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Barnard is a leading commercial-minded law firm based in South Africa.

We provide a comprehensive range of legal services, including corporate and commercial law, property law, commercial litigation, mediation, insurance, wealth protection and family law.

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Conveyancing & Property

BARNARD NEWS & INSIGHTS

Who Should Appoint the Conveyancer in a Property Sale?

It’s widely accepted in South Africa that the Seller has the right to nominate the Conveyancing Attorney in a property transaction. It’s a longstanding norm

By Conri Botha 4 Min Read

PBO? NPO? I don’t know!

Public Benefit Activities vs Non-Profit Organisations: A South African Guide to Tax-Exempt Status Public Benefit Organisations (PBOs) and Non-Profit Organisations (NPOs) are often used interchangeably

Mango’s Plan: An Investor, a Creditor, and a Cession

The ongoing business rescue proceedings of Mango Airlines (Pty) Ltd (“Mango”) have raised key legal considerations surrounding the cession of creditor claims during corporate restructurings.

Locking in Certainty: Why Sophisticated Creditors Prefer Guarantees over Suretyships

Credit heads and in-house counsel often default to “surety/guarantee” language in facility letters, assuming the two offer equal comfort. They do not. In high-value corporate

By Anneke Lötter 4 Min Read

Debt Collection for South Africa’s Booming Car Subscription Sector

Why a Simple “Demand” Letter Still Matters Car subscription and lease-to-own platforms have exploded in popularity from Johannesburg to Cape Town. They offer flexible access

Lost Title Deed? Here’s What You Need To Know

When a property’s original title deed is lost, stolen, or destroyed, it cannot be transferred or bonded until a replacement deed is issued by the

By Conri Botha 3 Min Read

Laced-Up Logic: Supreme Court Ruling Draws a Clear Line Between Trade Mark Infringement and Counterfeiting

When can genuine, brand name goods still be labelled “counterfeit”? The Supreme Court of Appeal (SCA) has just answered that question in Yossi Barel v

By Aletia Oberholster 5 Min Read

B-BBEE Ownership: Why the Right Share Options Count

In the context of Broad-Based Black Economic Empowerment (B-BBEE), ownership is one of the key elements of measurement. While equity transfer is the most straightforward

By Xander Schoeman 9 Min Read

Passing-Off in South Africa: Protecting Trade Reputation in Competitive Markets

Businesses strive to stand out and build consumer trust. However, when one party attempts to trade on the reputation of another, passing-off provides a powerful

By Viteshen Naidoo 6 Min Read

Securing Intellectual Property Ownership in Outsourced Product Development

Innovation often relies on collaborations between operational companies and outsourced development specialists. Companies are increasingly turning to external software and hardware developers to build proprietary

By Viteshen Naidoo 6 Min Read

Putting the “Claws” into a Restraint of Trade

Restraint of Trade Clause In an increasingly competitive business landscape, one of the most common legal tools to protect a

By Douw Breed Jacobie Kotzé 6 Min Read

Seal the Deal: Five Legal Safety Nets that Keep South African Sellers Paid

Selling a company, shareholding, or prized piece of equipment can feel like handing over the keys to your car while

By Anita Marais 9 Min Read

In-Depth: Principled Negotiations After your IP Portfolio has been Valued.

IP Valuation is a specialised field, as was explained in our previous article. In summary, our IP Valuation hypothesis is

By Gerard Verhoef 6 Min Read