# Walker and Associates Attorneys --- ## Pages - [Manuals & Terms](https://walkerassociates.co.za/manuals-terms/): Corporate & Commercial legal service manuals & terms for Walker Associates Attorneys Port Elizabeth corporate legal services. - [Contact](https://walkerassociates.co.za/contact/): Corporate & Commercial legal services frequently asked questions about Walker Associates Attorneys and legal services. - [Legal Consultation](https://walkerassociates.co.za/legal-consultation/): Corporate & Commercial legal services frequently asked questions about Walker Associates Attorneys and legal services. - [Frequently Asked Questions](https://walkerassociates.co.za/frequently-asked-questions/): Corporate & Commercial legal services frequently asked questions about Walker Associates Attorneys and legal services. - [Legal Articles](https://walkerassociates.co.za/legal-articles/): Explore engaging articles & blog posts for valuable perspectives. Corporate & Commercial Legal Articles from Walker & Associates Attorneys - [Port Elizabeth Lawyers](https://walkerassociates.co.za/port-elizabeth-lawyers/): Walker & Associates Attorneys Trusted Port Elizabeth Corporate & Commercial Lawyers: Corporate Law ✓ Tax Law ✓ Commercial Law. Gqeberha Attorneys. - [Corporate & Commercial Attorneys](https://walkerassociates.co.za/): Walker & Associates Attorneys provide Expert Corporate & Commercial Legal Services to Port Elizabeth clients ✓Trusted ✓Experienced ✓Client-focused - [Legal Services](https://walkerassociates.co.za/legal-services/): Walker & Associates Attorneys in Port Elizabeth offer clients Corporate & Commercial legal services: ✓ Corporate Law ✓ Tax Law ✓ Commercial Law - [Privacy Policy](https://walkerassociates.co.za/privacy-policy/): Commercial & Corporate Law Walker & Associates Attorneys Page Last updated: September 01, 2024 This Privacy Policy describes Our policies... --- --- ## Posts - [The Tax Implications of Emigration from South Africa](https://walkerassociates.co.za/the-tax-implications-of-emigration-from-south-africa/): what tax do i have to pay if i emigrate from south africa in 2024 - [Why is it important to perform due diligence investigations when acquiring or selling a business?](https://walkerassociates.co.za/why-is-it-important-to-perform-due-diligence-investigations-when-acquiring-or-selling-a-business/): Performing due diligence investigations is a critical step in any transaction where a client intends to acquire or sell a... - [Why it is important to have a professionally drawn up partnership agreement?](https://walkerassociates.co.za/why-it-is-important-to-have-a-professionally-drawn-up-partnership-agreement/): A partnership agreement is a legally binding contract between two or more individuals or entities who agree to carry on... - [What is a beneficiary agreement and why it is so important to have one professionally drawn up?](https://walkerassociates.co.za/what-is-a-beneficiary-agreement-and-why-it-is-so-important-to-have-one-professionally-drawn-up/): A beneficiary agreement is a legally binding document that outlines the rights and responsibilities of beneficiaries who have an interest... --- # # Detailed Content ## Pages > Corporate & Commercial legal service manuals & terms for Walker Associates Attorneys Port Elizabeth corporate legal services. - Published: 2024-09-25 - Modified: 2024-10-07 - URL: https://walkerassociates.co.za/manuals-terms/ Commercial & Corporate Documents Walker and Associates Attorneys Page PAIA Manual 11 SEPTEMBER 2024 POPIA Manual 10 SEPTEMBER 2024 Terms Of Engagement 01 OCTOBER 2024 --- > Corporate & Commercial legal services frequently asked questions about Walker Associates Attorneys and legal services. - Published: 2024-09-18 - Modified: 2024-09-18 - URL: https://walkerassociates.co.za/contact/ Contact Walker & Associates Walker & Associates Attorneys Page Contact Details +27 83 375 0087 89 Bernard Road, Lovemore Heights, Gqeberha, Eastern Cape, South Africa, 6001 info@walkerassociates. co. za Dean Walker Download Digital Business Card Office Hours Monday 08:00 AM - 16:30 PM Tuesday 08:00 AM - 16:30 PM Wednesday 08:00 AM - 16:30 PM Thursday 08:00 AM - 16:30 PM Friday 08:00 AM - 16:30 PM "*" indicates required fields Name* First Last Phone*Email address* Enter Email Confirm Email Message*EmailThis field is for validation purposes and should be left unchanged. --- > Corporate & Commercial legal services frequently asked questions about Walker Associates Attorneys and legal services. - Published: 