The Commercial, Corporate and Administrative Law Practice Group has broad experience of the various kinds of matters falling within this area. We can highlight experience in:
The constitution of companies, foundations and associations: We provide advisory services to various clients (national and foreign) as regards the incorporation process, including explanation of the procedures involved, the drafting of all documentation needed for this purpose, and interaction with the relevant authorities, culminating in the issuing of the respective certificates and the publication of the company´s articles of association in the Official Gazette. We also provide advice as regards amendments to the articles of association, and assistance with the drafting of shareholders´ agreements.
The commercial licensing of companies: Needed for companies to commence their activities. We assist clients with simplified licensing, depending on their type of activity, and on normal licensing for the majority of commercial activities. This includes the obtaining of importer´s and/or exporter´s cards for activities which include import and export.
The registration of foreign commercial representations: We assist with the drafting of documentation needed for this purpose, and with following upon on applications for opinions from entities which supervise the intended area of activity, culminating in the submission of an application to the competent institution, and the issuing of the respective license.
The dissolution of commercial companies: We provide assistance with the drafting of documentation needed for this purpose, in accordance with the phases of dissolution set out in the law, and with registration with the competent authorities, and communication with the various entities which may have interacted with the company in question.
Drafting of various contracts: We have had the opportunity to provide clarification regarding the interpretation of various provisions relating to the organization and operation of companies, and to conduct audits, so as to verify the lawfulness or not of constitutive procedures, licensing and compliance with various corporate obligations set out in the law. We have also provided advice regarding the most suitable corporate structures for each type of negotiation, in light of the interests of the respective shareholders.
Land: We have provided a wide range of advisory services relating to land matters, including clarification regarding applicable legislation and advice as to procedures for the obtaining and renewal of rights to use and benefit from land, detachment of land, including the drafting of the various documents needed in this context, interaction with the competent authorities, the drafting of manuals and guides regarding this process, advice as to matters connected with compensation and the resettlement of local populations, use plans, public consultation, environmental assessment, and opinions from technical services, inter alia. We also provide assistance with the obtaining the certificate to proceed with the registration of the rights to use and benefit from land with the real estate registry office.
Immovable Property: We have provided advice as regards the drafting of promissory agreements and relevant definitive public deeds of purchase and sale, and on other ways of transferring immovable property, such as donation, contributions to share capital and exchanges, inter alia, and have drafted various supporting contractual documents, such as guarantees, powers of attorney, acknowledgments of debt and corporate resolutions. We have assisted in the preparation of lease agreements with different structures, from the simplest to those involving higher degree of complexity, including introduction of such figures as "rent to own" and "built to suit". We have also assisted real estate projects which have involved various kinds of construction, for various purposes, associated with the constitution of venture companies, the approval of investment projects, licensing, and the import and export of capital, inter alia. We also conduct due diligence on property and advice on the legal steps for construction up to the registrations of infra-structures.
Industrial Property: We have provided advice as regards the protection and defense of industrial property assets, such as trademarks, commercial names, logos, patents and others. We have provided advice as regards national, regional and international registration procedures, and have intervened, before the competent authorities, in claims relating to violated rights.
Legal reform: We have assisted both private and public sector entities with the design, preparation and submission of proposals for legal instruments in various areas of law. These services have often included surveys and public consultations. We have also responded to drafts and proposals for various legal instruments, and have contributed to their improvement, as a representative of the private sector.
Advice on procurement: Mozambique has legal instruments which relate to the procurement of services, contractors and consultancies, and the granting of concessions by public authorities. We have advised on procedures to be complied with, reacting to irregularities, and in providing training on the conducting of procurement. The contracting of public-private partnerships, large scale projects and business concessions, in addition to being regulated by existing sectoral legislation, now has new rules, about which we have been able to offer advice.
Competition advice: Mozambique have approved recently the package of legislation for the regulation of competition, in addition to own industry standards on competition that already exist on this matter. We have had the opportunity to provide information and advice on this topic, especially that needed in the context of acquisitions, mergers and the conclusion of various contracts with a possible impact on the matter.
Advice in the context of privatizations: We have had the opportunity to obtain varied experience in this area, from the clarification of existing legislation, to the review and issuing of legal opinions on cases which have occurred and the possibility of claiming violated rights; assistance with procurement processes, and coordination with the relevant authorities for the correction of irregularities in the registration and description of properties, inter alia.
Civil Aviation: We provide clarifications regarding to the incorporation and registration of civil aviation companies, registration of aircraft and chopper, obtaining the flight permits and licenses, provide general advice on the sector and related matters.
Other areas: Other areas of intervention have included, for example, advice on legislation applicable to tourism activities, legislation on construction, legislation on investment, legislation on water, consumer rights and related contracts, inter alia.