Corporate and Commercial Lawyers

Qualifications:

  • BA LLB
  • Post-graduate Certificate in Mineral and Petroleum Law
  • Attorney of the High Court of South Africa
  • Solicitor of the Senior Courts of England and Wales

Nick Magowan

Nick is a director of Malan Scholes Inc, with 14 years’ international and local experience as a corporate and commercial attorney. He was admitted as an attorney in 2005 and as a solicitor of the senior courts of England and Wales in 2009. He specialises in commercial and corporate law.

nmagowan@malanscholes.co.za

+27 (0)10 020 5025

Recent Experience:

  • Counsel for DRDGOLD Ltd in its acquisition of the West Rand Tailings Retreatment Project from Sibanye-Stillwater Ltd valued at R1.3 billion (2018).
  • Counsel for the New Largo Coal consortium in its acquisition of the New Largo coal project from Anglo American Inyosi Coal (Pty) Ltd for R850 million (2018).
  • Counsel for Seriti Coal (Pty) Ltd in connection with its acquisition of certain coal mines from Anglo American for R2.3 billion (2017).
  • Acting as local counsel to Aquarius Platinum Ltd in connection with its USD294 million amalgamation with Sibanye Platinum Ltd (2016).
  • Experience in dealing with business rescue proceedings.

Qualifications:

  • BA LLB LLM
  • Certificate Programme in Advanced Corporate and Securities Law (cum laude)
  • Diploma in Corporate Law, University of Johannesburg (cum laude)
  • Attorney of the High Court of South Africa

Nicola Malan

Nicola is a director of Malan Scholes Inc.  She was admitted as an attorney and notary in 2000.  Her areas of expertise are corporate and commercial law and she has practised in both South Africa and New York.

nmalan@malanscholes.co.za

+27 (0)10 020 5038

Recent Experience:

  • Legal counsel for Omnicom Group Inc (an American based brand and advertising services company) in respect of its broad-based black economic transactions in South Africa and the restructuring thereof (2018).
  • Legal counsel to CCP 12J Fund Ltd (a South African venture capital company pursuant to section 12J of the Income Tax Act, 1962) in respect of its public offer to subscribe for shares, which included, establishing the company, preparing and advising on the prospectus, transaction agreements and related documentation (2018).
  • Legal counsel to Kapela Holdings (Pty) Ltd (a South African BEE investment company) and its subsidiary Littera Investments (Pty) Ltd in respect of the acquisition of shares held by SMEC South Africa (Pty) Ltd in Robow Investments No 52 (Pty) Ltd (a South African property-owning company) (2018).
  • Legal counsel for TÜV SÜD AG (a German based testing, certification, inspection and training provider), in respect of its BEE transactions in South Africa and the restructuring thereof (2017).
  • Legal counsel to numerous international and local private companies on BEE transactions and other sale and acquisition transactions, which included advising on transaction structures, sale agreements, shareholders agreements, memoranda of incorporation and/or trust deeds and conducting due diligence investigations.
  • Legal counsel to numerous companies and individuals in their capacity as directors on company law issues arising under South African law.

Qualifications:

  • BCom LLB
  • Attorney of the High Court of South Africa

Jessica Frost

Jessica is a director at Malan Scholes Inc. She was admitted as an attorney in 2015. Her areas of expertise are in corporate and commercial law.

jfrost@malanscholes.co.za

+27 (0)10 020 5024

Recent Experience:

  • Acted for DRDGOLD Ltd in its acquisition of the West Rand Tailings Retreatment Project from Sibanye-Stillwater Ltd valued at R1.3 billion (2018).
  • Acted for the New Largo Coal consortium in its acquisition of the New Largo coal project from Anglo American Inyosi Coal (Pty) Ltd for R850 million (2018).
  • Acted for CCP 12J Ltd (a South African venture capital company pursuant to section 12J of the Income Tax Act, 1962) in respect of its public offer to subscribe for shares, which included, establishing the company, preparing and advising on the prospectus, transaction agreements and related documentation (2018).
  • Acted for Seriti Coal (Pty) Ltd in its acquisition of Anglo American’s Eskom-dedicated thermal coal mines for a purchase consideration of R2.3 billion (2017).
  • Assisted various clients with sale and acquisition transactions, which included advising on transaction structures, conducting due diligence investigations and drafting, inter alia, sale agreements, repurchase agreements, shareholders agreements, memoranda of incorporation and trust deeds.

Qualifications:

  • BA LLB

  • Certificate in Corporate Finance and Securities Law

  • Admitted Attorney of the High Court of South Africa

Michael Eybers

Michael is an associate at Malan Scholes Inc. He was admitted as an attorney in 2017. His areas of expertise are corporate and commercial law.

meybers@malanscholes.co.za

+27 10 020 5021

Recent Experience:

  • Legal representative for listed retail pharmaceutical company and its subsidiaries in respect of the:
    • restructuring of various subsidiaries (2018/2019);
    • acquisition of various pharmacy businesses (2018/2019); and
    • negotiating and drafting of agreements for the licensing of branding across all major airports in South Africa (2019).
  • Legal representative for an abalone farming and distribution company in respect of, amongst other things, a distribution agreement with a third-party in Hong Kong (2018).
  • Legal representative for a South African branch of a Swiss aircraft manufacturer in respect of the:
    • sale of an aircraft (PC-6) (2018);
    • lease of an aircraft (PC12/47E) (2018); and
    • services/sales agreements relating to maintenance services and the sale of spare parts to third-parties outside South Africa (2018).
  • Legal representative for a company in the sale of two aircraft (Kingair200 & Citation V) and a majority shareholding, which included amongst other things, various forms of security (2018).
  • Legal representative for a company in advising and drafting documents relating to the incorporation and capitalisation of the company and its subsidiaries, including amongst another things, the acquisition of intellectual property relating to renewable energy (2017).