2024-09-18 - Modified: 2024-09-26 - URL: https://walkerassociates.co.za/legal-consultation/ Request A Consultation Walker and Associates Attorneys Page Contact Details +27 83 375 0087 89 Bernard Road, Lovemore Heights, Gqeberha, Eastern Cape, South Africa, 6001 info@walkerassociates. co. za Dean Walker Download Digital Business Card Office Hours Monday 08:00 AM - 17:00 PM Tuesday 08:00 AM - 17:00 PM Wednesday 08:00 AM - 17:00 PM Thursday 08:00 AM - 17:00 PM Friday 08:00 AM - 17:00 PM "*" indicates required fields Name* First Last Company Phone*Email* Enter Email Confirm Email Choose Type Of Matter* Commercial + Corporate Consultation Formation of Company and Trusts Review Terms and Conditions Review + Amend Agreements Due Diligence Investigations Sale + Purchase Agreements Mergers + Acquisitions Partnership + Beneficiary + Membership Shareholder Agreements Tax Other Preferred Appointment Days* Any Day Monday Tuesday Wednesday Thursday Friday Preferred Appointment Time* Morning Afternoon Preferred Correspondence Method (9am-4pm)* Phone Email CommentsThis field is for validation purposes and should be left unchanged. --- > Corporate & Commercial legal services frequently asked questions about Walker Associates Attorneys and legal services. - Published: 2023-12-08 - Modified: 2024-09-20 - URL: https://walkerassociates.co.za/frequently-asked-questions/ Port Elizabeth Commercial & Corporate Law FAQ's Walker & Associates Attorneys Page What types of consulting services does Walker and Associates provide in commercial and corporate law? Walker and Associates offers consulting services for a wide range of commercial and corporate matters, including business structuring, legal compliance, and contract reviews. Can Walker and Associates assist with the formation of companies and trusts? Yes, Walker and Associates specialises in helping clients form companies and trusts, ensuring that all legal requirements are met. How does Walker and Associates help with the formation of trusts? Walker and Associates assists clients in the formation of trusts by ensuring all legal requirements are met, drafting the necessary trust deeds, and advising on the most appropriate structure for managing and protecting assets. How does Walker and Associates assist with the review of standard terms and conditions? The firm reviews clients’ existing terms and conditions to ensure they are effective and comply with relevant legislation, recommending amendments where necessary. What is the role of Walker and Associates in due diligence investigations? Walker and Associates conducts due diligence investigations for clients who are acquiring or selling businesses to identify any potential legal or financial risks. Can Walker and Associates draft partnership and shareholder agreements? Yes, they prepare partnership, beneficiary, membership, and shareholder agreements to help resolve disputes between stakeholders without costly litigation. What are the advantages of having a partnership agreement drafted by Walker and Associates? A partnership agreement drafted by Walker and Associates clearly defines the roles,... --- > Explore engaging articles & blog posts for valuable perspectives. Corporate & Commercial Legal Articles from Walker & Associates Attorneys - Published: 2023-11-28 - Modified: 2024-09-18 - URL: https://walkerassociates.co.za/legal-articles/ Port Elizabeth Law Firm Walker & Associates Attorneys --- > Walker & Associates Attorneys Trusted Port Elizabeth Corporate & Commercial Lawyers: Corporate Law ✓ Tax Law ✓ Commercial Law. Gqeberha Attorneys. - Published: 2023-11-24 - Modified: 2024-10-07 - URL: https://walkerassociates.co.za/port-elizabeth-lawyers/ Gqeberha Attorneys Walker and Associates Attorneys Page Port Elizabeth Law Firm About Walker and Associates Walker and Associates located in Port Elizabeth, offers a wide range of commercial and corporate legal services, designed to meet the needs of businesses across various industries. Its primary focus is on providing expert legal advice and support that helps clients navigate complex corporate transactions and ensure compliance with South African law. Walker and Associates Attorneys provides a full spectrum of legal services at affordable rates in order to support the growth and stability of businesses, enabling clients to focus on their operations while leaving the legal intricacies to experienced and trusted professionals. Commercial and Corporate Attorney Meet Dean Walker Dean Walker, the proprietor of Walker and