PRACTICE AREAS

Corporate and M&A solutions

Africa Legal Consulting provides a full range of corporate law services from complex advisory services related to major business life events (including advising in restructuring and M&A processes) through to general secretarial services. In addition, Africa Legal Consulting advises both national and international companies and groups in the following areas related to Corporate and M&A:

•    Corporate law
•    Corporate compliance
•    Corporate reorganizations
•    National and cross-border mergers
•    Shareholder agreements
•    Family protocols
•    Acquisitions, divestitures and joint-ventures
•    Private equity and venture capital
•    Legal purchaser and vendor due diligence
•    Post-merger integration activities and legal entity reduction

Regulated industry solutions

The business environment for regulated industries is increasingly being affected by international and national regulations that demand specialized knowledge. Regency Legal Services can bring that knowledge to help public and private clients operating in regulated sectors such as:

  •  Banking
  •  Insurance
  •  Telecommunications
  •  Transportation
  •  Life sciences
  •  Healthcare
  •  Energy
  •  Agriculture
  •  Construction
  •  Défense
  •  Postal services

As regulated industries require in-depth experience from both a business and legal perspective, Regency Legal Services works alongside other professionals with specialized experience in tax, consulting, accounting, and financial advisory to deliver practical advice from multiple viewpoints.

Our services span a range of legal competencies including development grants and permits, corporate transactions, real estate and planning, government relations, environment and litigation, with a specific focus on:

  •  Regulatory requirements
  •  Reorganizations and restructurings
  •  Transacting with public sector entities

Regulatory requirements

Regulatory requirements and regulatory change often coupled with more demanding business needs are seen as major challenges to growth.

Regency Legal Services advises business worldwide in industries such as banking, insurance, construction, healthcare, telecommunications, postal services and transport and assists them in licensing, permitting and compliance matters. We also monitor and report on national and international legislative and policy developments and devise compliance programs tailored to individual client needs.

Reorganizations and restructuring in regulated industries

As a result of the current economic situation, reorganization and restructuring are high on the agenda of many businesses. These activities are particularly complicated when operating in a regulated environment and require specific industry or sector knowledge and expertise.

Regency Legal Services has extensive experience in the restructuring of businesses in regulated industries, particularly in the financial sector. Regency Legal Services assists private companies both with restructuring and reorganization in insolvency proceedings.

Regency Legal Services has practical and in-depth experience in corporate acquisitions in different industries. In addition to corporate restructurings, we also advise business with other aspects of optimizing corporate legal processes.

Transacting with public sector entities

Over the past several years, public spending has been one of the main drivers of economic growth and development and has been rising steadily in many countries worldwide. In jurisdictions where this remains the case, the public sector is seen as a priority for many private businesses. Dealing with public entities requires a solid understanding of their operational landscape, of how public sector entities function, and of the impact of regulations on the collaboration with, between and within such organizations.

Africa Legal Consulting advises both public and private entities in setting up various forms of public-private collaborations including cooperation agreements, public procurement, concessions and outsourcing of public services as well as setting up public-private partnerships

Tax controversy solutions

Lawyers from Regency Legal Services routinely work closely with other professionals.  It is this combination of legal, business, tax, and compliance knowledge that enables Regency Legal Services to provide businesses with a cohesive perspective, enabling companies to make informed business decisions at any stage of the tax controversy cycle.  Regency Legal Services proactive insights can help provide a foundation on which to build and implement forward-thinking tax controversy resolution strategies.

Tax audit strategy and consulting

For companies looking to proactively structure their systems and processes to minimize tax controversy risk, Regency Legal Services has extensive experience in multiple jurisdictions.  With an in-depth understanding of the internal processes and procedures of regulators and authorities, Regency Legal Services lawyers and tax controversy specialists are adept at delivering an informed and practical perspective on tax and statutory requirements.

Africa Legal Consulting assists businesses’ effectiveness in preparing for and managing tax examinations. Our services include helping companies review pre-filing agreements, reportable transaction disclosures, voluntary disclosure and record retention processes. We develop or enhance programs, supporting internal controls and also provide training for the business’ employees. Africa Legal Consulting has a strong reputation for its progressive insight into the key current trends in tax policy and tax audit procedures.

