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 on agreements subject of the intended transaction (both for the acquiring and target company). Our team assists clients in completing 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 Fair Competition Tribunal.
Property and Real Estate Practice
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 landforms for filing at various Lands Registries in Tanzania, 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 applications for the 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.
Company Secretarial Practice
We offer company secretarial services to clients in different sectors. Our role as Company Secretary includes issuing necessary notices for board and shareholder meetings, recording board and shareholders minutes and circulating them for approval before signing, preparing extract resolutions, keeping and updating the register of members, directors, and charges, issuing share certificates to registered members and keeping in safe custody our clients’ share certificate books. We attend to all statutory filings as prescribed under the Companies Act (as amended from time to time)
including filing Annual Returns, filing forms with respect to changes in directorships and physical addresses for our client’s offices, filing forms with respect to allotments and increase in share capital, among others.
Labour and Employment Law Practice
We advise employers on various labour and employment related issues including interpretation of the provisions of the Employment and Labour Relations Act (as amended from time to time), the Employment and Labour Relations (Code of Good Practice) Rules of 2007, the Employment and Labour Relations (General) Regulations of 2017 and the Workers’ Compensation Regulations of 2016. 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 that 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.
We also advise our clients with employees who are not citizens of the United Republic of Tanzania on their obligations under the Non-Citizens (Employment Regulation) Act of 2015 (as amended from time to time) and the Non-Citizens (Employment Regulation) Regulations 2016, as well as the Immigration (Visa) Regulations of 2016.
Our Labour and Employment Law team also assists employers in applying for Work and Residence Permits, preparing necessary return forms for the Labour Commissioner and Immigration Department, and compiling relevant information required in developing their respective succession plans. We have recently been advising a number of clients on the local content requirements which have been enacted into law in various sectors. This advice also includes the requirements for having quarters for Tanzanian employees and training thereof.
On specific assignments, we enlist our team of Human Resource practitioners to review, amend, and develop job descriptions and respective key performance indicators for particular roles within an organization.
Alternative Dispute Resolution (ADR) and Litigation Practice
At KG&P, we believe that ADR is one of the most efficient and reliable ways 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 represent clients at various adjudicating bodies such as the Court of Appeal, the High Court (at various divisions), the Resident Magistrates’ Courts, the Commission for Mediation and Arbitration, the Fair Competition Tribunal, the Tax Appeals Board and Tax Appeals Tribunal.