AQUEREBURU & PARTNERS > Lomé, Togo > Firm Profile

AQUEREBURU & PARTNERS > Firm Profile

The firm: AQUEREBURU & PARTNERS, legal and tax law firm, located at 777 Avenue Kleber DADJO (Immeuble ALICE), in the heart of the commercial area,  is a multidisciplinary firm with the professional experience of its team, and having a rich and solid base.

Indeed, AQUEREBURU & PARTNERS is the result of the transformation of the firm of Mr Alexis Coffi AQUEREBURU, created in 1985. Listed on the Registry of the Bar Association of Togo since April 04, 2007, AQUEREBURU & PARTNERS employs seven (07) Barristers, one (01) senior tax solicitor, one (1) senior public law solicitor, three (3) solicitors, one (1) legal assistant translator and more than twenty collaborators.

It puts its know-how at the disposal of its clients both in the sub-region and in Europe, relying if necessary on a network of correspondents and confirmed consultants.

In order to better achieve our goal of total satisfaction for our clients, the firm has been committed since August 12^th, 2005 in the process of ISO certification which ended on May 18^th, 2010 by its certification to ISO 9001 version 2008 renewed on April 30^th, 2015. On May 25^th, 2018 it successfully migrated from version 2008 to version 2015 of ISO 9001.

AQUEREBURU & PARTNERS is also the laureate of the Quality Excellence Awards   of TOGO and   UEMOA   in 2010. Its commitment to the Quality approach allows it to aspire and to claim a high degree of satisfaction from its national, regional and international clientele. That is what made it earn the distinction of the winner of the prestigious Award   “WORD QUALITY COMMITMENT”   Gold category   that he was awarded during the month of October 2016 in Paris by   the International Business Initiative Directions Organization (BID).

The company has nine (09) different departments namely   :

1. Bank-finance and taxation
2. Commercial and civil law
3. Social law and arbitration
4. Correctional
5. Maritime law and intellectual property
6. Applications and administrative procedures
7. Sport and health law
8. Real estate
9. Training

The activities of these different departments cover a wider range of: tax and business law, administrative law, commercial law, maritime law and transport law, sport law, corporate law, banking law, insurance law, community law, social law, environment law, criminal law, intellectual and industrial property law.

Maître Alexis Coffi AQUEREBURU, former chairman of the Togolese Bar Association and managing partner of the firm, is a chartered representative to the African Intellectual Property Organization (OAPI).

AREAS OF LEGAL PRACTICE
International litigation and arbitration: Advice to public and private enterprises and to governments with respect to major international litigations and international arbitrations (CIRDI, CCI, CNUDCI).

Banking and financial law:  Advice to lenders in line with international syndicated loans. Drafting of international contract for the acquisition financing of professional equipment. Advice and assistance to banking and financial institutions regarding operational modalities of their activities at national and international levels.

Civil law: Family and successions law.

Commercial law: Commercial leases:

The expertise of the firm in commercial leases covers mainly the following areas:

• Negotiation and drafting of contracts,
• Litigation on execution and termination of leases
• Commercial contracts
• Commercial pledge, transport contract, commercial agency contract, sale commission contract, concession contract, franchise contract, commercial cooperation, etc.

Distribution / competition: Advice and assistance to companies in all aspects:

Consumer law

Competition law: Preventive audit and advice in anti-competitive practices (arrangements, abuse of dominant position, deregulated sectors),

Advice in concentrations control.

Assistance and representation during investigations by authorities in charge of regulating competition, in Togo and in the sub region.

Consumption law: Legal advice and assistance in advertisement (deceitful, comparative, regulated advertisement, purchase of advertising space), promotional programs (lotteries tests, sales with prizes).

Distribution law: Negotiation, preparation and monitoring of contracts.

Implementation of distribution network in Togo and Africa.

Counselling on product regulation.

Intellectual property law: Litigation and registration of patents proceedings, industrial designs, utility models, products and services marks, trade names.

Health law: Advice and legal and judicial assistance to members of the medical profession, patients etc.

Social security law: Information on your rights: social security and pension contributions, etc.

Industrial accident and its consequences on employment contracts.

Procedure before labour inspection and labour court.

Environmental law: In environmental matters, we offer the following services:

• Environmental consultation
• Environmental impact study
• Environmental litigation

OHADA and WAEMU law: Consultations on various issues raised by the implementation of the OHADA reform. Drafting of international contracts subject to the OHADA uniform acts. Implementation of guarantees falling within OHADA collateral Law. Putting in place of arrangements requiring the taking into account of the WAEMU foreign exchange regulation, the banking law and stock exchange law of WAEMU. Advice to companies initiating innovative transactions on the Regional Stock Market.