Tax controversy lifecycle management

 

Businesses are facing an increasing number of tax and regulatory requirements imposed by the countries in which they operate. Tax authorities are becoming more sophisticated in how they target high profile, high-risk areas and are enhancing cross-border cooperation with other authorities, including coordination of joint tax audits. Africa Legal Consulting’s tax controversy practices include lawyers and tax specialists who provide strategic advice and tactical support to businesses in all facets of the tax controversy lifecycle.

We focus on efficiently and cost-effectively helping companies address to their individual tax audit needs in multiple jurisdictions. Our approach to tax audit management helps businesses enhance access to essential data, expedite responses to information requests and proposed tax adjustments, utilize in-house tax departments and local country controller resources more efficiently, and build greater consistency in the information provided to tax authorities.

Dispute resolution

When controversies or disputes arise, Africa Legal Consulting professionals provide assistance with:

  • Appeals and other legal protests
  • Developing technical arguments and drafting advisory opinions
  • Reporting
  • Representation and litigation with authorities
  • Post appeals mediation
  • Arbitration
  • Settlement

By bringing negotiation experience with other industries and jurisdictions we can help companies advance negotiations with tax authorities and manage penalty exposures. Africa Legal Consulting teams specializing in dispute resolution include lawyers, accountants, auditors, economists, former government officials, and industry specialists. By developing a thorough understanding of each company’s specific challenges and aligning dedicated specialists Africa Legal Consulting can bring the right resources to the issue

 

female hands filling out employment agreement contract

Turbulent economic times require companies to be agile and flexible in their staffing to remain competitive. Complex policies, frequent legislative changes and global operations make managing employee relations and compliance with employment law challenging for businesses.

Regency Legal Services provides businesses with the advice they need to make informed decisions, comply with a multitude of regulatory and procedural requirements and minimize their exposure as the result of a conflict (including litigation if appropriate). Regency Legal Services employment law specialists offer a wide range of services in the areas of:

  • Individual employment law
  • Relationships with worker representative bodies
  • Labour law issues in restructuring
  • National and international social security law
  • Pension and benefits
  • Mobility and immigration
  • Estates and trusts

Representing tomorrow

Turbulent economic times require companies to be agile and flexible in their staffing to remain competitive. Complex policies frequent legislative changes and global operations make managing employee relations and compliance with employment law challenging for businesses. Regency Legal Services provides businesses with the advice they need to make informed decisions, comply with a multitude of regulatory and procedural requirements and minimize their exposure as the result of a conflict (including litigation if appropriate).

Individual employment law

Companies are seeking guidance on a range of day-to-day employee management policies, procedures and protocols to help their businesses operate smoothly. This task has become increasingly complex in today’s globalized environment in which employees can be located all over the world.  Businesses must comply with differing legislative and regulatory requirements, cultural norms and expectations. Regency Legal Services assists companies in the following areas:

  • Employment contracts and engagement letters
  • Employee performance including disciplinary action, contract suspension, contract modifications, and transfers
  • Terminations
  • Employee discrimination and harassment issues
  • Internal procedural manuals and codes of conduct

Regency Legal Services helps companies to manage employee risk efficiently and to proactively establish and adhere to prudent HR policies. Our employment lawyers have strong experience both locally and throughout the world. Africa’s global reach stands apart.

Relationships with worker representative bodies

Regular and open dialogue with worker representative bodies is important to ensure the smooth operation of a business.  When organizations need to make changes impacting current working conditions and the individual or collective status of company employees, it is important to have accurate knowledge of the rights and obligations of both the organization and its employees.  Regency Legal Services works with businesses on issues relating to:

  • Worker representation ― setting up of the workers representative bodies, collective negotiation, management of the worker representatives and trade unions, understanding of rights and obligations
  • Collective bargaining ― establishing and negotiating agreements
  • Strategic changes impacting employees ― guidance and advice on how businesses can approach strategic change on a national and international level
  • Health and safety regulatory matters

Regency Legal Services helps companies to understand their obligations in various countries in which they operate and to proactively manage interactions with worker representative bodies.