Associates, is an admitted attorney with more than 30 years of experience in the practice of law, particularly commercial and corporate law. He is Eastern Cape born and bred. He was awarded the BJuris degree, with distinction, by the University of Port Elizabeth in 1990 and the LLB degree, with distinction, from that same university in 1992. After his admission as an attorney, he went on to become a senior director in the commercial department of Pagdens Attorneys until his departure to take up a position as a legal advisor to a well-known entrepreneur in the Eastern Cape. In 2020 he passed the Module in Advanced Taxation (Graduate Level), with distinction, through the University of Pretoria. In 2021 he passed the Module in Advanced Taxation (Postgraduate Level), with... --- > Walker & Associates Attorneys provide Expert Corporate & Commercial Legal Services to Port Elizabeth clients ✓Trusted ✓Experienced ✓Client-focused - Published: 2023-11-24 - Modified: 2024-10-16 - URL: https://walkerassociates.co.za/ Commercial & Corporate Law mergers & acquisitions Commercial & Corporate Law purchase agreements Commercial & Corporate Law Agreements & Amendments Commercial & Corporate Law formation of companies Commercial & Corporate Law Due Diligence Investigations Commercial & Corporate Law Partnership Agreements Specialised Commercial & Corporate Legal Services Walker and Associates is a boutique law firm with over 30 years of experience providing specialised legal services at affordable rates. Based in Gqeberha (formerly Port Elizabeth), the firm has established itself as a leading commercial and corporate attorney with a deep understanding of the legal needs of sole proprietors and small and medium enterprises (SMEs). Expert Legal Solutions, Trusted Results With a focus on commercial and corporate law, Walker and Associates offers comprehensive legal support, including the formation of companies and trusts, the preparation of agreements for shareholders, trusts, and partnerships, and the drafting of sale of business agreements. Their services include handling due diligence investigations and reports and ensuring compliance and sound decision-making for clients involved in mergers, acquisitions, or business sales. The firm’s expertise in tax and other regulatory matters ensures clients receive practical legal advice tailored to their business needs, making Walker and Associates the trusted partner for businesses in Gqeberha. Commercial & Corporate Legal Services Walker & Associates provides specialised legal services at affordable rates to sole proprietors and small to medium enterprises throughout Gqeberha. The personalised commercial and corporate legal solutions, ensure reliable representation and strategic guidance for various business legal matters. View All Legal Services Partnership Agreements... --- > Walker & Associates Attorneys in Port Elizabeth offer clients Corporate & Commercial legal services: ✓ Corporate Law ✓ Tax Law ✓ Commercial Law - Published: 2023-11-24 - Modified: 2024-10-16 - URL: https://walkerassociates.co.za/legal-services/ Port Elizabeth Law Firm Walker and Associates Attorneys Page Commercial and Corporate Attorney commercial and corporate legal services Walker and Associates, located in Port Elizabeth, offers a wide range of commercial and corporate legal services, designed to meet the needs of businesses across various industries. Its primary focus is on providing expert legal advice and support that helps clients navigate complex corporate transactions and ensure compliance with South African law. Below is a more detailed overview of the services offered: Consulting Services in Commercial & Corporate Matters Walker and Associates offers comprehensive consulting services, providing legal guidance on a wide range of commercial and corporate matters. Whether clients require advice on business structuring, compliance with legal requirements, or assistance with specific corporate issues, the firm’s attorney is well-versed in navigating the legal landscape to help businesses make informed decisions and avoid potential legal pitfalls. Formation of Companies and Trusts Establishing a legal entity, such as a company or trust, requires adherence to strict regulatory guidelines. Walker and Associates guides clients through the entire process of setting up companies and trusts, ensuring all legal requirements are met. It provides assistance with documentation, registration, and the drafting of necessary agreements to ensure the