COMPETENCIES – Mawalla Advocates

MAWALLA COMPETENCIES

SKILLED AND EXPERIENCE TAILOR MADE FOR YOUR LEGAL NEEDS

MAWALLA COMPETENCIES
TAILORED FOR YOUR LEGAL NEEDS

AT MAWALLA OUR LAWYERS ARE WELL EQUIPPED WITH THE SKILLS AND EXPERIENCE TO PROVIDE PROFESSIONAL TAILOR MADE LEGAL AND COMMERCIAL ADVICE TO INDIVIDUALS, PRIVATE AND PUBLIC ENTITIES.

Our team is structured to align with specific industry sectors in which we specialize, as well as functional legal practice areas. With this structure, we are more effective, knowledgeable and responsive in meeting our clients' legal needs.

The firm also prides itself for its good working relationships with various government bodies for administrative and regulatory related proceedings. This stands us in good stead and enables us to better perform in delivering on behalf of our clients.

Our strategic alliances with local and international firms and professionals are critical in ensuring that we deliver world-class services. These alliances benefit our clients and foster relationships with host communities and countries.

CORPORATE GOVERNANCE AND COMMERCIAL DRAFTING

A COMPREHENSIVE RANGE OF SERVICES TO TAKE CARE OF YOUR BUSINESS

CORPORATE GOVERNANCE AND COMMERCIAL DRAFTING
A RANGE OF SERVICES TO TAKE CARE OF YOUR BUSINESS

OUR CORPORATE DEPARTMENT PROVIDES A COMPREHENSIVE RANGE OF CORPORATE SECRETARIAL AND CORPORATE STATUTORY COMPLIANCE SERVICES. THIS TEAM OVERSEES LEGAL COMPLIANCE AND GOOD CORPORATE GOVERNANCE FOR OUR CLIENTS.

Mawalla advises on all matters of corporate law in Tanzania and commercial drafting to public and private companies, start-ups, emerging businesses and non-governmental organizations. We use our business acumen and industry experience to ensure that our corporate clients function in accordance with the law for maximum profit generation or realization of their objectives.

Our team’s meticulous attention to detail ensure that all commercial contracts are drafted to protect our clients’ interests and reduce exposure to future disputes. Through our Corporate Data Profile (CDP) system, our clients are assisted to identify, manage and mitigate risks of corporate non-compliance.

Services include:

Incorporation of corporate and other business entities;
compliance and regulatory services;
restructuring, divestitures and dissolution of entities;
corporate governance and due diligence;
drafting and review of commercial contracts;
Audit and regularization of existing companies and
Secretarial Services.

LAND LAW, REAL ESTATE AND CONVEYANCING

PRESERVING YOUR LEGACY

LAND LAW, REAL ESTATE AND CONVEYANCING
COMPREHENSIVE REAL ESTATE SERVICES AND PLANNING

WE PROVIDE OUR CLIENTS WITH COMPREHENSIVE REAL ESTATE SERVICES AND ADD SPECIFIC VALUE WITH REGARDS TO MANAGING CLIENT RELATIONS WITH PLANNING AUTHORITIES. THROUGH OUR SERVICES AND THE HIGHLY SKILLED LAWYERS WITH EXTENSIVE KNOWLEDGE AND EXPERTISE, WE ARE ABLE TO SAVE TIME AND COSTS IN FINALIZING REAL ESTATE TRANSACTIONS.

Our team advises on all aspects of real estate planning, conceptualization and land holding structures in Tanzania. Our clients receive expert and informed advice before investing in real estate in Tanzania, therefore benefitting from Mawalla's in-depth experience in land matters and understanding of land holding intricacies. To assist the firm to manage all property related information it has developed the Mawalla Property Data Profile ‘PDP’. This system enables us to capture our clients' property information into a central database, making the process of due diligence, evaluation of the market price/projections or tracking of rental income efficient and effective, saving time and costs in finalizing transactions.

These include:

advising on land holding structures and legalities;
conveyancing of properties from acquisition, leasing, mortgaging, change of land use, creation of unit titles, easements;
partition, consolidation of titles, subdivisions, surrender of titles, extension of title tenures;
advising on development, procuring of building permits, construction, financing, and management/operation in urban areas, rural areas and reserved areas;
preparing planning schemes for our clients’ properties in line with urban planning laws, providing them with sound business plans for the development of their land to balance between returns maximization and smooth development/implementation of plans;
due diligence on properties for clients or third parties;
procuring of derivative rights for clients;
compliance including payment of land rents, property taxes, water right permits; and
income projections or rental incoming easier and thus saving time and costs in finalizing transactions.