Insurance law: Advice on legal aspects of all types of insurance and reinsurance required by your activities.

Litigation in relation with this matter.

Corporate law: Setting up of a company, choice and amendment of Articles of Association.

Legal audit of companies (due diligence etc.), review of securities.

Telecommunications and technologies of information law: Consultations for the benefit of clients in negotiating and obtaining mobile phone operating licenses and any other matters relating to communication technologies.

Sports law: Assistance of clients in disciplinary proceedings before the national courts, of the Confederation of African Football (CAF) and the Court of Arbitration for Sport (CAS).

Drafting commitment agreement to players and coaches.

Drafting of the statutes and regulations of the federations and clubs.

Maritime law: The firm provides assistance to commercial and leisure ship owners, p&i clubs, consignment agents, files managers, insurers and more generally all professionals of sea transports. Chartering, commission, customs, ship funding, ship registration.

Business criminal law

General criminal law: Advice and assistance to companies and their managements: Breach of corporate and labor laws, economic, industrial and financial regulations, criminal responsibility of legal entities and manager.

Social law: Expertise on the overall working relationships, individual or collective on the one hand, and on the other hand on the management of social implications of strategic decisions of companies.

Study and search for funding: Projects review, search and negotiation of funding.

Training:  With its expertise and experience, AQUEREBURU & PARTNERS offers, in judicial as well as legal, seminars and training intra-companies, inter-companies and general public.

Mergers and acquisitions: Advice to companies during their restructuring exercise and mainly in line with internal and international mergers acquisitions. Advice to sellers or buyers in acquisition transactions both in Togo and abroad. Supervision of due diligence teams. Preparation of due diligence reports. Drafting and negotiation of contractual documentation. Drafting and negotiation of exclusive negotiation rights agreements. Audits of consulting firms, various contracts drafting.

International investments and major projects: Drafting of establishment convention. Investment codes schemes. Consultations on various issues of public and private law. Concessions regime.

Privatisations and public enterprise law: Legal system governing total or partial privatizations, transfers of substantial public enterprise assets both in TOGO and abroad. Legal system of public enterprises (including Public Establishments and Semi-public Companies).

Advice to governments, applicants and investment banks during the privatization of industrial and commercial public service or concessionary public enterprises (water, electricity, and telecommunications).

Insolvency procedures and prevention of difficulties:  Areas of intervention:

• Insolvency procedure law, voluntary arrangement, preventive settlement, receivership, liquidation of assets for private as well as public enterprises.
• Assistance in the relationships with administrators, liquidators or representatives of creditors.
• Assistance to managers in legal actions requesting them to make up for the company’s liabilities.
• International bankruptcy law.

IN TAX MATTERS
The department offers the following services:

• Tax advice
• Tax audit
• Tax and real estate assistance
• Tax optimisation

Tax advice:  Tax management of your company requires adequate tax information. Our firm gives you the possibility to choose among various tax options, taking into account the following:

• Tax legislation in force,
• Various advantages resulting from new tax law,
• Analysis of the specific operating conditions of your institution,
• Assessment and review of tax risks.

Tax audit: Tax audit of the company deals with the management of the company in conformity with substantive rules governing corporate taxation.

The company is regularly confronted with its natural contradictor which is the tax administration. To avoid the tax control procedure from producing an unfortunate result, the tax audit of your institution allows you:

• to protect yourself against possible tax adjustments,
• to appreciate the risk incurred by you institution,
• to clarify the tax situation of your company,
• to provide you with relevant information

Tax and real estate assistance
Tax assistance: Tax verification procedure follows precise and complex rules that need to be well understood. To better defend your interests, AQUEREBURU AND PARTNERS Law Firm, specialized in tax matters will assist you in the following cases:

• Assistance during tax controls,
• Assistance in the establishment of tax statements,
• Tax representation (domiciliation),
• Assistance during litigation procedures,
• Assistance for various tax issues,
• Contacts and intermediations with various entities for settlement of tax problems.

Assistance in real estate and cadastral affairs: Land use has a specific organization in margin of tax laws, and so AQUEREBURU & PARTNERS offers various services in this specific area:

• Management of estate taxation,
• Filing and follow up of applications for land title,
• Processing of land files (registration, merging, land partition, mortgage).

