EXPERIENCE

Our partners have been involved in the following representative transactions:

Advising an asset manager acting as agent for funds under management on the debt financing of the development, construction, operation and maintenance of 5 (five) solar and biomass projects pursuant to the first round of the Small REIPPP Programme

Advising an asset manager acting as agent for funds under management on their investment as shareholder of a 5MWp solar project awarded preferred bidder status under the Namibian REFIT Programme

Advising a minority shareholder in respect of the development, financing, construction and operation of a biogas project (circa R 350 Million),

Acting as in-house lawyer for an EPC Contractor on the engineering, procurement and construction contract, operations and maintenance contract and other ancillary agreements for the 86MWp Prieska Solar Project whch achieved financial close under the third round of the REIPPP Programme

Advising the Louis Group on the tax implications of certain of their financial products offered by it to investors in relation to their property syndications, focusing on the income tax effect of put and call options, the applicability of Section 24 J of the Income Tax Act to their proposed structure and utilizing the provisions of Section 9C of the Income Tax to minimize tax for investors.

Advising the South African subsidiary of the international footwear brand on New Balance on its multi-million rand customs and excise dispute with SARS, including drafting the initial opinion which was confirmed by senior counsel.

Advising on the tax and legal implications of the disposal of a manufacturing concern to a subsidiary of a JSE listed company.

Advising a client on a proposed demerger and the various tax and legal implications thereof.

Advising the JSE listed Austro Group on their internal re-organization utilizing the corporate-roll over relief provisions of the Income Tax Act.

Advising Linpac (SA), a South African subsidiary of Linpac (UK) on a number of transactions including a ZAR 50 million intra-group restructuring.

Advising the property development arm of a local South African mining group on its failed disposal of their flagship mixed used development.

Advising numerous clients on the establishment of unlisted, commercial and residential private property funds, including drafting all documentation relating thereto.

Advising an unlisted private loan stock company on its failed acquisition of a ZAR 200

million property portfolio of Ellerines.

Advising the Bloomberg Group on the structuring of a ZAR 75 million residential fractional ownership scheme and numerous other clients on fractional ownership schemes relating to residential property and yachts.

Advising on the structure of an international property syndication, utilizing a company based in the British Virgin Islands, to acquire properties in Europe, including the applicability of the company laws of the British Virgin Islands and South African income tax, financial, company and consumer protection legislation and drafting all agreements relating thereto, including the memorandum and articles of association of the company based in the British Virgin Islands.

Advising an Australian media company on the establishment of a local subsidiary and structuring of its shareholding using an offshore company to house its IP rights, minimize tax payable on the royalties payable and the application of exchange control regulations to the proposed structure.

Advising the JSE listed Adcock Ingram on their disposal of the majority of their shareholding in their Critical Care subsidiary to Baxter Pharmaceutical in terms of an option agreement concluded prior to their unbundling from Tiger Brands, including preparation of the warranty schedule, advising on the shareholders agreement, applicability of US laws on the subsidiary and other ancillary matters.

Advising the major shareholders of Full Circle Media on its acquisition by the German subsidiary of Aegis Plc in a multi-million rand deal.

Advising a client on a ZAR 100 million property syndication, including the structuring in terms of the company law and legal obligations in terms of consumer and banking legislation.

Advising a client on the redrafting of the trust deed, management and subscription agreements of a multi-billion rand investment fund.

Advising on the formation, structure and registration of a national auction firm, and advising on the multi-million rand investment by an international estate agency.

Advising a client on its potential multi-million rand restructure, using the corporate roll over relief provisions of the Income Tax Act, in order to facilitate the introduction of a BEE partner at group holding level.

Advising the developers of Le Grande Golf Estate on their second phase of their fractional ownership scheme which involved a ZAR 228 million capital raising exercise

Advising on the establishment of collective investment schemes (‘unit trusts’), employee share schemes and investment funds.

Advising Lifeton Property Services (Pty) Limited on all aspects of the launch of its new financial products for commercial and residential property and the establishment of linked commercial and residential property funds in order to raise money from the general public to fund its working capital.