LABOUR, EMPLOYMENT & IMMIGRATION LAW

ALL ENCOMPACING EMPLOYMENT AND IMMIGRATION LEGAL ADVICE

LABOUR, EMPLOYMENT AND IMMIGRATION LAW
MINIMIZE AND MANAGE RISK

OUR LABOUR, EMPLOYMENT AND IMMIGRATION PRACTICES ENCOMPASS ALL ASPECTS OF EMPLOYMENT AND IMMIGRATION RELATIONS IN TANZANIA. OUR LEGAL ADVICE IN THIS FIELD IS BASED ON A PRO-ACTIVE APPROACH TO MINIMIZE AND MANAGE ANY POTENTIAL OF RISK AND POSSIBLE LITIGATION AFFECTING CLIENTS’ HUMAN RESOURCES (HR).

Our philosophy around labour is to focus on doing the right thing, and not just focus on the law. This approach assists clients to have less labor disputes and have a higher success rate, should cases be taken to the Labour Tribunals or the High Court.

Services include:

preparation, audit and reviews of employment policies and contracts;
developing personnel policies and employers handbooks;
providing counsel on complex HR structuring to maximize financial objectives and minimize exposure to litigation - including layoff strategies, plant shutdowns, executive compensation, non-competition, confidentiality and similar agreements and issues surrounding the enforceability and advisability of collective bargaining agreements with individual employees;
compliance with all labor and employment laws and regulations;
training of HR departments/officers on compliance and policy drafting;
engagement of expatriates in their enterprises;
advise on immigration law, including procurement of work residence permits, visas and other passes; and
monitoring legal development and providing clients with ad hoc advice on compliance matters and regular updates to a Compliance Matrix we prepare for each client.

SPECIALIZED LITIGATION & ALTERNATIVE DISPUTE RESOLUTION

PREVENTING LAWSUITS THROUGH ALTERNATIVE DISPUTE RESOLUTION MECHANISMS

SPECIALIZED LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION
STRATEGIC, PRACTICAL AND INNOVATIVE SOLUTIONS

WE UNDERSTAND THAT LITIGATION PROCESS IS OFTEN TIME-CONSUMING, EMOTIONALLY STRESSFUL AND EXPENSIVE. WE THEREFORE AIM TO RATHER PREVENT LAWSUITS THROUGH JUDICIOUS NEGOTIATION AND ALTERNATIVE DISPUTE RESOLUTIONS MECHANISMS.

In the event that a case should go to court our approach to litigation mirrors the firm’s philosophy of providing strategic, practical and innovative representation that recognizes business realties and is economically responsible and responsive to our clients’ individual needs. Our team comprises of senior lawyers who have the required skills and experience to appear in the highest court in the Country to represent our clients.

Our litigation lawyers have experience in the successful resolution of a broad range of commercial and regulatory matters, including

debt recovery and insolvency;
construction;
contracts of any complexity;
creditor disputes;
employment, labour and human resources;
financial fraud;
intellectual property claims;
land ownership, use and management matters;
securities;
shareholder disputes;
taxation;
matrimonial proceedings;
defamation;
malicious protection and
negligence

AGRICULTURE

ACHIEVING AGRICULTURAL COMMERCIAL OBJECTIVES

AGRICULTURE
TRUSTED EXPERT PARTNERS

OUR LAWYERS UNDERSTAND THE POTENTIAL, COMMERCIAL DRIVERS AND CHALLENGES FACING THE AGRICULTURAL INDUSTRY. WE WORK WITH OUR CLIENTS TO HELP THEM ACHIEVE THEIR BUSINESS OBJECTIVES, PROTECT EXISTING INTERESTS AND MAXIMIZE OPPORTUNITIES, ENSURING THAT THEY CAN PRODUCE AND COMPETE IN THE WIDER COMMERCIAL WORLD.

We provide our clients with legal advice on various agricultural matters ranging from

establishing farming estates and ranches;
representing clients on various agricultural boards;
compliance matters for each component of the industry;
advice on product quality standards and certification;
payment of appropriate taxes and levies enjoyment of tax benefits; and
advising of national agricultural policies and wealthy of incentives; and
advising on agricultural trade restriction laws which are designed to avoid or minimize socially undesirable consequences such as environmental or health hazards to plants, animals, humans and the environment at large.

TAXATION

SOPHISTICATED AND COMPREHENSIVE TAX ADVICE

TAXATION
SOPHISTICATED AND COMPREHENSIVE

THE TAX DEPARTMENT CONSISTS OF REGISTERED TAX CONSULTANTS WHO TOGETHER WITH THE FIRM'S EXPERIENCED LAWYERS PROVIDE COMMERCIAL AND PRIVATE CLIENTS WITH SOPHISTICATED AND COMPREHENSIVE TAX ADVICE.

