Start Up Services to Grow your Business

Our firm exists to help businesses start up, and then grow their value. We do that by providing high quality, competitively priced, legal solutions for specific entrepreneurial growth challenges. We think of these growth challenges in four categories:

SET UP:
  • Create a company and start doing business as quickly and cost effectively as possible.
  • Get an agreement between the business founders down in writing as soon as possible – this will be your shareholders’ / founders’ “marriage contract”:
    • use our streamlined Founder Agreement Package; or
    • use our more flexible, full service Memorandum of Incorporation and shareholders’ agreement.
  • Employees: make sure you can give your employees a simple, clear contract that protects your intellectual property (IP).
  • Lease of premises: we can review your lease agreement or create one for you.
  • The comprehensive company incorporation package: we also have a full bells and whistles package that will offer the following in one “turn-key” offering:
    • incorporate your company;
    • set up your board of directors;
    • issue your shares;
    • create your founder agreement; and
    • create a template employment agreement for your employees.

GROW:
  • Set up an agreement with your customers: how do you make money?
    • Based on your products or services, we will suggest the correct agreement for you from a wide list: development agreements, license agreements, website user terms and sale terms, distribution agreements, manufacture agreements, services agreements – you name it.
    • See our streamlined Services Agreement Package if a services agreement is what you’re after.
  • Create strategic agreements with potential partner companies, such as:
    • joint venture agreements; and
    • profit share arrangements.
  • Set up offshore.
    • Create the offshore arm of your company – we will deal with the tax arrangements, exchange control approvals, and the agreements required between each of the group companies.
  • Incentivise your employees.
    • We have some of the slickest employee share ownership plans and profit share arrangements on the market. Each of these proceed with a framework document in which we agree on the real goals, functions and real life creation of these arrangements.
    • See our streamlined ESOP Package if you want to incentivise your key employees by way of obtaining a direct shareholding (of ordinary shares) in your company.

FUND:
  • Make an educated choice on whether to fund your business from other people’s money, and how.
    • Arrange a consultation to discuss.
  • Loan funding: borrow money, agree on an interest rate and agree when it will be repayable.
    • Tweak that model to provide for loan facilities, loans secured by sureties or assets, or loans that are convertible into shares.
    • Contact us to help you negotiate the terms of debt funding and/or to produce a loan agreement on your terms at lightning speed.
  • Equity: get funding in return for giving shares in your company. Understand how that will affect your shareholding, your control over your company and when you will get profits back.
    • Let us help you create your term sheet (the summary of the investment terms which are agreed by you and your investor) – we will then project manage the process of document creation, due diligence completion and ultimate funding for your company.

EXIT:
  • Simply put – this is when you extract the value which you have created from your company. It’s an exciting, heady time, and our experience will help you walk this road as smoothly as possible.
  • We will help you:
    • structure the terms of your sale; and
    • project manage the steps from the early negotiations, to due diligence investigation, document creation, execution, and finally to the cash flowing into your bank account.
  • We also address the biggest negotiation point: what value are you really selling, and what risks will you have after the sale is done? In this process we explore the world of due diligence investigations and warranties, which the buyer will request.

One of our primary goals as a firm is to remove all obstacles to engaging with our clients. Our continued commitment to this goal is demonstrated by our offer of an initial consultation free of charge to all new clients. Please contact us to set up your free consultation today.


 

Start Up Team Members

Adrian Dommisse | Director – BA LLB LLM (UCT)

Adrian Dommisse - Director

Adrian established our law firm in 2008 and thrives on meeting and assisting clients in the start up space, understanding their products and helping them to gain value. In one of the lead members of the firm’s Start Up and Transactional teams, Adrian’s goal is to help grow value for his clients throughout the start up lifecycle. He will assist in setting up a business, early stage founder relationships, early stage funding, be it angel or series seed, employee share schemes, and with operational growth (licensing, development, sales and employment agreements). He will further assist with the next stage financing be it series A, venture capital or other private equity, then mature stage growth through high-value revenue earning contracts, partnerships or international expansion and ultimately exit transactions, in which the founders realise their hard earned revenue.

