Kalema Legal & Associates

Kalema Legal& Associates is a leading full-service independent law firmoffering you a full circle of legal services whether you are a local, regional or international client .Weadvise on high value complex cross border transactions involving the Democratic Republic of Congo and Republic of Congo.

Through partners firms and partners lawyers, We are present in the Francophone African countries, particularly in the countries members of the Organization for the Harmonization of Business Law in Africa (OHADA).

The firm serves clients in both French and English languages, responding in real-time to clients' requests-taking advantage of modern information technology infrastructure and are committed to delivering a quality work and complying with high standard ethical values.

Ourteam of Lawyersis composed of a majority of senior Lawyers, with comprehensive experience and specific strong expertise .

1. Practice areas

Banking & Finance

We advise and provide support on domestic and cross-border transactions in numerous areas ranging from acquisition finance and project finance (including infrastructure) to structure and trade finance.

Our team provides regulatory and compliance advice to banks and financial institutions, helping them from formation to operations and dealings. We regularly intervene on behalf of local and international banks, development finance and other financial institutions, corporate lenders, investment funds, project sponsors, operators, borrowers, guarantors and governmental and international organizations.

We offer expertise in various sectors and industries including expertise in mining energy, hydrocarbons, real estate, infrastructure, private equity, telecommunications and technology.

Corporate and Commercial

Corporate and Commercial is the core of our practice areas. We service a variety of clients ranging from multinational companies, banks, financial institutions on all aspects in the corporate sphere ranging from company formation, advisory work, legal opinions, due diligence, transaction closings and assisting our clients in common matters that turns a company daily life. Our expertise, availability and reputation mean that we are the principal advisor to the major players both in the domestic and international market.

Employment

We can provide a wide range of services including but not limited to general advice on employment laws, drafting and reviewing contract of employments, leading the whole process leading to the termination of an employee, including negotiations with trade unions, assistance in disciplinary proceedings and acting as counsel in court cases, if so required.

Mergers & Acquisitions

We have a wide range of experience advising on all aspects that in an M&A transaction. We take a team-oriented approach that frequently demands solutions across multiple legal areas of which the firm is able to provide. We are involved in both local and cross-border merger transactions. Our services include assisting in mergers (public and private), sales of assets business, sales of securities, equity and quasi equity investments, joint ventures. In addition to providing legal advice, our lawyers have the commercial knowledge to provide a seamless advice to assist our clients to achieve the best deal.

Litigation and Dispute Resolution

We are actively involved in various forms of dispute resolution available. We are regularly called upon at the early stages of dispute situations where we give robust advice to the clients’ legal position, the strengths and weaknesses of their cases and the most effective avenues to settle the dispute, whether by mediation, narrowing down of issues and expert determination or arbitration of remaining issues, or by court litigation.

We appear before national courts and have right of audience before the OHADA Common Court of Justice and Arbitration (CCJA) and other Arbitral and Mediation Tribunals.

Commercial Contracts

We advise and assist in the conclusion and development of commercial contracts as part of the day-to-day activities of the lawyers and experts in our law firm.

Our capacity extends to the most complex cases because of foreign elements that characterize the international commercial contracts.

In order to secure the interests of our clients, our expert lawyers in commercial law intervene and assist our clients not only during the conclusion of commercial contracts, but also in event of ligation with a co-contractor before national and international courts

Business Immigration

As immigration laws and procedures are constantly changing, businesses rely on experienced legal expertise to help navigate the complex systems of immigration laws, regulations and treaties in a timely manner. For most organizations, the key is the implementation of immigration strategies to reach desired business objectives.

We offer a wide range of strategic global immigration services and advice to meet the timely needs of domestic and multinational clients. From international organizations to small businesses, we efficiently and effectively coordinate and facilitate global immigration for executives, workers, investors, entrepreneurs and their accompanying family members.

Infrastructure Projects

Kalema Legal & Associates assists clients with legal issues arising from high profile infrastructure projects of all sizes and complexity from private projects to large and complex projects.

We assist contractors and sub-contractors with all legal issues relating to the construction process from land acquisition and project financing to post-construction claims settlement. This involves such matters as concession contracts, joint ventures, construction contracts, subcontracts, technology supply and license agreements, technical service agreements, project management agreements, operational management agreements, contract negotiation, formation and compliance, quality of work issues, competitive bidding, timeline issues and issues arising from payment or non-payment for work performed.

We provide advice to companies involved in the construction of power plants, housing estates and expansion of cement plant lines. We also have experience in reviewing and negotiating Engineering Procurement Construction (EPC) Contract Onshore/Offshore Contracts. We do this on a regular basis.

Project Finance

The law firm has vast experience in advising on legal matters relating to project structuring and development, financing, construction and other contract issues across every sector including power generation and transmission, hydrocarbons, mining, telecommunications, real estate and public-private partnerships amongst others.

We represent clients as well as multilateral and bilateral agencies in every type of transaction from complex international co-financings to capital markets-based projects.

With extensive experience gathered from bringing projects to completion, we provide business and strategic advice tailored to suit each client’s specific needs.

The law firm advises banks and companies on the structuring of major projects in the DRC. We handle complex financing transactions regularly.

We have extensive and varied transaction experience in the ever-changing regulatory, legal, tax, and business issues impacting our clients in these transactions. We have deep hands-on experience in M&A matters.

Tax Law

We have expertise in tax law in a broad range, that is, in the area of taxation and para-fiscal. We advise, assist and represent our clients before central and/or provincial tax authorities during the declaration and payment of dues and taxes, during tax or para-fiscal audits, as well as ligation relating both in administrative and jurisdictional phase. We also assist and represent them during fiscal and para-fiscal audits as well as in administrative and litigation proceedings.

We also advise and assist our clients on tax issues arising as a result of new investments, and operations such as the incorporation of joint ventures and mergers of companies, and the transfer of goodwill and the transfer of real-estate assets of the company.

Telecommunications and IT

We handle advisory and regulatory assignments in the telecommunications sector. Our lawyers are known for their ability to find practical solutions in this area of law.

Our services include advising on the legal framework for operating in this sector, ensuring compliance with the relevant laws and regulations and obtaining operational licenses in all areas of the telecommunications sector.

We serve clients in every sector of telecommunications, broadband and information technology industries including Wireless Service Providers, Broadband and Internet Access Service Providers, Wire line Telecommunications Service Providers, Information and many other Communications Services Providers.

Our corporate lawyers advise technology companies on a full range of corporate transactions and regulatory issues in the industry including M&A, Investment Agreements, Joint Ventures, disputes arising from IT contracts.

Energy & Natural Resources

Our law firm has developed a major practice in this area which covers the whole range of the energy and natural resources sectors including hydrocarbons, mining, electricity and power. We advise on regulations, development, acquisitions and disposals within the industry.

In the Mining sector, our law firm has far-reaching experience representing mining companies at all stages and in relation to all aspects of projects in the Democratic Republic of Congo. As licensed mining and quarries agent (Mandataire en mines et carrières), our lawyers represent mining companies involved in the extraction of all types of metals and minerals and suppliers to these companies such as service companies and heavy equipment vendors.

Legal Evaluation of Projects

Our law firm offers legal opinions and legal evaluation of projects including but not limited to: advisory opinions to investors, corporate bodies and financial institutions looking to finance projects or invest in specific economic or social sectors.

We advise to establish the compliance of corporate documents, permits, licenses, and authorizations with the applicable laws and regulations in the DRC.

We also assess risks that are likely to jeopardize or compromise the client’s interests in the project.