Labour law issues associated with restructuring

Corporate restructurings such as mergers, transfer of undertakings, and downsizing can create formidable human resource challenges.  The complexity of these, including the harmonization of social policies, increases significantly when the restructuring involves operations or entities located in multiple countries, or when it occurs within a regulated industry.

Regency Legal Services works with business throughout a transaction from help with strategic decision making to the drafting of required documentation.  We can participate in negotiations with the labour authorities and handle collective claims in various jurisdictions.  Regency Legal Services  assists businesses with:

  • Provisional timetables, communications relating to consultation with worker representatives, negotiations with the trade unions and labour administrations and drafting of all mandatory or desired documentation
  • Acquisition and vendor due diligence and compliance reviews
  • Collective economic terminations or redundancy programs including employment protection plans, implementation of the termination process, information and consultation with staff representatives, and interactions with the labour authorities

National and international social security law

Rising national debt levels combined with a profusion of legislative provisions and court decisions in recent years have fuelled changes in social security legislation and program requirements. Compounding the issue is the fact that social security can be a personal and emotionally charged issue for employees who are concerned about health care coverage and long-term welfare during retirement.  Businesses are challenged by increasingly complex regulations which can have a major financial impact.

Regency Legal Services assists companies with:

  • International social security compliance services
  • Advice on applicable legislation
  • Negotiations with social security authorities
  • Disputes relating to social security contributions
  • Application of social security agreements
  • Advice on the legal aspects of health-care coverage

In addition to providing local guidance, Regency Legal Services helps businesses with international, cross-border social security issues that arise as a result of global operations.

Pensions and benefits

Attracting and retaining top talent is high on the agenda of most companies. In addition to competitive remuneration packages, successful businesses augment employee compensation with benefits packages that include one or more of the following:  pensions, stock option plans, health and wellness benefits. Over the past twenty years, the regulations relating to pensions and other benefit programs have steadily increased and become more technical in nature. Africa Legal Consulting helps businesses with:

  • Remuneration — design and development of compensation schemes
  • Pensions — establish, operate, merge, restructure and unwind programs
  • Benefits — package development including health insurance, maternity, long-term care
  • Employee profit-sharing — create and administer programs
  • Employee savings plan — design and develop programs
  • Issues arising when entities are merged, acquired or restructured

Regency Legal Services helps businesses with the strategic design of programs and guidance on mandatory procedures as well as drafting legal documentation.  We work with companies to help them attract and retain top talent through well-managed, cost-effective pension and benefits programs.

Mobility and immigration

For companies with global operations, employee mobility is often a key component of their strategic plans. Businesses need to organize and coordinate international transfers of employees including material needs, remuneration and legal matters, quickly and in a cost-effective manner. Africa Legal Consulting assists businesses with:

  • Design of international mobility policies
  • Drafting of international work agreement and assignment letters
  • Advice on social security coverage
  • Design of expatriate employee remuneration
  • Issues related to repatriation and termination of assignments
  • Immigration law :

– Relocation of employees

– Hiring foreign employees including assistance in obtaining visas, work permits, entry clearances, residence requirements and citizenship

– Representation before local immigration authorities

Estates and trusts

Planning for the future is something all successful organizations and individuals do.  Africa Legal Consulting works with:

  • Owners of private companies
  • Wealthy individuals and families
  • Corporations looking to establish or grow their philanthropic activities and legacy

Regency Legal Services assists clients with planning advice, establishing or changing the terms of a trust, making distributions, and making substantial financial gifts to individuals, non-profits, charities or other philanthropic organizations.  We advise charities on their charters and guide them when questions arise about various types of grants.

Regency Legal Services bring mixed teams of lawyers and business professionals specializing in estate planning, commercial trusts, personal trusts, private company services and tax, according to the specific needs and objectives of the individual or company.