Tax optimisation: Corporate management has to take into account the various taxes payable by the company depending on its activity.

The tax administration is therefore a difficult partner that the company must consider as a liability item. In this regard, for a good profitability, the company must see to paying less tax possible without breaching tax laws in force.

OUR FEES
Our firm has a commitment to transparency with regard to determining the amount of his fees. It is important to note that:

• the fees are freely determined;
• they are fixed by agreement between our Firm and the client;
• the agreement will preferably be in the form of a fee agreement or a written mission letter
• in case of fee dispute, the dispute shall be submitted in accordance with the laws in force, to the President of the Bar of Lawyers of Togo.

ACTION ZONE
The firm operates throughout the entire territory of TOGO, in all the countries of the OHADA zone, C IMA and in France before all courts.

EXAMPLES OF RECENT INTERVENTIONS

• Assistance in Due Diligence to a pool of foreign banks in connection with a Eurobond transaction worth US$ 500m;
• Assistance in Due Diligence to an agency of the American government within the framework of a grant agreement to the Togolese State;
• Assistance in matters of Due Diligence to a foreign investor within the framework of the signature of a loan agreement with an economic operator having its headquarters in Togo;
• Constant legal assistance to a company specializing in biofuel and renewable energy;
• Tax advice on an investment agreement drawn up between a group of companies and the State;
• Assistance during a search financing;
• Assistance for the registration of trademark and trade name at OAPI
• Assisting companies in the context of redundancy for economic reasons procedures;
• Assistance for the dissolution of a company;
• Drafting of a share subscription agreement and review of the shareholders’ agreement;
• Legal opinion on the increase of the share capital by offsetting with the receivables;
• Issuing legal opinions on UEMOA texts;
• Opinion on sharing of port rights of passage;
• Review of bank guarantees on behalf of an international financial institution;
• Legal assistance in a fundraising mission to Africa;
• Legal and judicial assistance to companies in various procedures for the protection of the brand of their products;
• Legal opinion to a public limited company on the application of the code of public contracts and delegations of public services;
• Audit mission of securities taken by an international financial institution to cover its credits;
• Legal assistance to a Community Airline in the context of the finalization of a lease of aircraft;
• Tax audit of financial institutions as part of the privatization process;
• Tax assistance to a parent company in connection with a transfer of shares between two of its subsidiaries;
• Legal assistance to an international law firm on Togolese legislation (tax law, social law, commercial law, exchange law) in relation to various investment projects, contracts for the supply of goods and services benefiting to foreign companies in Togo;

THE REFERENCES OF AQUEREBURU & PARTNERS
Those who have already trusted AQUEREBURU & PARTNERS:

• National and international financial institutions
• Various national and international commercial companies
• International law firms and societies
• Service delivery companies
• International organizations around the world
• US Government agencies
• Various chancelleries

NETWORK OF CORRESPONDENTS AND REFERENCES OF AQUEREBURU & PARTNERS
Our correspondents: In order to meet the cross-border legal needs of its clients, the company has forged close working relationships with the following international law firms and law firms.:

• Clifford Chance
• Eversheds LLP
• Deloitte & Associes
• Jeantet Associes AARPI
• De Gaulle Fleurance & Associes
• DS Avocat

PARTNERS
Alexis Coffi AQUEREBURU
Former Chairman of the Bar Association of Togo
Chartered representative to the African Intellectual Property Organization (OAPI)
Postgraduate Diploma in International Environmental Law (DIE)

Claude Folly ADAMA
Graduated Tax Inspector
Tax Adviser for Companies
Diploma of Advanced Studies in Law (DEA)
Lecturer of Tax Law at the University of Lomé and at UCAO

ASSOCIATES
Kossi Apow BAKOH

Pierrette GUILLAUME GAYIBOR
Former President of the Judicial Chamber Of the Supreme Court

Annie A. GBADOE-DECKON
Specialised Postgraduate Higher Studies Diploma in Insurance Law and responsibility
University degree in 3rd Cycle in international business litigation

Alphonse Natè GAKOTO

 Romain A. Sékpona AFANOU

CONSULTANTS
Akouété PEDRO SANTOS
Associate professor and former dean of the Faculty of Law of the University of Lomé

Côme TETE
Human Resources Policy and Change Management
Audit of functions and formalization of processes
Social engineering and redeployment
Organizational strategy and managerial techniques

AMOUSSOU Comlan D. Edmond
Master of Management
Consultant in Human Resources Management and Management