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An overview of the diversity and complexity of the matters handled by the firm, for businesses, investors and institutions in the Democratic Republic of Congo and across the OHADA region.
In strict compliance with professional secrecy and client confidentiality, the matters presented below are described on an anonymised basis. No information disclosed allows a client to be identified without their express consent.
Review of a credit agreement granted by a multilateral financial institution, legal opinion on the capacity of a Congolese guarantee company, and drafting, notarisation and registration of a deed of assignment of receivables as security.
Due diligence, negotiation and drafting of a partnership agreement between an international investor and a Congolese mining company, culminating in the creation of a joint venture company for exploration and exploitation.
Review of a technical services agreement for geological exploration works, followed by drafting of a joint venture agreement covering an exploitation permit for lithium, coltan and wolframite in Tanganyika Province.
Incorporation, corporate renaming, regulatory support in applying for an infrastructure licence, and a successful court petition for an extension of time to hold the client's Annual General Meeting.
Incorporation and regulatory support before the Civil Aviation Authority, followed by an amendment to the company's articles of association to expand its corporate purpose to ground freight transport.
Representation of a public mining cadastre authority in several interim relief proceedings challenging the revocation of research permits, resulting in confirmation of the regularity of the contested administrative decisions.
Obtained, before the Council of State, the suspension of the delivery of property titles over several hundred plots located within the perimeter of an exploitation permit, pending a decision on the merits.
Obtained the lifting of a garnishee order over the bank accounts of a public institution, on the basis of Article 30 of the OHADA Uniform Act on Simplified Recovery Procedures and Enforcement Measures.
Incorporation of a company under OHADA company law, followed by preparation of the regulatory file and successful application to the Central Bank of Congo for a licence to operate digital financial services.
Analysis of the legality of a loan agreement for the financing of essential goods, the capacity of the contracting authority and the parliamentary ratification process, with representation before the competent authorities.
Restructuring of a company's shareholding to comply with regulatory requirements for majority Congolese ownership in the subcontracting sector, including amended articles of association and trade register filings.
Obtained, on appeal, the resolution of a composition/moratorium that the opposing party was using to delay payment of a services debt, on the basis of the OHADA Uniform Act on Collective Proceedings for the Discharge of Liabilities.
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