- Why Burundi?
- Legal System
- ICT Governance
- Mkono & Co
This guide is prepared by:
Mkono & Co
Some of Mkono & Co. Burundi telecommunications experience includes:
- Advisory services to VTEL Holding, an international investment company in relation to its acquisition of one hundred percent of the shares of Africa Cellulaire (Africell) s.a. Mkono & Co. Burundi coordinated the whole transaction from the initial buyer’s due diligence up to closing. Mkono & Co. Burundi services included performing due diligence investigations on the target company, advising the potential acquirer on the applicable telecommunications legislation, liaising with the regulatory authority and relevant ministry, providing tax advice, drafting and negotiating the complete set of agreements, incorporating a special purpose vehicle, in collaboration with the target company, rectifying the legal issues discovered during Mkono & Co. Burundi due diligence investigation, updating the corporate housekeeping and closing and registering the share transaction.
- Advising on and assisting La Cell with the establishment of a new mobile telecommunications company in Burundi.
- Due diligence on the Burundian telecommunication company U-Com Burundi S.A. (former Telecel Burundi S.A.) for the purpose of a fund raising by the holding company.
- Advising on and assisting HITS Telecommunications with the establishment of a new mobile telecommunications company in Burundi.
- Legal due diligence during the attempt of privatisation of ONATEL (Public telecom company).
- Assisting Global Developments Holdings International Ltd – GDHI Ltd, company organized under the laws of British Virgin Islands to obtain a telecommunication license/concession for its Burundi branch.
Further in Burundi, Mkono & Co. advises most telecommunication companies on a wide range of matters including but not limited to regulatory advice, corporate restructuring, airtime distributor agreements, data protection legislation, management, and agreements for subcontracting services on telecommunication equipment.
Some examples of Mkono & Co. Burundi most recent experience in Burundi include:
- Legal due diligence on several local companies, including a company active in mobile telecommunications in Burundi.
- Acquisition of 100% of the shares of a local telecommunications company (Africell) for a Middle-Eastern investment company.
- Advise Electro Banque (an international bank) in relation to the arrangement of buyer’s credit facilities, amounting to USD 13 million, for Africell; draft the relevant security agreements and provide Electro Banque with a legal opinion on enforcement under Burundian law.
- Assist a foreign investor with the incorporation of a new processing and exporting coffee company in Burundi and provide general legal advice in relation to Burundian business law, import and export rules, tax legislation and foreign exchange rules.
- Advise foreign investors with the incorporation of a chemical products factory in Burundi and provide general legal advice in relation to Burundian business law, relevant regulatory requirements and export treatment in the COMESA region out of Burundi (tax, procedure, etc).
- Establishment and registration of local companies for international investors (active in different sectors such as First Telecom Burundi, Afrimax Burundi, Garden Fresh, etc);
- Provision of general corporate advise and company secretary services on a retainer basis to a variety of corporate clients including Burundi’s second largest bank;
- Legal opinion to an international bank (such as Citibank and Abu Dhabi Islamic Bank) in relation to the legal issues arising during the confirmation of letters of credit issued by a local bank;
- Advising an international petroleum company on the restructuring of its activities in Burundi and subsequently advising the company on the sale of its business in Burundi;
- Advise local companies and international institutions (such as the Representation of the European Union to Burundi) on employment issues and draft standard contracts of employment and general working terms and conditions; represent several international institutions in employment litigation cases initiated by employees;
- Advising and assisting Louis Dreyfus Commodities on the establishment of its commodities exporting business in Burundi and providing legal and regulatory advice on trading, employment law, tax law and commercial code;
- Advising and assisting International Gold Exploration on the corporate restructuring of its activities in Burundi and providing regulatory and legal advice on mining, employment and commercial law issues;
- Advising an international investment company in relation to a capital markets instrument exchangeable in shares in a Burundian company
- Advising an international petroleum exploration company regarding the acquisition of a petroleum exploration permits in Burundi.
- Advising KenolKobil Limited in the transfer transactions of assets of Oil Burundi S.A. and numerous purchase and/or lease agreements of fuel stations in Burundi and providing general legal advises concerning tax legislation, and business law.
- Advising the vendors and purchaser (Fine Wood Works) on the sale of Hôtel Le Doyen.
- Advising Minergy Resources Limited / Signet Petroleum Limited on the acquisition of an exploration permit for the last Burundian oil block in the Tanganyika Lake and providing regulatory and legal advice on petroleum, employment and commercial law issues
- Advising and assisting Samancor Chrome in a Mining litigation
Mkono & Co. Burundi expertise regarding privatizations:
Mkono & Co. Burundi and its lawyers have acquired a specific expertise in privatizations and has acted on several occasions for private investors as well as for the public sector.
When Mkono & Co. Burundi works on privatizations, Mkono & Co. Burundi forms specialist teams composed of lawyers of Institutional and Public Law Reform Practice and of Corporate Practice, recognized as a leading practice in the region, especially as regards to M&A with a cross-border perspective.
The above method has proved to be a guarantee to high quality work and has allowed Mkono & Co. Burundi to play a significant role in most of the privatizations in Tanzania.
