Investment Law
With regard to finance, Elite Law Firm supports, advises, and assists its clients in the negotiation and drafting of contracts, and procedures before public administrations involved in international investments.
Elite Law Firm also advises and assists its clients with national agencies or administrations that guarantee and promote investments, in particular in preparing and defending the approval of their projects as well as in facilitating their access to tax, customs and foreign exchange benefit and privileges organized by the investments code or the law on the collaboration agreement.
Elite Law Firm’s lawyers have assisted companies such as Tristar Sprl to be approved and benefit from the advantages of the Investment Code, SICOMINES SA as well as SICOHYDRO SA in the Busanga project which should lead to the construction of a hydroelectric dam in the DRC and should benefit from the fiscal, para-fiscal and special investment regime enshrined in the collaboration agreement signed between the DRC and Chinese companies.
Elite Law Firm assists its clients who are registered under the investment code and charter regimes in the implementation of their projects with respect to their obligations towards the State, including the creation of Congolese subsidiaries of foreign companies; the registration of companies with the Employment Administration and the Tax Administration; and the obtaining of authorizations and licenses required for the exercise of their activities.
Furthermore, Elite Law Firm advises its clients and assists them in the settlement of disputes and litigation resulting from the interpretation or implementation of the provisions of the investments code.
In general, Elite Law Firm assists investors by conducting due diligence for its clients prior to any legally secure investment.
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Transactions
For the purpose of carrying out certain transactions (acquisition of stakes in existing companies, acquisition of new projects) or financing projects in various economic or social sectors, Elite Law Firm performs legal assessments of the projects at hand for the acquiring or participating companies as well as for the institutions interested in financing projects. These assessments generally consist of certifying the compliance with the laws and regulations in force of the corporate documents, licenses, permits or authorizations of any kind that allow the implementation of activities in the state where the project is located.
Elite Law Firm also verifies the authenticity of the aforementioned documents and titles with the authorities that issued and/or kept them. At the same time, Elite Law Firm verifies the existence or absence of any litigation (common law, tax or other) in connection with the project concerned.
Based on the findings of the investigations and evaluations, Elite Law Firm identifies, according to their degree of importance, legal problems affecting the project’s assets and securities or that may affect the completion of the transaction under the maximum conditions. Elite Law Firm advises and assists its clients in solving legal problems and in drafting and implementing documents, contracts and other legal acts necessary for the realization of the transaction, including minutes of general meetings of companies, minutes of management decisions, loan agreements, mortgage agreements (land, mining or other), pledge agreements or pledges of shares and stocks, as well as in settling certain disputes that may jeopardize the financing of the project or the acquisition of interests in the project concerned.
Elite Law Firm’s experts have provided legal assistance on :
- Advice and assistance to a South African hotel group in the preparation, submission and defense, and obtaining the approval by the National Agency for Investment Promotion (ANAPI) of the construction file of a real estate complex with the benefits of the Investment Code;
- Advice and assistance to the Chinese consortium in the negotiation of the terms, advantages and conclusion of the collaboration agreement between the said consortium and the government of the DRC;
- Advice and assistance to various clients in the preparation and submission of applications for approval to the advantages of the Investment Code and/or the law on collaboration or cooperation agreements.