When additional expertise is required Mawalla will partner with other experienced tax consultants with accounting and auditing backgrounds.

Within the realm of this department services include:

tax planning in all aspects of transactional practice and tax litigation;
compliance with corporate tax;
business transactional planning, structuring and restructuring;
real estate taxation;
compensation planning;
tax controversy; and
international taxation.

INVESTMENTS

A CLEAR UNDERSTANDING OF THE INVESTMENT CLIMATE

INVESTMENTS
EXTENSIVE UNDERSTANDING OF LOCAL AND INTERNATIONAL BUSINESS TRANSACTIONS

THE FIRM HAS A CLEAR UNDERSTANDING OF THE INVESTMENT CLIMATE IN TANZANIA AS WELL AS AN EXTENSIVE COMMERCIAL LAW PRACTICE RELATED TO LOCAL AND INTERNATIONAL BUSINESS TRANSACTIONS. AS MEMBERS OF THE CEO ROUND TABLE AND TANZANIA PRIVATE SECTOR FOUNDATION, WE UNDERSTAND THE VALUE OF MONITORING BUSINESS REGULATORY REGIME AND ACTIVELY PARTICIPATING LAW MAKING AND DIALOGUE BETWEEN BUSINESSES AND THE GOVERNMENT.

Throughout our practice we have advised numerous local and international organizations on investment in Tanzania and are known to have devised business vehicles for investment that take into account all aspects of business law and compliance. We have also successfully registered investments and projects with the Tanzania Investment Centre.

We also assist our clients to implement their projects as per the investment conditions. Our major achievement in investment is enabling our clients to be registered as Strategic Investors – an award granted by the National Investment Steering Committee to major investors.

The investments department covers all aspects of investment including

choice of business vehicle/entity to establish;
business structures including capital, shareholding and directorship requirements in specific industries;
specific industry licensing/regulatory compliance;
drafting of investment agreements;
applications for registration of projects and businesses for investment incentives under the Tanzania Investment Centre, Export Processing Zones and the National Investment Steering Committee; and
working with Mawalla Consult for strategic advice, investment and market surveys highlighting opportunities, insight and intelligence related to cultural & political know how for specific investments.

TRUSTS, WEALTH MANAGEMENT AND INSURANCE

PROTECT, MANAGE AND GROW WEALTH FOR GENERATIONS

TRUSTS, WEALTH MANAGEMENT AND INSURANCE
PIONEER IN PROVIDING TRUSTEE SERVICES

MAWALLA IS A PIONEER IN PROVIDING TRUSTEE SERVICES TO CLIENTS AND WE PRIDE OURSELVES IN ASSISTING OUR CLIENTS TO PROTECT, MANAGE AND GROW THEIR HARD EARNED WEALTH FOR GENERATIONS.

Our services include:

formation of trusts;
asset protection planning;
corporate trustee services;
wealth management and investments;
distribution to beneficiaries in accordance with the wishes of the settlor;
estate planning;
custodians of wills, testamentary documents and other valuable documents and assets;
at the request of clients, we set up arrangements for trustees, executors or guardians;
advising clients on how to insure their assets against losses and liabilities; and
introducing and connecting clients with competitive insurance companies in order to negotiate affordable premiums.

MINING, ENERGY AND UTILITY

IN-DEPTH KNOWLEDGE AND EXPERIENCE IN INDUSTRY

MINING, ENERGY AND UTILITY
IN-DEPTH KNOWLEDGE AND EXPERIENCE IN THESE INDUSTRIES

WE PROVIDE A FULL RANGE OF LEGAL SERVICES PERTAINING TO EVERY ASPECT OF THE OIL AND GAS, MINING, AND POWER AND RENEWABLES INDUSTRIES IN TANZANIA. OUR PRACTICE IN THESE SECTORS INCLUDE, INTER ALIA, OUR INVOLVEMENT IN REVIEWING MINING LEGISLATION IN TANZANIA. OUR LAWYERS HAVE IN-DEPTH KNOWLEDGE AND EXPERIENCE THAT ENABLES US TO PROVIDE OUR CLIENTS WITH PEERLESS REGULATORY AND LEGAL SOLUTIONS IN VARIOUS MATTERS.

Our track record include cases of advising and defending petroleum and energy companies, on

applications and renewal of licenses;
taxation of mining and oil and gas entities;
regulatory compliance with the Energy and Water Utilities Regulatory Authority;
real estate matters like the acquisition and possession of petrol stations from seeking consents and or approvals from relevant authorities;
environmental management compliances; and
advice on corporate social responsibility.

