1. Business Formation and Structuring
- Company Incorporation: Advising on and handling the registration of limited liability companies, partnerships, sole proprietorships, and branches of foreign companies with the Business Registration Service (BRS).
- Drafting Foundational Documents: Drafting and reviewing Memoranda and Articles of Association, Partnership Deeds, Shareholder Agreements, and Joint Venture Agreements.
- Business Structuring: Advising on optimal business structures for tax efficiency, liability protection, and regulatory compliance.
2. Corporate Governance and Compliance
- Company Secretarial Services: Providing corporate secretarial services, including filing annual returns, maintaining statutory registers, and holding board/shareholder meetings.
- Regulatory Compliance: Ensuring compliance with the Companies Act, 2015, Capital Markets Authority (CMA) regulations, and other sector-specific laws.
- Licensing and Permits: Assisting clients in obtaining business licenses, permits, and regulatory approvals from local and national authorities (e.g., NEMA, NCA, KEBS).
3. Commercial Contracts
- Contract Drafting & Negotiation: Drafting, reviewing, and negotiating a wide range of commercial agreements, including:
- Supply and distribution agreements
- Service level agreements (SLAs)
- Franchise and licensing agreements
- Confidentiality and non-disclosure agreements
- Memorandums of Understanding (MOUs)
- Contract Enforcement & Disputes: Advising on contract breaches, remedies, and representing clients in negotiations or litigation.
4. Mergers, Acquisitions, and Restructuring
- Legal Due Diligence: Conducting thorough due diligence on target companies.
- Transaction Structuring: Advising on asset sales, share transfers, and amalgamations.
- Drafting Transactional Documents: Preparing share purchase agreements, asset transfer agreements, and related documents.
- Regulatory Filings: Compliance with Competition Authority of Kenya (CAK) and other relevant bodies.
5. Dispute Resolution and Commercial Litigation
- Litigation: Representing clients in commercial disputes before the High Court, Commercial and Tax Division, and other relevant tribunals.
- Arbitration and ADR: Handling commercial arbitration, mediation, and negotiation.
- Debt Recovery: Enforcing judgments, securities, and commercial claims.
6. Foreign Investment and Cross-Border Transactions
- Investment Advisory: Guiding foreign investors on investment laws, repatriation of profits, and local content rules.
- Cross-Border M&A: Advising on regional and international mergers, joint ventures, and compliance with COMESA regulations.
- International Contracts: Drafting and reviewing contracts governed by foreign laws or involving international entities.