newly formed entities are legally sound and aligned with the clients' objectives. Review of Standard Terms and Conditions For businesses, having effective standard terms and conditions (T&Cs) is crucial to protecting their interests. Walker and Associates reviews clients' existing T&Cs to ensure they comply with relevant legislation, such as... --- - Published: 2022-10-07 - Modified: 2024-09-18 - URL: https://walkerassociates.co.za/privacy-policy/ Commercial & Corporate Law Walker & Associates Attorneys Page Last updated: September 01, 2024This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. INTERPRETATION AND DEFINITIONSINTERPRETATIONThe words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. DEFINITIONSFor the purposes of this Privacy Policy:Account means a unique account created for You to access our Service or parts of our Service. Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Walker Associates Attorneys, 89 Bernard Road, Lovemore Heights, Gqeberha, Eastern Cape, South Africa, 6001Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses. Country refers to: South AfricaDevice means any device that can access the Service such as a computer, a cellphone or a digital tablet. Personal Data is any information that relates to an identified or identifiable individual. Service refers to the Website. Service Provider means any natural or legal person who processes... --- --- --- ## Posts > what tax do i have to pay if i emigrate from south africa in 2024 - Published: 2024-10-16 - Modified: 2024-11-20 - URL: https://walkerassociates.co.za/the-tax-implications-of-emigration-from-south-africa/ - Categories: Legal Articles South Africa has seen a growing trend of emigration over the years, driven by various reasons like career opportunities abroad, quality of life, or even safety concerns. However, if you're considering packing up and leaving the country, there's an important aspect to consider: the tax implications. Tax is an integral part of your emigration process and can affect your financial situation both in South Africa and abroad. Let's break down these complexities and explain the essential tax considerations when emigrating from South Africa. Tax Residency in South Africa Your tax obligations in South Africa are largely dependent on whether you're considered a tax resident. South Africa follows a residency-based tax system, which means that residents are taxed on their worldwide income, regardless of where it was earned. What is Tax Residency? In South Africa, you are classified as a tax resident based on either the ordinary residence test or the physical presence test. Ordinary Residence Test: This test focuses on whether South Africa is your true and permanent home, where you regularly return after traveling abroad. Physical Presence Test: This test examines the number of days you’ve physically spent in the country. If you’ve spent over 91 days in South Africa in a tax year and cumulatively over 915 days in the past five years, you could still be regarded as a resident. Financial Emigration Defined Financial emigration is the process of formally informing the South African Reserve Bank (SARB) and South African Revenue Service (SARS) that you are leaving... --- - Published: 2024-09-17 - Modified: 2024-10-09 - URL: https://walkerassociates.co.za/why-is-it-important-to-perform-due-diligence-investigations-when-acquiring-or-selling-a-business/ - Categories: Legal Articles Performing due diligence investigations is a critical step in any transaction where a client intends to acquire or sell a business. For Walker and Associates, due diligence is a fundamental part of ensuring that the transaction is legally sound and free from unforeseen risks. The process involves a thorough examination of the legal and operational aspects of the target business to identify any potential liabilities or issues that could affect the outcome of the deal. Key Reasons for Performing Due Diligence Investigations:Risk Identification and Mitigation: Due diligence helps identify any hidden liabilities or risks associated with the business being bought or sold. These could include outstanding debts, pending litigation, regulatory non-compliance, or intellectual property disputes. By uncovering these issues, Walker and Associates can advise clients on how to mitigate risks or adjust the terms of the agreement to protect their interests. Compliance with Legal and Regulatory Requirements: Ensuring that the business complies with South African law is a key part