CONTRACTS: ALL COMMERCIAL AGREEMENTS AND OTHER

PWG fiduciary assist clients in the business industry with the documentation they need to register their Companies:
  • Company Registration (CIPC)
  • Employer Tax Registration (SARS)
  • A B-BBEE Affidavit or a B-BBEE Certificate
  • COID Registration (Department of Labour)
  • Shareholders agreements
  • MOI and MOU agreements
  • We also handle Liquidations and Business Rescue through our contracted practitioners.
In the financial and risk world, we provide the business owner or the financial advisor with:
  • Buy and Sell agreements
  • Contingent liability agreements,
  • Keyperson agreements, etc
Typical Products we can assist you with through our Advisory agreement:
1. Partnership Assurance (Buy and Sell Agreements)
It is common practice for persons with a common business interest to agree to purchase each other’s interest in the event of the death of either one of them. An agreement of this nature will ensure that the surviving party or parties will retain control of the business and allow the business to continue functioning smoothly. The finance required to fund the purchase is, in most cases, provided by the proceeds of a life assurance policy, hence the term "buy-and-sell" assurance.

2. Keyman Insurance
Keyman insurance is an arrangement whereby an employer insures the life of a key employee for the purpose of compensating for the loss of income that the employer would suffer in the event of the employee’s death or disability thereby ensuring the successful continued business operation.

3. Contingent Liability
This plan is a variation of Keyman assurance. It is designed to protect a company against the potentially disastrous effects of the death of a director/shareholder who has secured certain loans or credit facilities on behalf of the company and, in addition, protects the deceased director/shareholder's estate from a claim by the creditor.

Most private companies (including close corporations) are compelled to use the personal assets of its director/shareholders to secure loans and credit facilities. This will very often require the director/shareholder acting as surety and co-principal debtor. The death of the director/shareholder could result in the loan or credit facility being re-negotiated or terminated. In addition, the director/shareholder's estate could be adversely affected as a result of the obligation assumed. As surety and co-principle debtor, the creditors would be entitled to look to the deceased estate for repayment of the loan or cancellation of the facility. In this respect a deceased estate is a soft target because it is usually quite liquid. Should a creditor lodge a claim against the deceased estate this will clearly disrupt the deceased’s estate planning and in all probability will cause a major liquidity problem? Contingent liability assurance ensures that the company has sufficient resources to settle such claims and protect the deceased estate.

A contingent liability arises when one or more co-owners sign surety for the loans or other credit facilities of the business. The co-owner/s will therefore be bound jointly and severally for payment of the debt incurred by the business.

4. Sinking Fund Policy – Investment
A Sinking Fund is the name given to a fund raised by investing money for the purpose of raising capital to pay off a particular liability upon a known future date, or to acquire a new or replace an old asset. An example of the debts for which a sinking fund could be created include the repayment of debentures or preference shares, mortgage bonds and loans. The assets replaced from sinking fund proceeds would include depreciating assets such as plant, machinery, and motor vehicles.

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Advisory & Fiduciary Services

Phone: 012 993 4533

Email: quoteslife@pwggroup.co.za

494 Indiana Ave, Faerie Glen
Pretoria, South Africa

Short Term Office

Phone: 012 9914257

Email: quotes@pwggroup.co.za

498 Indiana Ave, Faerie Glen
Pretoria, South Africa
PWG Advisory Services (Pty) Ltd FSP nr. 44152 and PWG Short Term Advisors (Pty) Ltd FSP nr. 44153 are authorised financial services providers. © 2020 PWG Group. All Rights Reserved. Powered by Creative Joggie