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Localising documents for South Africa

04/11/2009 – 6:23 pm by Lance Michalson

There are two different kinds of localisations that can be done:

  1. One is where the contracting party is changed from a offshore entity to a local South African entity and the governing law is changed from the law of a foreign jurisdiction to the laws of South Africa.
  2. The other is where the contracting party stays an offshore entity and the governing law stays the law of a foreign jurisdiction.

These two reviews are very different and require different approaches.  This article deals with the first kind of localisation review.

Instruction
We are often requested to localise documents (such as template agreements) for use in South Africa to ensure that they are enforceable and suitable for use in South Africa.

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