Hedge Fund and Private Equity Funds


Thipa Attorneys Incorporated is a specialist funds and financial services law firm. Our clients have come to trust that they can lean on us for strategic and innovative solutions. We have a team built on a proven track record and a combined skills base that thrives on a strong entrepreneurial spirit.



  • Establishment of hedge funds and private equity funds
  • Advice on the hedge fund regulations
  • Assisting our clients with Category and II and IIA licence applications
  • Furnishing opinions on the financial services laws and regulations applicable to fund managers, including but not limited to the FAIS Act, CISCA and the Financial Markets Act
  • Drafting of agreements between local and offshore managers, such as sub-advisory agreements
  • Tax advice on South African and cross-border tax implications, including Place of Effective Management (POEM) and Double Tax Treaty considerations



We have recently acted as legal advisors in respect to the following:

  • Royal Investment Managers Acquisition of 20% of Sesfikile Capital, a leading Real Estate Fund
  • Senatla Capital’s acquisition of 51%; Generator and Plant Hire South Africa
  • Phembani’s acquisition of an additional 6% of the issued share capital in Engen (2016)
  • Acquisition by Kleoss Capital of 50% of the issued share capital in a currently confidential company
  • The investment of R100 million by Fairtree in Bounty Brands, a coast to coast subsidiary
  • The acquisition by Sampada Private Equity Fund and Megamart Shopping Centre for R206 million



This include but are not limited to:

  • Preference share agreements
  • Leveraged finance
  • Facility and loan agreements
  • Security documentation
  • Factoring agreements
  • Common terms agreements


We have recently acted as legal advisors in respect of the following:

  • Acting on behalf of Rand Merchant Bank (RMB) on its funding of KDB Retail Properties for its Khayelitsha Retail development acquisition
  • Acting on behalf of Rand Merchant Bank for its funding of RBA Holdings Limited’s Clayville project land
  • Acting on behalf of RMB with respect to the refinancing of Abland for the Carvenience development
  • Acting on behalf of RMB leveraged finance team with respect to the ZAR 40 million uncommitted facility and the issue and lodging of a 250 million GNB for a presently confidential client
  • Acting on behalf of RMB with respect to a ZAR 1, 000,000,000 Debtors Invoice sale and purchase transaction with a major South African corporate treasurer
  • Acting on behalf of ArcelorMittal (AMSA) with respect to various facilities
  • Acting on behalf of AMSA with respect to a promissory note structure including drafting the promissory note, the acknowledgement, the purchase request, and issuing an opinion on the accounting treatment of the promissory note
  • Acting on behalf of Anglo American with respect to various Anglo American banking and finance legal documentation
  • Acting on behalf of Atria Africa with regards to its debenture programme; its financing and security arrangements with various investors in Africa
  • Acting on behalf of Minero Africa, a Botswana registered entity with regards to a facility advance to a mine in Zambia, including various security documents



  • International Swaps and Derivatives Association documentation
  • Securities lending and repurchase agreement negotiation
  • Domestic Medium Term Programmes and Credit Linked Note Programmes
  • Central Securities Depository Rules and compliance