19th Ave New York, NY 95822, USA
CORPORATE, COMMERCIAL, COMPETITION & TAX

Africase Attorneys provides a range of legal services related to international Corporate matters to help clients navigate the complex legal and regulatory issues involved in doing business across borders.

1. Business Formation and Structuring:

  • Advising on the choice of entity and jurisdiction for setting up a business
  • Preparing and filing incorporation documents, such as Articles of Incorporation or Memorandum and Articles of Association
  • Advising on the compliance requirements for doing business in foreign countries
  • Drafting shareholder agreements, joint venture agreements, and other corporate agreements
  • Advising on corporate governance matters, such as board structure and composition, director duties, and shareholder rights
  • Conducting due diligence on potential partners or acquisition targets

2. Mergers and Acquisitions:

  • Advising on legal and regulatory issues related to cross-border mergers and acquisitions (M&A)
  • Conducting due diligence on potential M&A targets
  • Drafting and negotiating M&A agreements, such as share purchase agreements, asset purchase agreements, and merger agreements
  • Advising on antitrust and competition law issues in M&A transactions
  • Assisting with post-merger integration and reorganisation

3. Corporate Finance and Securities:

  • Advising on international securities offerings, such as initial public offerings (IPOs), secondary offerings, and private placements
  • Drafting and negotiating underwriting agreements, subscription agreements, and other offering documents
  • Advising on securities law compliance, such as disclosure requirements and insider trading restrictions
  • Assisting with corporate finance transactions, such as debt and equity financing, project finance, and asset-backed securities

4. Corporate Governance and Compliance:

  • Advising on compliance with local and international laws and regulations, such as anti-bribery, anti-money laundering, and data protection laws
  • Drafting and implementing corporate policies and procedures
  • Conducting internal investigations and responding to regulatory inquiries
  • Assisting with board and shareholder meetings, including drafting meeting notices, agendas, and minutes

Africase Attorneys provides a range of legal services related to international commercial matters to help clients navigate the complex legal and regulatory issues involved in conducting cross-border commercial transactions.

1. Commercial Contracts and Agreements:

  • Drafting and negotiating commercial contracts, such as distribution agreements, supply agreements, and service agreements
  • Advising on international trade issues, such as customs and export controls, trade sanctions, and anti-dumping measures
  • Advising on intellectual property issues related to commercial agreements
  • Assisting with dispute resolution and enforcement of commercial agreements

2. International Trade:

  • Advising on compliance with international trade regulations, such as World Trade Organisation (WTO) rules and free trade agreements
  • Advising on import/export regulations, including customs clearance, licencing, and labelling requirements
  • Assisting with trade remedies, such as anti-dumping and countervailing duty investigations
  • Advising on trade finance, such as letters of credit, bank guarantees, and trade credit insurance

3. E-commerce:

  • Advising on legal issues related to e-commerce, such as online contracting, consumer protection, and data protection
  • Drafting and negotiating e-commerce agreements, such as website terms of use and privacy policies
  • Advising on online marketing and advertising regulations, such as the EU General Data Protection Regulation (GDPR) or the U.S. Federal Trade Commission Act (FTC Act)
  • Assisting with domain name disputes and online brand protection

4. Transportation and Logistics:

  • Advising on legal issues related to transportation and logistics, such as carrier liability, freight forwarding, and cargo insurance
  • Drafting and negotiating transportation and logistics agreements, such as bills of lading, air waybills, and warehouse receipts
  • Advising on international air and maritime regulations, such as the Montreal Convention and the International Maritime Organisation (IMO) conventions
  • Assisting with transportation and logistics disputes, including cargo loss and damage claims

Africase Attorneys offers comprehensive legal services to assist clients in navigating complex competition law issues and complying with applicable competition law requirements.

1. Merger control: Africase advises clients on the competition aspects of mergers and acquisitions, including assessing whether a merger is likely to result in a substantial lessening of competition and whether a merger needs to be notified to competition authorities.

2. Antitrust compliance: Africase assists clients with developing and implementing antitrust compliance programs, including providing training to employees, developing policies and procedures, and conducting audits.

3. Cartel investigations: Africase represents clients in cartel investigations by competition authorities, including defending clients against allegations of collusion, bid-rigging, price-fixing, and market sharing.

4. Abuse of dominance: Africase advises clients on competition law issues related to dominant market positions, including advising on whether a dominant position exists, and if so, whether the conduct in question is abusive.

5. State aid: Africase advises clients on issues related to state aid, including assessing whether a measure constitutes state aid and whether it is compatible with the internal market.

6. Litigation: Africase represents clients in competition law litigation, including private damages claims and judicial reviews of competition authority decisions.

7. Competition law compliance in contracts: Africase assists clients in drafting and negotiating agreements, such as distribution agreements, licencing agreements, and joint venture agreements, to ensure compliance with competition law.

8. Competition law compliance in transactions: Africase advises clients on competition law aspects of transactions, including conducting due diligence and preparing competition filings.

9. Competition law and intellectual property: Africase advises clients on competition law issues related to intellectual property, such as licencing and patent disputes.

10. Public procurement: Africase advises clients on competition aspects of public procurement, including compliance with procurement rules, challenging procurement decisions, and representation in procurement disputes.

Africase Attorneys provides a range of legal services related to international tax matters to help clients navigate the complex tax issues involved in cross-border activities, comply with international tax regulations, and manage tax risks and disputes.

1. Cross-Border Tax Planning:

  • Advising on tax-efficient structures for cross-border transactions, such as mergers and acquisitions, joint ventures, and reorganisations
  • Advising on international tax treaties and their application to clients’ cross-border activities
  • Advising on transfer pricing and related-party transactions
  • Advising on tax implications of cross-border employment and expatriate arrangements

2. International Tax Compliance:

  • Assisting with international tax compliance requirements, such as FATCA, CRS, and CbCR
  • Preparing and filing tax returns in multiple jurisdictions, including corporate income tax, value-added tax, and withholding tax returns
  • Assisting with international tax audits and disputes

3. Tax Controversy and Litigation:

  • Assisting with tax controversy and litigation, such as appeals, negotiations with tax authorities, and tax litigation
  • Advising on tax disputes involving transfer pricing, permanent establishments, and other cross-border tax issues
  • Representing clients before tax authorities and courts in multiple jurisdictions

4. Cross-Border Estate and Wealth Planning:

  • Advising on cross-border estate and wealth planning, including wills, trusts, and succession planning
  • Advising on international tax implications of personal investments and wealth management structures
  • Assisting with cross-border charitable giving and philanthropyHaut du formulaire

Africase Attorneys is an international economic law firm specialised in cross-border transactions, litigation and arbitration across Africa.
For decades, our international advocates developed an in-depth understanding of Africa and are working in the major capitals of Africa.
We aim at providing first-class and innovative legal solutions to our international clients including international corporations, NGOs, public
institutions and States, international organisations, as well as local clients for their international transactions or interactions
with foreign people and entities.