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The firm

Kalema Legal & Asssociates is incorporated in 2017 by Mr Fulgence KALEMA . The proactive and ambitious team aims to provide highest quality, constant, tailor-made and practical legal solutions for its both local and foreign clients in all sizes and various sectors. Most of partners have been admitted since 1996.The firm has currently 2 partners and 5 associates.

The team has extensive knowledge and expertise in advising its clients specifically in complex legal issues including but not limited to infrastrure, energy & natural resource, project finance, corporate, litigation and tax matters.

The team is a trustworthy solution partner of its clients in consultancy and litigation matters and gives its advices and services based on analysing the legal issues through sector specific perspective and know-how. The team informs its clients about the legislative developments on a timely basis. The firm has alliances with international law firms across Europe, Asia, America and Africa.

Areas of practice

Banking and 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 organisations.

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

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.

Corporate and commercial: this practice division provides a comprehensive range of corporate and commercial services to our teeming clients. Lawyers in this division have at various periods in practice been involved in trans-border transactions ranging from Banking, Insurance, Project finance, Intellectual property, Telecommunication, Technology. 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.

Mergers and 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.

Infrastructure, energy and natural resources: transactions involving energy and natural resources continue to increase in the DRC, as international and domestic companies seek to develop and utilise available natural resources. Kalema Legal & Associates 's extensive knowledge and expertise render it as one of the preeminent energy and natural resource law firms in the DRC. With experience in the areas of energy and natural resources, and other sources of natural energy, our full-service team of energy lawyers has represented numerous organisations in exploring and developing these resources.

The team has acquired premier experience in electricity and regulatory matters and we provide legal representation and advice at all level and every aspect of the industry. Our team is strategically positioned to handle complex transactions within mining and energy industry in the DRC.

Litigation and dispute resolution: at Kalema legal & Associates, we recognize that with the expansion of business across various frontiers, commercial disputes now require the application of more complex and innovative solutions. Resolving our clients' disputes, either through litigation or arbitration with limited financial exposure to our client is of paramount importance to us.

Members of our Litigation and Dispute Resolution Division guarantee a realistic assessment of every case together with the best strategy to achieve a positive result for our clients.

Members of this team have received extensive training in arbitration from reputable international dispute resolutions institutions and have handled a wide range of disputes in various aspect of the Congolese economy ranging from insolvency, debt recovery, mining, electricity, insurance, banking, intellectual property, labour and employment, companies winding-up, real estate, matrimonial causes and secured credit transactions.

Infrastructure, energy and natural resources: Kalema Legal & Associates is one of DRC s' few leading law firms housing a team of lawyers fully specialised in in infrastructure, 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.

Fulgence 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.

Corporate and commercial: our firm's corporate and commercial law practitioners advise on every phase of a company's establishment and growth, such as incorporation, capital financing, licensing and commercial agreements, public and private securities offerings, mergers & acquisitions and day-to-day company representation. Our firm establishes close working relationships with its clients and provides professional advice by considering their needs and the specifics of their industries. Preparing tailored full due diligence or executive reports depending on the needs of the clients, drafting, negotiating and reviewing share purchase and shareholders' agreements, obtaining all necessary permits and accomplishing closing transactions are fulfilled by our firm.

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.

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.

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.

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.

Litigation: our firm's dispute resolution team has extensive experience in providing assistance to sector leading businesses, operating both locally and abroad, in all aspects of preventing disputes and aiming to resolve issues prior to trial. Our lawyers collaborate with clients and their counterparts to identify and execute the most advantageous business-oriented solutions, either by pursuing or by defending in litigation proceedings, or through alternative methods such as mediation. Our approach is to help our clients avoid litigation wherever possible. When litigation is unavoidable, we discuss with our clients their objectives and evaluate the legal, commercial, reputational risks involved. We proceed on a basis tailored to our clients' needs in line with our team's experience. We represent international and local clients in high-level disputes before commercial, employment, administrative, tax, administrative and criminal courts and appeal processes.

Languages French

Other offices Kinshasa

Number of lawyers9

Above material supplied by KALEMA LEGAL & ASSOCIATES LAW FIRM.

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