PRACTICE AREAS

ENERGY, INFRASTRUCTURE AND NATURAL RESOURCES

Corporate / commercial, regulatory and capital markets issues arising from the energy and natural resources sectors. This includes transactional work as well as pure regulatory matters related to the application for licenses and compliance and enforcement issues with regulatory bodies. Mining and mineral exploration, including due diligence work, assistance with title matters and applications for mineral and mineral prospecting licenses, advice on royalties and other regulatory matters. Feasibility studies, financing and M&A in these industries.

CORPORATE AND M&A

Public company (including mergers, takeovers, and advice on potential affected transactions), private equity and venture capital, corporate governance, restructuring and insolvency.

CAPITAL MARKETS

Equity Capital Markets
Advice on equity offerings transactions such as initial public offerings, follow-on offerings, rights offerings, capital increases; as well as acquisitions and general compliance advice to listed entities.

Debt Capital Markets
Legal advice on investment grade debt offerings including stand-alone bond issues; listed MTN programmes, and convertible offerings.

Derivatives
Regulatory and enforcement legal advice regarding derivatives products, local law enforceability opinions, advice on standard options provided for in the ISDA documentation and structuring assistance from a local legal perspective.

BANKING AND FINANCE

Advice provided to borrowers and lending clients. General bank lending (including syndicated lending, structured finance and leveraged finance), project finance and refinancing issues. Drafting structured finance facility agreements, transactional advice on appropriate security (collateral) structures, drafting comprehensive security documents, advice and supervision of perfection requirements in respect of security under Botswana law.

FINANCIAL SERVICES

Banking compliance issues, drafting of facility letters, guarantees that reflect the recommendations of the Uniform Rules for Demand Guarantees issued by the ICC and general terms and conditions for various types of financial services; advice on non-bank financial institution regulation including insurance industry regulation pursuant to the establishment of new entrants; fund establishment, licensing and structuring.

PROJECTS

The development, financing, refinancing and acquisition / divestitures of large projects that arise from capital-intensive infrastructure and energy and natural resources sectors, for both government departments and the private sector in terms of PPP projects.

PUBLIC PROCUREMENT

Advice to corporations and government bodies on the acquisition of goods or services by governmental entities, procurement best practices, applicable local law and regulations and the drafting procurement documents and supervising procurement processes especially in terms of corporate finance, transactional services and/or large-scale projects.

COMPETITION LAW

Advice on competition law, on forms and procedures for notification of mergers and acquisitions, and advice on agreements which could be deemed collusive practices or practices which could be deemed abuse of a dominant position in Botswana.

PROPERTY LAW, COLLATERAL ARRANGEMENTS AND REGISTRATION OF SECURITY

Conveyancing, drafting sale agreements, drafting and negotiation of development agreements, deeds of transfer, drafting and registration of mortgage and notarial bonds, deeds of hypothecation, deeds of lease; advice, drafting and negotiation of collateral arrangements. The firm has considerable experience with development agreements in respect of Tribal Land and navigating and mitigating the legal risks in relation to major developments.

GENERAL COMMERCIAL LITIGATION

We offer a corporate and commercial litigation service that covers corporate litigation, corporate control issues, joint venture disputes and shareholder disputes as well as property disputes, both private sector and matters with the regulators. The emphasis of the firm is on thorough and detailed case analysis on complex matters where we can often achieve a result for our client without lengthy litigation but where we are fully prepared to take the litigious route if necessary. The key considerations are always what makes most commercial sense for our client in the circumstances.

GENERAL NON-CONTENTIOUS CORPORATE / COMMERCIAL LAW

Compliance advice, commercial contracts, sale of businesses and shares, asset sales, collaboration and joint venture agreements, incorporation and licensing of foreign multinationals that wish to establish a presence in Botswana, employment contracts, employment law handbooks for larger corporations, employment law advice.

TAX LAW ADVICE

Advice on applicability of Double Taxation Avoidance Agreements, basic tax law advice, and advice on the benefits of certification with the Botswana International Financial Services Centre.

DEBT RECOVERY

Whilst we can and do handle debt recovery matters, we only do this at the specific request of our corporate clients as we recognise that the great majority of law firms in Botswana can offer this service and we can best serve our clients by focusing on areas where we can bring specific expertise to the market.

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PRACTICE AREAS