Brazington Shepperson & McConnell (Pretoria)

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Brazington Shepperson & McConnell embraces the vision of providing its clients with a vastly superior service in the Firm’s chosen fields of Practice.

Client Service
Brazington Shepperson & McConnell excels in the cost-effective allocation of personnel and in the use of technology. To enhance our responsiveness to clients, Brazington Shepperson & McConnell has fully automated its offices, allowing expedient information retrieval, accurate and effective document production, state-of-the-art litigation support, and efficient communication.

Results-Oriented Practice
Brazington Shepperson & McConnell stresses – and its clients rightfully expect – good results. To that end, Brazington Shepperson & McConnell employs innovative, pragmatic strategies and hard work.

Brazington Shepperson & McConnell bases its commitment to client service on developing an intimate knowledge of each client’s needs and objectives. The Firm seeks long-term, partnering relationships with clients, to the end of providing the best total solution to the client’s multidisciplined and industry-specific legal service needs.

The Firm’s goal is to be an instrumental part of each client’s success!

Recommended by Private Property

A Proud Member of SAPOA
 
A Member of Global Legal Professionals

 
GhostDigest News
Companies in liquidation
RCR 37/2010 simply seems to ignore the phrase “… or under the supervision of the Court” when a company is in liquidation, causing great frustration writes Dudley Lee.

Connected clarity
Nadia de Kock gives more clarity regarding who “connected persons” are when it comes to Close Corporations.

Deceased developer
Dudley Lee considers the answer of Resolution 83/2010 to: “May an executor, administering the estate of a deceased ‘developer’ apply for the opening of a sectional title register?”

Property 24/10 – 46
This week’s round up of the best Property24 stories of the week includes: Think like a buyer when pricing a home, cooling off period, slow sales and permissible rental increases.

Web Bytes 320
This week: FNB and ABSA property reviews, home owners urged to avoid tax penalty, and a two day workshop in the drafting of wills.

Links (A – H)
A rapidly growing page of hyperlinks to attorneys firms’ websites – for free.
 

litigation services


Brazington Shepperson & McConnell tries cases.
We believe that the best litigation results (whether achieved in Court or across the bargaining table) are achieved when the lawyers and client form a Litigating Team that assumes that it will go to trial. By commencing with the assumption that every case will be tried, we do not get caught unprepared when a matter does proceed to trial.

We recognize that most cases do (and should) settle before they go to trial. However, BRAZINGTON SHEPPERSON & MCCONNELL and our clients send a clear message at the outset of a case that settlement decisions will be guided by sound business considerations, not by intimidation, expectation or the fear of trial.

This approach is possible because the Firm has well-trained, seasoned trial attorneys who are as prepared for the courtroom as they are for complex settlement negotiations or discussions of litigation strategy. We have a similar expectation of the Advocates that we engage on our client’s behalf.

Our trial-oriented philosophy does not come at the expense of litigation efficiency. The Firm concentrates at all times on a strategy of focusing upon client satisfaction and results. The Firm accordingly invites active client participation in all phases of litigation, including budgeting, strategic planning, discovery, and trial and, where appropriate, alternative dispute resolution proceedings.

In conclusion, by establishing a close partnership with our clients and by stressing pre-trial strategies that are pragmatic and that point toward trial, we ensure that quality and efficiency are complementary, not contradictory, goals.

Fee Structure
The fees charged by our litigation attorneys are dependant upon numerous factors but will always be negotiated prior to us taking on new matters. This ensures that there are no surprises when our Client’s receive our bills.

There are numerous options available so please feel free to contact our litigation attorneys to discuss potential fee arrangements.

corporate and commercial services


Brazington Shepperson & McConnell’s corporate law practice covers the full spectrum of corporate transactions important to South African business.

Brazington Shepperson & McConnell has a Corporate Governance and Counselling practice in which we advise companies and other entities, and their directors and officers, regarding the entire spectrum of corporate governance issues.

We routinely advise companies on day-to-day internal governance issues, shareholder relations and compliance with the full range of laws, rules and regulations governing corporate governance, including the Companies Act, Close Corporations Act & Trust Property Control Act.

Our practice includes advising Boards, Board Committees and Executive Officers regarding:

Governance and compliance issues. The preparation of all documents required in terms of Companies, Close Corporations & Trust Property Control Acts. We will ensure that the relevant entity complies with the myriad of legislation, rules and regulations applicable to the trading entities in South Africa. These include, Access to Information Act, Fica, National Credit Act
Drafting and registering various forms of Trusts, drafting and registering various forms of Companies (and Close Corporations) and converting Close Corporations to Companies and vice versa, drafting Sale of Business Agreements, Sale of Business Asset Agreements, Partnership Agreements, Shareholders Agreements, Association Agreements, transfers of and alterations to share capital.
Brazington Shepperson & McConnell also assist clients with the perusal of contracts and client-based advice thereon. We also assist clients with the drafting of all Commercial Contracts like Sale Agreements, Lease Agreements, Building Contracts, Acknowledgements of Debt, Suretyships, Pledges, etc.

