- Why Burundi?
- Legal System
- ICT Governance
- Mkono & Co
This guide is prepared by:
Mkono & Co
The main specialist fields at Mkono & Co. Burundi are: Corporate and Commercial Law; Telecommunications Law; Banking and Finance law; Securities and capital markets ; Intellectual and Real property law; Dispute resolution; Labour Law; and Institutional and Public Law.
The main practice departments at Mkono & Co. Burundi are:
The corporate and commercial practice
The corporate side of the practice has a longstanding reputation for its representation of major public and private companies and institutions on all aspects of corporate activity, including mergers and acquisitions, joint ventures, management buy-outs, etc. as well as providing specialist support to our employment department.
The firm’s commercial lawyers assist clients in negotiating and drafting all types of commercial contracts. The members of this department are comfortable and conversant with all kinds of contractual arrangements such as non-disclosure and secrecy, licensing, distribution, outsourcing, agency and franchising, leasing and factoring, sales and commercial leases. This department is uniquely qualified to negotiate and prepare highly specialized contractual documents.
The banking and finance practice
This practice advises on all aspects of commercial banking and lending business. The department advises borrowers, lenders, issuers, lead managers and trustees on debt, syndicated lending, trade finance, and structured asset and project finance. The banking and finance practice has led Private Finance Initiative work funded by banks and other financial institutions both in Tanzania and internationally.
Our banking and projects experience, combined with strengths in areas such as outsourcing, construction, property development, facilities management and utilities, has put us firmly at the forefront of this field.
The securities and capital markets practice
The firm has a strong security and capital markets practice, representing both issuers and underwriters in a wide variety of securities offerings. This department advises on disclosure and corporate governance matters, on corporate and securities regulatory issues and transactional structuring.
This practice is actively involved in creating and developing sophisticated financial instruments, collaborates intensively with our finance practice for the development of financing techniques and structures and is headed by an international corporate finance and securities expert.
The intellectual and real property practice
Mkono & Co. is a leading firm in the protection of intellectual property rights. The firm is actively involved in handling applications for trademarks and patents, including contentious and non-contentious work, such as licensing and franchising, trademark infringement, passing off and opposition proceedings copyright and design right, confidential information disputes and protection. In addition, the Firm has, since its inception, provided services to commercial and private clients in a wide variety of transactions involving real property. The services include conveyance, mortgages of land, leases and title opinions and title actions.
The dispute resolution practice
The Firm handles a wide variety of domestic and international commercial disputes relating to construction, defamation, employment, financial and corporate matters, insolvency, insurance, etc. Our litigation department has substantial experience in a wide variety of business and commercial litigation and arbitration including in sectors such as infrastructure, banking and financial institutions, construction, communications and insurance.
The employment practice
The firm regularly assists employers in drawing up terms of employment, labor handbooks and policies. Our lawyers advise clients on immigration issues in relation to their expatriate personnel and assist them in acquiring work and residence permits.
Members of the firm regularly advise and represent corporate clients in collective matters involving trade unions and work councils. In collaboration with the litigation department, this practice also represents corporate clients in contentious matters.
Institutional and Public Law Reform practice
This practice provides advice and support on legal issues and policy support to governmental and regulatory authorities and has been instrumental in most of the privatizations and institutional reforms in Tanzania. This practice gathers experts in laws governing the structure and operations of government. This department further supports public law reform in such areas as administrative law and procedure and private international law. This department counts specialist in legislative drafting and supports governments in East-Africa in examining new regulations and statutory instruments for form, validity and compliance with existing legal frameworks.
Although the Firm is structured in the above-mentioned practice areas, we are used to assemble multi-disciplinary teams with experienced corporate, commercial, finance, employment and dispute resolution lawyers from across the firm, all with extensive experience in a dedicated client’s sector. These lawyers then act as a team, able to provide services such as contract drafting, negotiation and review, compliance advice and representation in litigious matters and arbitration proceedings. The advantage of such team approach to the clientele is the highest calibre of legal advice and unique in-depth industry knowledge.
Our expertise regarding foreign direct investment in Burundi
Mkono & Co. Burundi encompasses a full range of legal services required by international investors and other business entities in Burundi.
Our lawyers provide advice to foreign companies from all parts of the world and assist them in the establishment, registration and restructuring of foreign investment enterprises locally. However, they regularly also provide expert advice on large and complex transactions, especially in M&A, which frequently have a cross-border perspective.
We further provide a comprehensive range of commercial legal advice in Burundi in a variety of sectors. Our international clients use our services for the negotiation and drafting of all types of commercial contracts governed by Burundian law, the acquisition of business and sector specific licenses, employment and immigrations matters, intellectual property protection, real property matters and taxation and exchange control issues. We have recently performed quite some local due diligence work in preparation of new investment projects in the country.