Agreements
Finance & Security
Loans, suretyships, guarantees, cessions and the security documents that protect a creditor under South African law.
Suretyship
The accessory security contract that binds you personally to someone else’s debt — and the one formality that decides whether it is valid at all.
Read guideLoan Agreement
The contract that turns money you hand over into a debt you can enforce — and the National Credit Act, in duplum and prescription rules that decide how much you can actually recover.
Read guideShareholder Loan Agreement
The loan account that funds most SA private companies — and the Companies Act formalities that decide whether the loan is valid or void.
Read guideAcknowledgement of Debt
The short signed document that turns a disputed or stale debt into a fast, enforceable claim — and the formalities that decide whether it actually works.
Read guideGuarantee
The independent payment undertaking behind construction bonds, performance bonds and bank guarantees — paid on demand, and almost impossible to stop short of proven fraud.
Read guideSecurity Cession
How South African businesses pledge their book debts, bank accounts, policies and claims as security — and the one choice of construction that decides what happens on insolvency.
Read guideOut-and-Out Cession
The outright transfer of a personal right — and why, used as security, it leaves the cedent with only a personal claim to get the right back.
Read guidePledge & Cession
The everyday way a South African business puts up its shares, equipment, book debts or policies as security — and the delivery and perfection rules that decide whether the security actually bites.
Read guideSubordination Agreement
The one-page undertaking that keeps a balance-sheet-insolvent company trading as a going concern — and the SA case law and Companies Act tests that decide whether it works.
Read guideSet-Off Agreement
How South African businesses use set-off (compensatio) to cancel mutual debts — and the contract terms that decide whether netting survives default, business rescue and insolvency.
Read guideInstalment Sale Agreement
What a Instalment Sale Agreement is and what it must contain under South African law.
Read guideFactoring & Invoice Discounting
How South African businesses turn unpaid invoices into working capital — and the one structural choice (sale vs security, recourse vs non-recourse) that decides who carries the bad-debt risk.
Read guideDebt Restructuring & Compromise
The agreement that resets unsustainable debt before liquidation — and the difference between a private deal that binds only the signatories and a section 155 compromise that binds every creditor.
Read guideNeed one of these reviewed or drafted?
Why you can trust this: Martin Kotze has been an admitted Attorney of the High Court of South Africa, registered Conveyancer, and Notary Public since 2014, practising from Pretoria. The firm is regulated by the Legal Practice Council under firm registration 17444.
This guide is general information, not legal advice for your specific matter.