brent petersen

Brent Petersen

LLB (UWC)
Senior Associate

Brent Petersen is an admitted attorney of the High Court with experience in corporate and commercial law, oil and gas law, property law and competition law.

He is a versatile practitioner and the first point of contact for client’s who require legally precise and commercially sound advice.  Brent focuses on understanding the client’s objectives and business, as he sees this as a crucial component to provide them with full end legal guidance.

He has a strong background in commercial, corporate and contract law, specializing in company establishment and transactional work for SME’s, start-ups or established companies.  His work includes the drafting and negotiating of all industry related agreements for all facets of businesses. A significant part of his work also includes advisory services on acquisitions and disposals, joint ventures, corporate restructurings, and the facilitation and implementation of various deal phases.

With regards to oil and gas has acted and secured, for national and international companies, the award for technical operation permits, exploration right applications (including the renewal thereof) in terms of South Africa law.  His work also extends to regulatory and advisory advice, which includes the drafting of all upstream agreements.

Brent regularly works on property related matters pertaining to leasing, buying, selling and resolving landlord and tenant disputes in respect of commercial and residential leases. He has also drafted various agreements arising from property-related transactions for a major listed fuel retail provider.

He also advises on competition law matters, which includes all aspects of compliance, dealing with complaints regarding prohibited practices, merger notifications, submission of corporate leniency applications and negotiating consent orders.

Having worked for clients across the supply chain, whether they are emerging or established companies, Brent’s experience means that he takes a practical and commercially focused approach to provide value to achieve his client’s goals.

   Email
brent@bbplaw.attorney
   Mobile
+2782-826-6637
   LinkedIn
/brent-petersen

Brent’s experience in various aspects of law includes:

Corporate & Commercial

  • Drafting of various commercial agreements which includes: term sheets, memorandum of understanding, shareholders agreements, bespoke memorandum of incorporation, convertible notes, facilitation fee agreement, service level agreement, sale of shares, sale of business as a going concern, SaaS Agreements, website and online terms and conditions.
  • Assisted with advisory opinions and due diligence investigations for companies seeking corporate structuring and re-structuring advice.
  • Advising on director liability for alleged breach of fiduciary duties in terms of section 76 of the Companies Act, 2008 and attended on the removal of directors in terms of section 71.
  • Setting up and registering a business on Companies and Intellectual Property Commission and drafting the founding documents and agreements for various start-ups.
  • Drafting and preparing tender guidelines and related documentation, setting out the procedure and process to secure commercial funding either through equity or debt finance for start-ups.
  • Managed all aspects relating to internal corporate governance and compliance with regulatory authorities for SME’s and start-ups.
  • Drafting website online terms and conditions for various SME’s and start-ups, which includes a privacy policy, terms of use and browser terms.
  • Advised and assisted a non-profit organisation with the drafting of a sponsorship agreement and the development and drafting of a commercially acceptable constitution and further assisted with an application for registration as a non-profit organisation with the Department of Social Development.
  • Ensured compliance with all Companies Act, BBBEE, SARS and other compliance legislation. Review of current SLA’s to assess risk exposure and ensuring all internal supplier agreements are inline. Assessment of risk across the business, monitoring of compliance to SLA’s, drafting and review of all contracting going forward.

Oil & Gas

  • Prepared onshore applications for technical co-operation permits in terms of section 76 of the Mineral and Petroleum Resources Development Act, 2002 for various South African based NOC and IOC’s.
  • Assisted ASX listed IOC, in preparing exploration right applications for onshore and offshore acreage in South Africa. This entailed technical co-operation permit conversions to exploration rights. Prepared applications for the transfer and of exploration rights in terms of section 11 of the Mineral and Petroleum Resources Development Act, 2002 for an ASX listed IOC, which included the renewals thereof.
  • Assisting with a due diligence investigation and report on onshore and offshore petroleum licences in Namibia for an IOC. This included conducting review of various petroleum agreements, advising and preparing first drafts of Multi-Client Services Agreements concluded with multi-national oil service companies, review and advising on Joint Operating Agreements, drafting Confidentiality Agreements governing the review of data for prospective farm-in transaction.
  • Assisted NOC’s in its dilution and the transfer and assignment of a 54% participating interest in the Kudu gas-to-power development project.
  • Drafting and securing the registration of the Deed of Renewal and Deed of Amendment for South Africa’s NOC in respect of Block 9/11A.
  • Provided comments and legal advice for NAMCOR and a former joint venture partner CIECO dealing with the liability under the JOA and the withdrawal provisions and consequences thereof.
  • Assistant to the lead Legal Advisor in preparing the pre-requisite documents for the transfer and assignment of Tullow Kudu Limited participating interest in the Kudu Development Project and transfer of operatorship to the NOC, this included the reviewing, preparation and drafting the drafting of Notarial Deeds of Assignment and Novation.
  • Drafted legal opinion for NOC to hold its joint venture party liable for their share of costs in respect of the joint account pursuant to their notice of intention to withdraw from the Kudu gas-to-power development project.
  • Conducting due diligence audits on the NOC’s Exploration and Production Petroleum Agreements and Petroleum Licences.
  • Assisted in drafting and negotiating Multiclient, Revenue Sharing and Brokerage Agreements with Spectrum Geo Limited; Schlumberger, Fugro; ERCL, CGG Services (UK) Limited, WesternGeco Seismic Holdings Limited and EMGS.
  • Assisted in drafting and negotiating various Farm-Out Agreements, Deeds of Assignment to Petroleum Agreement and JOA, Deed of Amendment to JOA, obtaining Ministerial consents and approvals.
  • Assisted in the drafting and negotiating of commercially accepted carry terms for the NOC for over 20 petroleum exploration licenses in Joint Operating Agreements and Participating Agreements and negotiating the commercial terms of the NOC carry with JV partners with IOC’s.
  • Winner of the 2014 Legal Advisor of Year Award by African Investor based on the novel, unprecedented and financially innovative carry interest terms offered by a national oil company participation in its own jurisdiction.

Competition Law

  • Lead Legal advisor to a major asphalt supplier in South Africa.

Property Law

  • Assisted clients with the registration and transfer of residential and commercial properties.
  • Drafting of various notarial deeds for the registration and cancellation of personal, praedial servitudes and long-term lease agreements for a major international fuel company.
  • Resolving several residential and commercial lease disputes between Landlords and Tenants.

  • Africa Investor (Ai) Infrastructure Investment Awards part of the team awarded the 2014 Legal Advisor of Year Award.
  • Featured Cover and Article – Energy Decisions 2017.

Head Office

We’re located in the heart of Bellville

23 Hofmeyr Street
Welgemoed
7530

Contact Us

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BELLVILLE BRANCH
Tel: +27 82 826 6327
Fax: +27 86 691 4998

LANSDOWNE BRANCH
Tel: +27 21 913 1384

Email: info@bbplaw.attorney