We are continuously monitoring developments in the evolving corporate governance area and are therefore au fait with regulatory, legislative and judicial developments in this area.

Fee Structure
The most common arrangement with our Corporate Clients is to operate on a Retainer Fee Agreement. The amount of the retainer is dependant upon the nature, volume and complexity of the client’s commercial work.

This retainer routinely covers Governance and Compliance issues, as well as all perusal, advice and drawing of Commercial Contracts.

When we attend to the drawing and registration of Company, Close Corporation and Trust documents, standard tariffs apply (unless governed by a Retainer Agreement) and are not time-based but results-based.

Please don’t hesitate to contact us for a quotation relating to your individual and client-specific requirements.

registration process & timetable


Please do not hesitate to contact us for expected timetables relating to the registration of Trusts and Trust amendments.

The registration of documents at the Companies and Intellectual Property Registration Office (known as CIPRO) varies constantly. CIPRO does publish a table on its website www.cipro.co.za but in our experience CIPRO is always extremely optimistic in its predictions.

property law


We find that our Clients are frequently unaware of the complex interactions between the various role-players involved in the registration of a property transfer. We therefore aim to keep our clients fully informed and to guide them seamlessly through the entire process.

Transfer of Property
The majority of the instructions received by this department relate to the transfer of immovable property. Upon receipt of an instruction we attend to all conveyancing functions to enable registration.

Bond Registration
We also attend to Bond registrations and we aim to have the best turnaround times and thereby to achieve excellence on any bank’s panel to which we are appointed.

Bond Origination
Simply, by using the information you have already provided us with, we can quickly solicit competitive proposals from all 4 major banks. We use an electronic facility available only to member Property Attorneys. Not only is there far less hassle but there is also absolutely no additional cost for you.

Bridging Finance
In addition to our mortgage origination we also provide Bridging Finance in respect of the costs of the Transfer and Bond.

Property Buyers are frequently unaware of the costs involved in a property purchase. They are suddenly presented with an account that they are expected to immediately pay. We assist buyers in obtaining short-term financing (called Bridging Finance) for this often unexpected expense. Click here for a rough guide to the costs that a Purchaser will have to pay.

Whilst attending to a transfer, the Seller sometimes requires early access to the proceeds of the sale for a deposit on another property. In such cases we will also assist the Seller by providing the necessary Bridging Finance.

In short, we can therefore assist all parties to a property transfer (Buyers, Sellers & Agents) with access to funds. Importantly, there is no need for the applicant to fill in any additional documents or attend at other offices to sign any additional applications. In fact, our Bridging Finance consultants are more than willing to come to you at your home or office. This further promotes our ideal of ensuring that we provide the client with a one-stop service eliminating unnecessary delays and the frustration of providing the same information to numerous different service providers.

Property Developers
Our Property Law Department attends to the registration of Property Developments of varying size and complexity. Our service extends to all aspects and stages of such developments, including the opening and registration of Sectional Title Registers, the registration and proclamation of Townships, as well as the registration of Subdivisions and Consolidations.

We assist Developers and Purchasers in the transfer process, from the initial acquiring of the development land, through any subdivisions, consolidations and registrations that may be required and finally attend to the transfers and bonds of the individual units or erven.

We also liaise closely with Project Managers, Architects, Builders, Town Planners, Surveyors, Local Councils, the Surveyor General’s Office, Mortgage Originators and/or Bankers, and SARS to ensure that the entire process is managed as effectively and expeditiously as possible.

family law


We attend to the registration of Antenuptial Contracts within the broader service of advising our clients with regard to Estate Planning, Asset Protection, the use of Inter Vivos Trusts and drawing personalised and effective Wills.

We also assist our client’s with Divorces and all issues arising out of their Divorce proceedings. This falls within the ambit of our litigation services.

insurance law


Our Insurance Department handles significant matters on behalf of the Insurance Industry. The Department has recognised leading expertise in the fields in which it practises and continues to expand across all insurance practice areas. We are the recognised leader in the field of Insurance Law.

We advise corporate insurers on both settlements and trial work. Our lawyers are committed to servicing the needs of the insurance market.

Our reputation is based upon delivering an innovative, partner-led and cost-effective service to all our clients and we are frequently instructed on the most difficult and sensitive aspects of our clients’ business.