Mkono & Co. Burundi has acted jointly with Mkono & Co. Advocates in numerous privatizations in Tanzania. Some examples of Mkono & Co. Burundi experience work:
- Analysis of relevant legislation and due diligence which formed the basis of recommendation on establishment of three new banks and distribution of the National Bank of Commerce’s assets and liabilities to those banks; and privatizing through sale of shares of the National Bank of Commerce Limited.
- Advise the Bank of Tanzania on legal aspects of the takeover of Meridien Biao Bank Tanzania Limited; drawing sale documents, petitioning High Court of Tanzania and obtaining order to sell assets of the Bank to Standard Bank of South Africa.
- Advising on the privatization of the state-owned Tanzania Telecommunications Company Limited.
- Advise to PSRC and the World Bank regarding the potential impediments to the privatization of parastatal enterprises as a result of the existing Tanzanian law and practice relating to the land aspect.
- Advise to the Bank of Tanzania and PSRC regarding the privatization of the National Microfinance Bank Limited.
- Advise to Scancem International ANS and Swedfund International in the acquisition of the majority Government shares in Tanzania Portland Cement Company Limited. The value of the merger and acquisition exceeded USD 8 million.
- Due diligence, facilitation and drafting of the purchase agreements during the semi-privatization of the « Société Hotelière Nouvelle du Burundi” (ex- Novotel).
- Due diligence and advising in privatization of the coffee sector in Burundi and incorporation and registration of the subsidiaries of Webcor Geneva S.A., a Swiss company acting in the conditioning and commercialisation of coffee.
- Together with Renaissance Capital, Horus Telecom and Deloitte, providing legal advisory services to the Burundian privatization unit on the privatisation of ONATEL, the national, Burundian telecommunication company.
Based on the above experience and on the expertise of Mkono & Co. Burundi lawyers, Mkono & Co. Burundi is convinced to be the only law firm with a presence in Burundi able to provide you with professional legal assistance regarding privatization projects.
Mkono & Co. Burundi banking and finance practice in Burundi:
Recognised as a leader in the financial services sector by the IFLR, the Guide to the World’s Leading Financial Law Firms, Mkono & Co. has represented the finance industry for a number of years. With Mkono & Co. Burundi long history of advising international banks such as Barclays Bank, Standard Chartered Bank, Electro Banque, Citibank, etc. on regulatory issues, finance transactions and perfecting security, Mkono & Co. Burundi services have gained an undisputed reputation in Mkono & Co. Burundi region.
Mkono & Co. Burundi Banking and Finance practice covers a full range of finance activities with particular emphasis on structured products, securities, derivatives, banking, restructuring and insolvency, asset finance, project finance and financial services. The professionals in the finance team bring with them valuable experience as well as resourcefulness that puts them at the forefront of their field in East-Africa.
Mkono & Co. Burundi team is always ready for analyzing, reviewing and negociating agreements (Loan Agreements, Lease Agreements…), assisting banks with Court cases, Litigations, and developing a strategy to take all necessary legal actions to optimize the position of the bank on the local market, as well as for all actions to optimize the recovery of debts.
Through Mkono & Co. Burundi’s sector focused teams, Mkono & Co. Burundi can also provide the clients a focus on particular market sectors, in terms of understanding the sector and identifying the targets for Mkono & Co. Burundi business, but also in terms of developing expertise, know-how, standard forms and precedents for the benefit of Mkono & Co. Burundi lawyers generally.
Some references in Burundi:
- Advising Interbank Burundi on banking and financial law matters.
- Advising Citibank in relation to a multi-jurisdictional loan transaction to a telecommunications company active throughout East-Africa.
- Advising Alcatel and Electro Banque in relation to the arrangement of up to USD 13 Million buyer’s credit facilities for a telecommunications company in Burundi; perfecting security on Burundian assets and providing the bank with a legal opinion on enforcement under Burundian law.
- Advising China Development Bank on a senior trade facility transaction in Burundi;
- Advised an international investment company based in Abu Dhabi in relation to sukuk exchangeable in shares in a Burundian company.
- Drafting and compiling the financial code of Burundi (project funded by the Belgian Development Cooperation and the Government of Burundi);
- Advising an international bank on the provision of corporate finance services in Burundi.
- Advising International Finance Corporation in its purchase of 16% of the shares of Diamond Trust Bank Burundi S.A.
- Advising International Finance Corporation in relation to a USD 25,000,000 loan agreement to a major Burundian telecommunication company, including security package.
- Legal advisor on Eastern and Southern African Trade and Development Bank USD150, 000,000 facility agreement.
- Advising International Finance Corporation in relation to a USD 3,500,000 loan agreement to a Burundian company specialised in construction.
- Advising and legal coordination of the establishment of KCB Bank Burundi Ltd
- Reliance Letter addressed to AKA Ausfuhrkredit GMBH
Mkono & Co. Burundi telecommunications practice in Burundi:
Through sector focused teams, Mkono & Co. Burundi provides to the clients a spotlight on particular market sectors, in terms of understanding the sector and identifying the targets for their business, but also in terms of developing expertise, know-how, standard forms and precedents for the benefit of Mkono & Co. Burundi lawyers generally.
Mkono & Co. Burundi has considerable experience in the telecommunications sector and offers a unique mix of international and local expertise and capabilities. The group’s partners and lawyers are drawn from the firm’s different departments as set out above.