He also advises and sits on the boards of directors of various clients. This is largely because clients know that their interests drive the firm’s energy and understanding clients’ needs and their relationship with the firm is always a priority.

Adrian also has extensive experience in corporate and financial transactions across Africa, Europe, Eastern Europe, and the Middle East. In addition, he has past experience as a commercial litigator at Webber Wentzel, seven years as a financial professional (including as an investment banker in London), and his time as a corporate attorney at ENSafrica.

 His transactional experience includes various venture capital arrangements, private equity transactions, joint venture deals – and the related sale of shares, shareholders’ agreements, partnerships (incorporated and unincorporated) and commercial terms of service. He has extensive experience in operational / sales agreements, having acted for Cisco Systems across Africa.

 Adrian has an economics degree, and LLB as well as a Masters degree in Company Law and International Law from the University of Cape Town, with a semester at the University of Aberdeen, Scotland. He entered the profession in 1998 and was admitted in 2001.

When he’s not at the office, Adrian enjoys quality time with his wife Elaine and three children, and they adventure together in the great outdoors at every opportunity.

Tel.: +27 (0)21 671 1550
Cell: +27 (0)71 6744 316
Email: adrian@dommisseattorneys.co.za

 

SG Laubscher | Director – LLB LLM (UFC)

SG Laubscher

SG joined Dommisse Attorneys in 2014 in our Corporate and Commercial division and is now one of the lead members of the firm’s Start Up and Transactional teams. His core focus is on the legal aspects of corporate finance, mergers and acquisitions and corporate restructuring. He has a very keen interest in private equity and structured finance and thrives on playing a leading role in challenging transactional work.

 His passion and forte is to create value for clients with his relentless devotion to finding innovative corporate solutions, by applying relevant legal knowledge to complex situations.

 SG obtained an LLB and LLM (cum laude) from the University of the Free State and was admitted as an attorney in Bloemfontein in 2010, after which he commenced with his career as a commercial attorney in Pretoria. He aims to never stop learning and to this end recently completed a course on corporate finance at the University of Cape Town, as well as a course on financial markets through Yale University.

 He gained the bulk of his experience as a junior partner at a corporate commercial firm in Pretoria where he drafted a wide variety of commercial agreements, including institutional documents and agreements for multinational organizations in various jurisdictions as well as completing cross-border mergers and acquisitions and corporate restructuring in general.

He has since gained further experience in various security, finance and trade agreements, advising clients on the formation of private equity funds and options in raising capital, South African and UK clients in the renewable energy sector on project finance and other capital raising activity and clients in the UK, USA and other jurisdictions as to their investment transactions into South Africa.

When he’s not at the office SG is likely to be enjoying music, art, literature, a glass of good red wine or time well spent in the great outdoors.

Tel.: +27 (0)21 671 1550
Cell: +27 (0)79 896 4048
Email: SG@dommisseattorneys.co.za

Ya-Fan Wong | Associate – BSocSci LLB (UCT)

Ya-Fan Wong

Ya-Fan served his articles at Dommisse Attorneys and was admitted in 2015. He is currently in our Corporate and Commercial division, and is responsible for the firm’s company secretarial unit, offering a value-added service to clients, beyond just the incorporation of a company, to include maintaining of share and director registers and assisting with annual returns.

Ya-Fan has also joined the newly established Start Up team under the guidance of Adrian Dommisse and will be assisting the team in developing specific legal products for our start up clients’ needs. He graduated with a Bachelor of Social Science from the University of Cape Town in 2004, majoring in law and psychology. Thereafter, he ventured out into the corporate and commercial world, in particular in the retail arena where he gained ample experience in management and administration. Ya-Fan later returned to UCT and completed his LLB in 2013. That same year he also attended and completed training at the UCT School of Legal Practice.

Ya-Fan enjoys the outdoors, reading and good food. He loves to cook and experiment with different international cuisines.

Tel.: +27 (0)21 671 1550
Cell: +27 (0)72 394 4933
Email: yafan@dommisseattorneys.co.za