law: Start Strong, Stay Secure

From private companies to Section 21 organisations, our commercial attorneys support business owners through the critical early stages of registration and structuring. But our work doesn’t stop at incorporation.

We advise on:

  • Shareholder structures and governance
  • Regulatory compliance with CIPC and SARS
  • Drafting of company constitutions and memoranda
  • Ongoing corporate advisory for board and stakeholder issues
Contracts: Your Business Backbone

Contracts are the framework that protects your interests, defines responsibilities, and prevents conflict.
Poorly drafted agreements can cost far more than legal fees — they can derail entire businesses.

We assist with:

  • Shareholder Agreements
  • Partnership Agreements
  • Employment Contracts
  • Lease Agreements
  • Memoranda of Understanding (MOUs)

Our approach to drafting is always bespoke. We take the time to understand your business, ensuring every clause reflects your reality — not a generic template.

What Employers Need to Know About South African Labour Law

Workers’ Day offered us a chance to reflect on the legal rights and protections that form the backbone of our workforce. A crucial aspect of Commercial Law, Labour Laws are there to support your people and can help empower employees in their jobs. South Africa's labour laws are primarily governed by the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA), and the Employment Equity Act (EEA).

These laws regulate various aspects of employment, including working hours, overtime, wages, leave, and termination of employment. They also aim to promote fair labour practices, protect employees from discrimination, and facilitate collective bargaining.

  • BCEA: This Act sets minimum standards for conditions of employment, including working hours, leave, and termination of employment. 
  • LRA: The LRA regulates the relationship between employers and employees, including collective bargaining, strikes, and unfair labor practices. 
  • EEA: The EEA promotes equal opportunities and fair treatment in the workplace by eliminating unfair discrimination and promoting affirmative action for designated groups. 
Compliance: More Than Just a Checklist

We all know that the labour law is there to protect the rights of workers. But South African law also protects businesses and business owners in several ways, including:

  • Protection of Businesses Act
  • The South African Companies Act
  • The Protection of Personal Information Act (POPIA)

There are many aspects of commercial law that can have serious legal implications for your business if not handled correctly, including tax codes, Broad-Based Black Economic Empowerment (B-BBEE), the protection of intellectual property rights, the protection of personal information (POPI), labour law and contracts. But compliance isn’t just about avoiding fines — it’s about building a sustainable, respected business.

With the experience of Mc Naught & Co behind you, you can navigate the minefield of doing business in South Africa and abroad with confidence and clarity. We advise on all aspects of commercial and statutory compliance, including:

  • Company secretarial obligations
  • POPIA and data protection compliance
  • Labour law requirements
  • B-BBEE structuring and reporting
  • Industry-specific licensing and regulations

At Mc Naught & Co, we’re proud to lead the commercial law conversation in South Africa — from corporate to contracts to compliance — with a passion, purpose, and professionalism that is  sustained by human connection.

Get in touch if you’re looking for a legal partner for your business. We can help you navigate and mitigate labour disputes. Let’s work together.

Your journey is unique, and we’re here to help you navigate it confidently.

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 Mc Naught & Co. All rights reserved. •  PAIA Manual  •  Designed by Outlook Orange and developed by Creation Labs
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