of due diligence. This includes checking whether the company complies with relevant labour laws, environmental regulations, industry-specific standards, and corporate governance rules. Walker and Associates conducts these checks to ensure that clients do not inherit legal liabilities or regulatory penalties after the transaction is completed. Protection of Shareholder and Stakeholder Interests: When acquiring or selling a business, the interests of shareholders and other stakeholders, such as employees or minority partners, need to be considered. Due diligence helps clarify how these parties may be affected by the transaction and ensures that... --- - Published: 2023-12-07 - Modified: 2024-10-09 - URL: https://walkerassociates.co.za/why-it-is-important-to-have-a-professionally-drawn-up-partnership-agreement/ - Categories: Legal Articles A partnership agreement is a legally binding contract between two or more individuals or entities who agree to carry on a business together with the aim of generating profit. In South Africa, partnerships are not separate legal entities, meaning the partners are jointly and severally liable for the obligations and debts of the business. This makes it essential to have a clear, comprehensive partnership agreement in place to regulate the relationship between partners and outline the rights and obligations of each party. Key Aspects Covered in a Partnership Agreement:Capital Contributions: The agreement specifies the amount of capital each partner is required to contribute to the business and how additional capital needs will be handled. Profit and Loss Sharing: It sets out how profits and losses will be divided among the partners. This can vary according to the partners’ capital contributions or another agreed formula. Roles and Responsibilities: The agreement defines the role of each partner, outlining their specific responsibilities in the business operations and management. This helps prevent disputes over who is responsible for what aspects of the business. Decision-Making Process: It establishes how decisions will be made, including whether unanimous consent is required for major decisions or whether a majority vote is sufficient. Dispute Resolution: The agreement provides mechanisms for resolving disputes between partners, often requiring mediation or arbitration before litigation. This can save time, money, and preserve business relationships. Withdrawal, Death, or Retirement of a Partner: A well-drafted agreement addresses what happens when a partner wishes to leave... --- - Published: 2023-11-30 - Modified: 2024-10-09 - URL: https://walkerassociates.co.za/what-is-a-beneficiary-agreement-and-why-it-is-so-important-to-have-one-professionally-drawn-up/ - Categories: Legal Articles A beneficiary agreement is a legally binding document that outlines the rights and responsibilities of beneficiaries who have an interest in a trust, particularly where multiple beneficiaries are involved. It defines how the benefits or assets of a trust will be managed, distributed, and governed, ensuring that the interests of all parties are clearly documented and protected. In South Africa, this agreement is essential to maintain harmony among beneficiaries, especially in the context of family trusts or business-related trusts. Key Aspects Covered in a Beneficiary Agreement:Identification of Beneficiaries: The agreement clearly identifies all beneficiaries entitled to benefits under the trust, ensuring that no confusion or disputes arise regarding who has a legitimate claim. Rights and Responsibilities of Beneficiaries: It outlines the specific rights of each beneficiary, such as the right to receive income or capital from the trust, and their responsibilities, such as maintaining certain conditions to receive benefits. Distribution of Assets or Income: The agreement specifies how the assets of the trust will be distributed, whether equally or based on particular conditions, such as age, needs, or specific milestones. It can also regulate the frequency and manner of distributions, which could be periodic or event-based. Dispute Resolution: The agreement sets out mechanisms for resolving any disputes between beneficiaries, trustees, or other stakeholders. This can include alternative dispute resolution methods, such as mediation or arbitration, to avoid lengthy and costly litigation. Roles of Trustees and Administrators: The agreement clarifies the duties and powers of trustees or administrators managing the trust,... --- ---