Corporate Law

“Meet The Experts”

Corporate Law

We understand the complexities of running a business in today’s dynamic legal and regulatory environment. Our services are designed to support businesses at every stage.

  • Our Corporate Law Services Include:

    1. Company Formation and Structuring:

      • Assisting clients with the incorporation of businesses, including the choice of legal structure (e.g., limited companies, partnerships, joint ventures, and subsidiaries).
      • Drafting and filing the necessary incorporation documents with the Registrar of Companies.
      • Advising on optimal corporate structures for tax efficiency, liability protection, and governance.
    2. Corporate Governance and Compliance:

      • Providing guidance on best practices for corporate governance, including board structures, shareholder agreements, and director responsibilities.
      • Ensuring compliance with regulatory requirements under laws such as the Companies Act, Capital Markets Authority (CMA) regulations, and Kenya Revenue Authority (KRA) tax rules.
      • Advising on the preparation and maintenance of corporate records and filings, including annual returns, resolutions, and minutes of meetings.
    3. Mergers and Acquisitions (M&A):

      • Advising clients on structuring and negotiating mergers, acquisitions, and demergers to achieve strategic business objectives.
      • Conducting due diligence to assess potential risks and liabilities associated with M&A transactions.
      • Drafting and reviewing sale and purchase agreements, share transfer agreements, and other related documents.
      • Assisting with regulatory approvals and clearances from the Competition Authority of Kenya (CAK) and other regulatory bodies.
    4. Corporate Finance and Fundraising:

      • Structuring financing options, including equity investments, debt financing, and venture capital.
      • Advising on the issuance of shares, bonds, and other securities, and assisting with compliance under the Capital Markets Authority.
      • Drafting investment agreements, shareholder agreements, and subscription agreements.
      • Assisting with public offerings, private placements, and fundraising strategies.
    5. Shareholder and Joint Venture Agreements:

      • Drafting, negotiating, and reviewing shareholder agreements to define rights, responsibilities, and dispute resolution mechanisms.
      • Advising on joint venture structures, governance, and the legal implications of collaboration between businesses.
    6. Contract Drafting and Negotiation:

      • Drafting, reviewing, and negotiating various business contracts, including service agreements, supply contracts, distribution agreements, and licensing agreements.
      • Ensuring contracts comply with local and international laws and protecting clients’ commercial interests.
    7. Corporate Restructuring and Insolvency:

      • Advising on the legal aspects of corporate restructuring, including debt restructuring, liquidation, and bankruptcy proceedings.
      • Assisting companies in financial distress to explore restructuring options such as voluntary arrangements, receiverships, and insolvency proceedings.
      • Representing clients in disputes related to insolvency or liquidation in courts or through alternative dispute resolution methods.
    8. Intellectual Property and Technology Transactions:

      • Helping businesses protect and commercialize their intellectual property assets, including trademarks, patents, copyrights, and trade secrets.
      • Assisting in technology licensing, franchising, and joint ventures, including drafting and negotiating related contracts.
    9. Employment and Labour Law Compliance:

      • Advising corporate clients on employment issues such as employee contracts, dispute resolution, and compliance with labour laws.
      • Drafting employment handbooks, policies, and codes of conduct.
      • Representing clients in disputes involving workers’ rights, collective bargaining, and trade union matters.
    10. Dispute Resolution and Litigation:

      • Representing businesses in corporate disputes, including shareholder conflicts, breach of contract, and fraud cases.
      • Handling alternative dispute resolution (ADR) processes such as arbitration and mediation to resolve business conflicts outside of court.
      • Representing clients in litigation proceedings related to corporate governance, breaches of fiduciary duty, or regulatory non-compliance.
    11. Taxation and Regulatory Compliance:

      • Offering advice on corporate taxation, including compliance with the Income Tax Act, VAT, PAYE, and tax exemptions.
      • Representing clients in tax disputes, audits, and negotiations with tax authorities.
      • Assisting in ensuring compliance with local and international regulatory frameworks, including anti-money laundering (AML) and know-your-customer (KYC) requirements.
    12. Cross-Border Transactions and International Business:

      • Assisting clients in navigating cross-border transactions, including international trade, foreign direct investment (FDI), and international tax planning.
      • Advising on compliance with regional and international trade laws, such as the East African Community (EAC) regulations and international treaties.

Can't Find Answers? Ask Us

    Contact Us

    Reach us On

    Office Phone

    +254 701 427 927

    Mail Us

    info@lokitanoadvocates.co.ke

    Address

    New Home Center, Ruiru, 2nd Floor, Room No. 201