AREAS OF PRACTICE

GENERAL REGULATORY ADVISORY AND COMPLIANCE LEGAL SERVICES

  • Promotion of business entities/registration of businesses
  • Supporting corporate business clients in fulfilling corporate compliances provided under the Companies Act and advising them on the implications and processes involved in that regard.
  • Undertaking merger and acquisition
  • Advising on various corporate matters and other legal issues
  • Corporate/commercial litigation.
  • Drafting all types of contracts.
  • Reviewing and opinion on various contracts to ensure that they comply with Tanzania legal requirements.
  • Handling transfer of shares generally including preparation of shareholders and joint ventures agreements
  • Doing company/land searches and other due diligence exercises.
  • Registration of trademarks and patents.
  • Advising on negotiation strategy from a legal point of view.
  • Acting as corporate conveyancers and sales agents of real property
  • Corporate litigation management.

BANKING AND LEASING

  • Preparation of security documents such as loan agreements, debentures, mortgage deeds, chattel transfer deeds, leasing agreements letter of hypothecation, equipment leasing and
    asset acquisition agreements
  • Handling the registration of the documents above (perfection of securities)
  • Undertaking receivership of properties and companies and liquidations (corporate recoveries)
  • Legal advisory services on banking law generally.
  • Land/company searches and other due diligence exercises.
  • Advice on foreign exchange regulations.
  • Debt collection on behalf of banks and other lenders.
  • Handling legal proceedings arising under the Banking and Financial Institution Act, 2006 such a petitions to transform a financial institution such as a petition to transform to a bank and petitions for affirmation of mergers, takeovers, and re-organizations.
  • Monitoring obstructive methods used by borrowers to frustrate recovery measures for instance by obtaining ex parte injunctions or using spouses to sue
  • Undertaking litigation arising from banking transactions.

LABOR/INDUSTRIAL RELATIONS LAW AND IMMIGRATION

  • Advising on various matters on employment, particularly on employment contracts and contractual requirements generally and their implementation, including the drafting of the said agreements.
  • Advising on appropriate procedure to be followed in disciplinary proceedings against the employees. The emphasis in this regard is to prevent successful post termination litigation by advising the proper way that termination should be undertaken and payment of terminal benefits and compensation to dismissed employees with a view to preventing unnecessary litigation.
  • Advising on redundancy and retreatment procedure.
  • Making appearances at CMA the High Court Labor Division and the court of Appeal on matters arising from Labour Laws.
  • Securing residence and working permits.

NATURAL RESOURCES LAW (OIL, GAS AND MINERALS)

  • Reviewing PSA and HCA agreements and other contracts to ensure that they are in compliance with Tanzania Legal regime regulating petroleum gas and mining industry.
  • Formulating and drafting agreements to form consortium for undertaking operational and implementation work for extractive industry.
  • Undertaking acquisition of various licenses in Oil, Gas and Mining industries, including renewal of some as required.
  • Undertaking litigation pertaining to natural resources law.

COMPETITION LAW

  • Undertaking procedural requirements under the competition law for merger and acquisition and other transactions of similar nature.
  • Process merger and acquisition both under the competition law and the Companies Act.
  • Undertaking various litigation arising from the Fair competition Act and its regulations.

REAL PROPERTY LAW

  • Providing input for the acquisition of land (real estate)
  • Consummating various real estate transactions by preparing documents necessary for the same and their perfection.
  • Processing partition and unit title transaction
  • Processing subdivisions.
  • Preparations and perfection of transfers.
  • Preparations and perfection of complex leases.
  • Preparation of construction joint ventures.
  • Review construction agreements of landed property.

REGULATORY COMPLIANCE

Apart from general company law compliances, the firm, based on the acquired knowledge and experience, shall focus on sectoral advisory services on regulatory matters. It shall provide support services on acquisition of sectorial licenses permits and necessary registrations.

This is crucial because, following liberation of the economy, several laws have been enacted to regulate specific sectors of the economy and provisions of services. The laws created agencies to regulate respective sectors specifically. The firm shall act as a link between respective regulatory agencies and the clientele in terms of compliance requirements. The clientele shall be categorized in clusters of practice as follows.

  • Agriculture, Fisheries, Forestry, Wildlife and Hunting and Environment.
  • Mining, Oil and Gas
  • Transportation, Aviation, and Communication.
  • Energy, Utilities, and Construction.
  • Tourism, Hospitality, Sports and Leisure
  • Health, Education and Professionals regulation
  • Banking, Insurance and Social Security
  • Non-Governmental organizations and Local embassies.
  • Governance and Government
  • Employment and Industrial relations

In addition to that the firm shall handle specialized litigation arising from the decision of regulatory agencies such as LATRA, EWURA, TICRA, the government procurement activities, TRA and the Competition Commission.

CHINESE/ORIENTAL INVESTORS SPECIAL DESK

There is no dispute that China is now an economic powerhouse having substantial surplus to invest abroad. In recent years we have witnessed a surge of Chinese business people coming to invest in Tanzania. Our experience has shown that Chinese investors have been facing a number of problems in that regard due to differences in legal systems between Tanzania and China in almost all aspects.

To guide the Chinese and other oriental investors the firm has prepared a booklet to provide guidance to Chinese Investors on establishing business in Tanzania, initial compliances generally and sectorial, immigration and residence permits, taxation generally common criminal offenses, requirements for sector-wise compliance, Environmental compliance, Labor Law requirement among others.

This shall help the investor to avoid hurdles that they may face in their business undertakings