Due Diligence and Legal Audits

A legal due diligence will usually be the first step taken by a business owner who, either wishes to sell their business, or who wants to ensure that all procedures and general business management of the company is in line with legislation.

A legal due diligence is the process of collecting, understanding, and assessing all the legal risks associated with the target company. During the due diligence process, our team will review all the documentation pertaining to the company to enable us to understand the business and advise on any risks or non-compliance issues.

Our compliance lawyers act for clients in a variety of sectors – including engineering, retail, telecommunications, banking and insurance.

In the sale of a business, or corporate merger, the main purpose of the legal due diligence would be to assess the potential risks of the transaction by investigating the liabilities,  obligations and legal health of the target company. The due diligence is aimed at providing objective and reliable information to the buyer / or negotiating parties to enable them to make an informed corporate decision.

This is an excellent way for business owners or potential buyers to ensure that they are aware of the risks that the target company may face and to work towards keeping those risks to a minimum. The buyer will want to know what to expect while entering into such a contract.

Our legal experts have extensive knowledge in corporate structuring and sales, and experience in assisting on legal due diligence investigations. We will provide you with a comprehensive report on advise on any risks or potential risks that the target company may face.

Audit & Compliance Considerations

Our lawyers regularly advise some of South Africa’s most recognisable entities. We have deep knowledge of corporate rules and regulations and have worked extensively on public listings and Initial Public Offerings (IPOs).

Our expertise and services include:

  • Mergers & Acquisitions
  • Financial reporting
  • Continuous disclosure
  • Securities and investments
  • JSE listings
  • IPO strategy and management
  • Shareholder rights and remedies

We know that the approach for best-practice corporate governance varies from entity to entity, and governance needs change as a business evolves. Our advice considers existing and emerging legislation, the purpose of the entity, the composition of the governing body and the stakeholder landscape. We help with establishing a governance model that promotes improved performance and desired outcomes, while meeting regulatory requirements.

Our expertise includes:

  • Board member duties and responsibilities
  • Protocols and governance policies
  • Implementation of board reviews
  • Insurance
  • Statutory reporting obligations
  • Probity reviews and implementation

We routinely provide close support to companies in relation to South African competition and consumer laws.

Our expertise and services include:

  • Entry into new markets
  • Mergers and Acquisitions
  • Regulated transactions
  • Market power and cartel conduct
  • Exclusive dealing and third line forcing
  • Resale price maintenance
  • Retail and product liability

The storage and transmission of personal information and data is tightly regulated in South Africa and overseas. We advise organisations seeking to meet their POPIA obligations and mitigate reputational risk.

Our expertise and services include:

  • Strategies and systems
  • Privacy disclosures for employees, customers and investors
  • Preparation of privacy notices
  • Breaches and complaints
  • Disclosure between related entities
  • Emerging and established businesses
  • South African and international law

We specialise in helping companies cost-effectively identify and mitigate compliance risk. Our lawyers have experience in sectors ranging from retail, health and financial services, to sport, recreation and workplace relations.

Through our Risk Assessment Tool we work with our clients to co-design digital systems that streamline and automate compliance activities.

Our expertise and services include:

  • Compliance audits
  • Compliance strategies
  • Process and system design
  • Technological solutions

Barnard Inc. is committed to providing corporate legal services for intelligent and sustainable economic growth and development.

Growth & Governance
Barnard Inc.
PRACTICE MANAGERKoos Benadie | Director

Due Diligence Services

  • Incorporation documents (i.e. Memorandum of Incorporation)
  • Structure Evaluation
  • Regulatory and Compliance Investigations
  • Contract Evaluation and Reporting
  • Litigation Advice
  • Directors and Employees Consultations
  • Funding arrangements, liabilities, and charges
  • Insurance Advice
  • Taxation Advice

Contact Us Now

The Due Diligence Team