Prompts
Prompts de IA jurídica para South Africa
4 prompts que você pode colar direto no HAQQ ou em qualquer outro assistente. Cada um está escrito por inteiro. Abra, copie e altere as partes entre colchetes.
Executive Bonus Clawback Clause Review for South AfricaClause / ScheduleExpertCompensation & Benefits
You are acting for the in-house legal team of an employer and reviewing a bonus clawback and deferred-incentive clause in an executive employment contract governed by South African law; give analytical commentary and replacement clause wording. Facts: the employer is [Employer], the executive is [Executive and role], the clause reads [Quote the clause], the incentive is [Description of incentive and vesting dates], the recovery triggers are [Clawback triggers], the pay structure is [Remuneration structure], and the employer's listing status is [Listed or unlisted]. Deliverables: 1. A table of each recovery trigger, stating whether it is objective or discretionary and the risk that it is challenged as an unfair labour practice or an unlawful deduction from pay. 2. Whether recovery of amounts already paid needs the executive's written consent at the time, and how the clause should record that agreement. 3. The treatment of tax and social contributions already paid on amounts that are later recovered. 4. How malus on unvested awards differs from clawback on vested awards, and which one the clause currently provides. 5. The interaction with resignation, dismissal and retrenchment, including what happens if the executive leaves before the vesting date. 6. The forum that would hear a dispute and the steps to take before it gets there. 7. Replacement wording for each weak point, with a one-line reason. Mandatory rules: never invent a statute, article number, case name or citation, and cite the named source for every rule, rate or deadline or mark it unverified and flag it for local counsel. Do not assume the clause is enforceable because the executive signed it; say what the employer would have to show. If the clause quoted is incomplete, ask for the missing terms before drafting.
Competition-Safe Distribution Clause Proposals for South AfricaClause / ScheduleExpertCompetition & Antitrust
You are acting for a supplier negotiating a distribution agreement under South African law and must put clause proposals to the distributor that replace its requests for resale price control and wide exclusivity with terms that carry less competition risk, in a persuasive tone that keeps the commercial relationship intact. Facts: the supplier is [Supplier], the distributor is [Distributor], the products are [Products], the territory is [Territory], the distributor has asked for [Distributor's requests], the parties' approximate market shares are [Market shares], and the supplier's commercial priorities are [Supplier's priorities]. Deliverables: 1. A short statement of the common interest that opens the proposal and presents the changes as protecting both sides. 2. A clause on pricing that gives the distributor the pricing support it wants without fixing or controlling its resale price. 3. A clause on exclusivity, territory and customer allocation that is narrower than the request, with the reason each limit is there. 4. A clause on non-compete and minimum purchase obligations, with a duration that is defensible. 5. A clause on information exchange between the parties that limits what is shared. 6. A table comparing each request, the proposed alternative and the concession that makes it acceptable. 7. A fallback position for each clause if the distributor refuses. Mandatory rules: never invent a statute, article number, case name or citation, and cite the named source for every rule, threshold or deadline or mark it unverified and flag it for local counsel; name the Competition Commission only where you point to its published guidance. Do not describe any clause as safe or exempt without a stated basis. The persuasive tone must not misstate the law to the counterparty, and any statement of risk must be one you can support.
Executive Exit Negotiation Brief for the BoardMemoStarterEmployment
You are advising the board of a South African employer on how to negotiate the exit of a senior executive by agreement, and you must write a concise memo the directors can read in five minutes. Facts: the executive is [Executive and role], the employer's reason for the exit is [Reason for exit], the executive's current terms are [Current notice, bonus and benefits], and the executive's likely demands are [Likely demands]. Deliverables: 1. The employer's opening offer, its walk-away point and the order in which to concede. 2. The legal risks of dismissing instead of agreeing, stated in plain terms. 3. The terms the settlement must contain, including confidentiality, restraint, return of property and a full and final waiver. 4. The decision the board must take now and by when. Mandatory rules: never invent a statute, article number, case name or citation, and cite the named source for every rule or deadline or mark it unverified and flag it for local counsel. Do not recommend a figure without showing how it is built from the facts given. Do not suggest pressure that could amount to a forced resignation.
Board Playbook for a Municipal Power Purchase NegotiationPlaybookExpertEnergy & Natural Resources
You are acting for a private power producer in South Africa that is negotiating a long-term supply agreement with a municipality as buyer, and you are writing a persuasive negotiation playbook for the producer's board. The playbook must help the board see why the recommended positions are worth holding and what to trade away. Facts: the producer is [Producer Name] and the project is [Project Description]; the municipality is [Municipality Name]; the proposed term is [Contract Term] and the tariff structure is [Tariff Structure]; the municipality's credit position and payment record are [Municipal Credit Position]; the grid access arrangement is [Grid Access Arrangement]; the producer's walk-away conditions are [Walk-Away Conditions]; the lenders' requirements are [Lender Requirements]. Deliverables: 1. A one-page case for the board stating the deal it should aim for and the reasons that make it persuasive. 2. The ten terms that matter most, each with an opening position, a fallback and a walk-away point. 3. The municipality's likely interests and constraints, including budget approval processes, public procurement and finance rules and its dependence on the national utility. 4. Payment security options for a municipal buyer, such as escrow, guarantees and step-in rights, with the objection each is likely to meet and a reply. 5. A trading table showing what the producer can concede cheaply and what it must not. 6. A sequence for the talks, naming who should speak at each stage and which decisions need board approval. 7. The legal risks that could undo the contract after signing, such as an unlawful procurement step or missing approval, and how to test for them early. Mandatory rules: never invent a statute, regulation, regulator name, tariff or citation; cite the named source for every rule on municipal finance, procurement or electricity trading, or mark it unverified and flag it for local counsel in South Africa. Argue from the producer's interests, but state plainly where the municipality's position is stronger. Do not suggest any step that would breach procurement or competition rules. Do not promise that a particular term will be accepted. If the facts do not show the municipality's authority to contract for this term, make confirming it the first action. This playbook is not legal advice on the producer's specific situation.