We place great importance on developing good relationships with our clients to deliver effective, commercial advice. The fact that all of our Insurance Law Department is recognised by clients and other law firms as a leader in this field is a reflection of this.

transfer and bond fees


TRANSFER COSTS comprise the Conveyancing Fee according to the guidelines plus VAT, Deeds Office Levy, Transfer Duty, and provision should also be made for petty disbursements
BOND COSTS comprise the Conveyancing Fee according to the guidelines plus VAT, Stamp Duty and Deeds Office Levy, provision should also be made for petty disbursements.
Please do not hesitate to contact us for a detailed estimate.
Transfer Registration Process & Timetable
Not every transfer is the same and so the process set out below should only be used as a guideline and not a rigid and undisputable fact. We have included a timetable of how long the process is expected to take but must again emphasize that the entire process is subject to fluctuations and unavoidable delays may sometimes occur due to the fact that we are dealing with state and municipal institutions.

DURATION PURCHASER SELLER ATTORNEY BANK
2 – 5 WORK DAYS Pays deposit. Complete bond application form, either at bank or bond originator. Informs attorney to expect transfer instructions (usually through estate agent). Awaits instructions, does Deeds Office search. Processes bond application.
4 – 10 WORK DAYS Receives copy of agreement from agent gives attorney copies of ID’s, marriage certificate, Antenuptial Contract etc. Receives copy of agreement, gives attorney copies of IDs marriage certificate, Antenuptial Contract. Arrange for access to house for Bank inspector Receives copy of agreement from agent with copies of IDs etc, Acknowledges receipt to agent, requests deed and discharge figures from existing bondholder, applies for rates assessment from Municipality Instructs Bank’s inspectors to value property
10 – 20 WORK DAYS Required to sign transfer documents and pay transfer costs and arrange Bridging Finance (if required). Required to sign transfer documents and pay for the rates clearance certificate. Receives deed, draws transfer documents and gets signed, sends draft deed to bond attorneys, gets costs paid. Instructs bond attorneys to register a bond in favour of the Bank
5 – 20 WORK DAYS Required to sign bond acceptance, bond documents and pay bond registration costs and arrange Bridging Finance (if required). Notified of bond approval Transfer attorneys apply for rates certificate and transfer duty receipt. Bond attorneys receive instructions to register the bond, draft bond documents, get same signed by the purchaser and costs paid, issue guarantees. Receives written acceptance of bond, signs guarantees prepared by attorney.
2 – 5 WORK DAYS   Arranges access for Electrical inspection Lodges batch of Deeds at Deeds Office and monitors progress through Deeds Office. Issues permission to register bond
Possibly takes occupation in terms of agreement and pays occupational rent to attorney. Possibly receives occupational rent as per agreement from attorney.    

7 – 10 WORK DAYS     Transfer Attorney registers transfer, informs all parties of registration. Bond Attorney Receives confirmation of registration, pays out on guarantees Receives confirmation of registration, pays out on guarantees

2 – 3 WORK DAYS Receives confirmation of registration and a final account from attorney. Receives confirmation of registration and final account from attorney. Settles Seller’s existing bond, provides Purchaser and Seller with final accounts and proceeds (where applicable), pays commission to agent, settles all other accounts on behalf of parties.

Advises Purchaser of how and when instalments are payable.

A TOTAL OF 32 – 73 WORK DAYS
AVERAGE REGISTRATION TIME PERIOD

Common Causes of Delays
Incorrectly completed agreements – Ensure full details are given and/or disclosed to the agent.
Marital status not advised – Provide the agent with copies of ID documents, ANC, copies of marriage certificates and divorce order.
Insufficient funds to cover transfer and bond costs – We will gladly assist with Mortgage Origination and/or Bridging Finance in the event of Cash Flow problems.
Delays in payment of costs – Costs are usually payable on demand. Prompt payment of these can ensure speedy registration of your transaction.
Bond application – Apply for the bond immediately upon having signed the sales documentation or contact us to assist you with Bond Origination.
Contract not complied with – Be aware of your obligations in terms of the contract and comply with them, such as occupation dates, electrical certificates, issuing of guarantees timeously etc.

tab:the partners]


The Partners are:

Bradley Warwick Brazington B.Com(Law)(Unisa); B.Proc.(UP)
bradley@bsmlaw.co.za
 
Gareth William Shepperson B. Proc.(Unisa); Cert. in Adv. Taxation(Unisa);
SAPOA Property Development Program (UCT Graduate School of Business)
Vice-Chairman of the Gauteng Council of SAPOA
gareth@bsmlaw.co.za | View Gareth’s LinkedIn profile
 
Andrew John McConnell B.Com(Law)(UP); LLB(UP)
andrew@bsmlaw.co.za
 

Areas of Practice
Brazington Shepperson & McConnell is focused upon the following areas of legal practice:

Property Law
Corporate & Commercial Law
Commercial Litigation
Family Law
Insurance Law

contact us

Physical Address

2nd Floor, Hatfield Plaza, North Tower
424 Hilda Street
Hatfield
Pretoria
Gauteng
Republic of South Africa

Contact Numbers

Tel No :- +27 12 430-4303

Fax No :- +27 12 430-7829

eMail :- gareth@bsmlaw.co.za

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