OUR EXPERTISE

Practice Areas

Our role in insolvency proceedings includes advising lenders to issue proper notices to their respective borrowers as prescribed by law (the Companies Act and Land Act), advising lenders on the possible measures that can be taken by borrowers in order to seek the intervention from courts of law to halt the insolvency proceedings.

We advise lenders on measures to take upon taking physical possession of the charged properties including taking the necessary security measures over the charged properties, carrying out an independent valuation of the charged assets, taking the necessary insurance over the charged properties, preparing request for proposals (RPFs) for the disposition of the charged properties and evaluating the bids.

We further advise lenders, banks and financial institutions on which bids meet the minimum requirement set by law on the disposition of charged properties and finally process the disposition of the charged asset as appointed Receivers/Managers of the secured properties.

We offer a number of services in this area, ranging from company formation (including for banks and financial institutions, insurance, construction and telecommunication companies all of which are independently regulated), company restructuring, joint ventures, mergers & acquisitions, to advising management on various regulatory matters depending on the sector of operation for that particular business.

We assist businesses in reviewing various trade, commercial and employment contracts and advise them on various aspects of the terms of clauses therein and the impact that these clauses may have to their businesses. We advise businesses on various practices and regulatory issues in their areas of operation. We also assist businesses in contract negotiations with their trade partners and Government agencies.

We also provide representation and advice to individual persons on estate planning and wealth management and structuring.

We advise our clients on a number of property and real estate issues ranging from conveyancing to leasing of real estate or movable property.

We develop conveyancing documents that are tailor-made to a particular transaction for the transfer of ownership from one party to another and, in the case of conveyance of real estate, our services include the preparation and lodging of land forms for filing at the lands registry, applying to the Tanzania Revenue Authority for the assessment of Stamp Duty, Disposal of Asset Tax (formerly Capital Gains Tax) and Value Added Tax on the building and other assets (if applicable).

We assist clients in their application for Right of Occupancy at the Ministry of Lands and Human Settlements and, for our foreign clients, Derivative Rights at the Tanzania Investment Centre. We advise clients on registration requirements for long term leases for real estate as well as developing lease agreements that are suited to their needs.

We advise employers on various labour and employment related issues including interpretation of the provisions of the Employment and Labour Relations Act No. 6 of 2004 and the Employment and Labour Relations (Code of Good Practice) Rules, 2007.

We assist clients in developing labour manuals suited for their business environment. We also advise our corporate clients on procedures related to disciplinary hearings and poor work performance as well as issue advice on termination procedures and employee benefits.

For some of our clients which are new to the Tanzanian business environment, we guide them through various obligations which they will have to their prospective employees and the Government as an Employer. For such clients, we assist them in understanding their obligations as Employers to remit to the relevant authorities, within the prescribed timeline, Pay As You Earn (P.A.Y.E), Social Security Benefits, Skills and Development Levy and City Service Levy.

Our Partners are arguably the most formidable team in the market in this practice area with each having at least five (5) listings on the Dar-es-Salaam Stock Exchange (DSE).

Our Partners have also worked on assignments involving listings on foreign stock markets where they supervised due diligence investigations and issued reports thereon on the Tanzanian subsidiaries of the foreign companies to be listed. We advise Arrangers, Guarantors and Underwriters, Issuers and institutional investors on listings at the DSE.

In our role as legal advisers on listings, we carry out an extensive due diligence investigations on the Issuer which goes beyond the requirements set out by the Capital Markets and Securities Authority. We assist in developing Prospectuses or, as the case may be, Information Memorandum for listing purposes and issue legal opinions on the transaction for inclusion in the offer documents.

We have an experienced M&A department that advises clients on a myriad of competition and anti-trust issues.

Our services include reviewing and advising agreements subject of the intended transaction (both for the acquiring and target company).

Our team assists clients in completing Fair Competition Commission (FCC) forms, issuing advice on whether the transaction will result in the acquirer having a monopoly in the market, assisting clients on notifications to the Fair Competition Commission and representing clients on hearings at the at the Fair Competition Tribunal.

At KG&P, we believe that ADR is one of the most efficient and reliable way for parties to resolve their differences.

We therefore encourage our clients to take advantage of this method of dispute resolution whenever possible. We see several advantages for our clients using this method to resolve disputes, for instance, it is much easier to manage timelines from the time of instituting proceedings to a decision or an award to be delivered by an Arbitrator.

Costs can be easily managed using ADR as a mechanism to resolve disputes between parties.

We advise banks and financial institutions, both local and international, on a number of issues including, the legal and regulatory regime necessary to carry out their activities in Tanzania and on complex syndicated lending transactions. We also assist them in drafting all types of loan documentation (loan/credit/facility/syndication agreements and security documents). 

We prepare and perfect security documents and allied documentation, such as, Debentures, Mortgages over Rights of Occupancy, Mortgages over Leases, Share Pledge Agreements, Corporate and Personal Guarantees, Chattels Mortgage and Security Sharing Agreements. 

We also advise borrowers on lending transactions whereby we assist them in regularizing statutory filings at the Companies Registry, reviewing the loan and security documents, and advising them on different approaches and options available to them to secure the intended loan facilities from banks or financial institutions, both local and international.

We offer a number of services in this area, such as, trade and service marks, patents and copyrights, starting from the application process, advertisement and publication to their registration, renewals and amendment.

We also assist clients in providing advice in matters incidental to this area, such as, the institutional framework for Intellectual Property Administration, the law and regulations concerning trade and service marks, patents and copyrights, as well as representation in matters of unlawful competition and infringement.

We have vast experience in all areas of non-profit law including, regulatory compliance, corporate governance and restructuring, charitable transactions and documentation, and entity set up selections. 

Over the years we have provided services to well established and respected local and international not for profit organisations who are in the health, education and welfare sectors. Our role in these types of services also includes advising our clients on tax, immigration, secretarial, labour and employment related issues.