Menu
09:18 AM SAT
Office
info@ammslaw.co.za
+27 12 369 0000
Business Structure & Shareholder Agreements

Choosing the right structure—whether a sole proprietorship, partnership, or limited liability company—impacts both personal liability exposure and tax treatment.

  • Corporate Veil (Separation of Assets): Incorporating creates a separate legal persona. This shields personal assets from business debts and legal liabilities, provided corporate finances are strictly separated from personal funds.
  • Shareholder Agreements: These govern how internal deadlocks are resolved, how shares can be sold or transferred, and what happens if a co-founder leaves the business.
  • Practical Advice: Draft a comprehensive Shareholder/Founders’ Agreement before launching major initiatives or taking on investments. Agreeing on buy-out clauses, drag-along rights, and exit strategies early on prevents costly deadlock disputes when the business faces restructuring or a buyout offer.