“Commercial Law” is a branch of law that applies to the rights, relations and conduct of persons and businesses engaged in commerce, merchandising, trade and sales. As a branch of law, commercial law extends to a number of legal areas including the law of contract, labour law, the law of insolvency, competition law, and intellectual property law.
In addition, this branch of law includes the law that regulates the registration, day to day running, and winding up of companies. The regulatory framework for companies in South Africa is primarily located in the Companies Act, No. 71 of 2008 which sets out the requirements for the registration and incorporation of various business enterprises and their governance structures and principles.