BANKING AND FINANCE

MANAGING COMPLEX AND LARGE FINANCIAL TRANSACTIONS

BANKING AND FINANCE
NAVIGATING THROUGH FINANCIAL TRANSACTIONS

OUR BANKING AND FINANCE DEPARTMENT HAS REPRESENTED BANKS, FINANCIAL INSTITUTIONS AND BORROWERS IN SOME OF THE LARGEST AND MOST COMPLICATED FINANCING TRANSACTIONS.

Our services range from

setup of financial institutions;
first and second loan facilities;
acquisition financing;
senior and subordinated bridge financing;
recapitalization financing;
asset-backed financing;
mezzanine financings;
workouts;
restructuring and exit financing;
private placements;
security perfection and audits;
security audit services; to
loan recovery that include

Commercial drafting and security documentation
Legal Recoveries and Insolvency
Security Audit Services

KYC using our CDP and PDP systems; and
regulatory compliance.

TELECOMMUNICATION AND TECHNOLOGY

COUNSELING EMERGING AND ESTABLISHED BUSINESS IN TELECOMS AND E-BUSINESS

TELECOMMUNICATION AND TECHNOLOGY
PARTNERS IN TELECOMS AND E-BUSINESS

WE COUNSEL BOTH EMERGING AND ESTABLISHED COMPANIES ENGAGE IN TECHNOLOGY-RELATED BUSINESSES SUCH AS TELECOMMUNICATION AND E-BUSINESS.

Our telecommunication and technology services include:

representation of our clients in all regulatory compliance matters with the regulatory authorities including the TCRA;
acquisition of the requisite licences and the safeguard of their technology through, trademark, copyright and trade secret protection and defense;
maximizing the value of their technology and intellectual property assets through management, licensing and other strategic agreements; and
providing solutions for our clients’ trademark, trade dress, unfair competition, and trade secret concerns.

TOURISM & WILDLIFE LAW AND MANAGEMENT

ENABELING INVESTMENT

TOURISM AND WILDLIFE LAW AND MANAGEMENT
ENABLING INVESTMENT

WE PRIDE OURSELVES FOR SETTING UP THE FIRST, SUCCESSFUL AND MAJOR PUBLIC PRIVATE PARTNERSHIP PROJECTS IN THE TOURISM SECTOR IN THE COUNTRY. WE HAVE ALSO STRUCTURED AND SUCCESSFULLY APPLIED TO THE NATIONAL INVESTMENT STEERING COMMITTEE FOR STRATEGIC INVESTOR STATUS WITH LONG -TERM TOURISM RIGHTS FOR TWO OF THE ARGUABLY BIGGEST PLAYERS IN THE TOURISM AND CONSERVATION SECTOR IN THE COUNTRY.

Over the years we have fostered good relationships with different levels of the Government and other organs, which enable us to work closely with them to promote sustainable conservation, the tourism industry, community development and enhancement projects as well as facilitate adherence of the tourism and wildlife laws.

We have a longstanding reputation of representing companies and institutions on all aspects of wildlife matters including:

setting up and registration of Authorized Associations and Wildlife Management Areas;
setting up of ranches and wildlife sanctuaries wildlife farms game sanctuaries, orphanage centres and zoos;
application for hunting blocks and user rights;
negotiating long term leases for tourism activities on behalf of clients;
photographic utilization;
advising on tourism related fees and taxes;
advising on sustainable conservation and community development initiatives, and
regulatory compliances including licences, live animal capture, quota allocation, control and management, land use plans, resource zone management plans, environmental impact assessment requirements in protected areas, designation of wildlife corridors, dispersal areas, buffer zones, game controlled areas and protected areas.

COMPETITION LAW

PROTECTING WHAT IS YOURS

COMPETITION LAW
COMPETING FAIRLY

Our Competition Law Department covers various areas of competition legal framework at municipal, regional and some international aspects of competition regime . Our main goal is to advise clients to avoid anti-competitive practices. As a fist step to mitigate any actions related to competition, Mawalla provides guidance to clients in developing competition policies that aim to promoting competition, increase economic efficiency in production, distribution and supply, protect consumers and maximize the efficient allocation of resources. We also guide our clients to avoid engaging in unfair competition practices and to avoid and/or minimize possible litigation.

Services include:

developing competition policies for any undertaking to comply with the competition regime in Tanzania;
advising on anti-competitive practices and how to avoid them (anti-competitive agreements, abuse of dominance and mergers/acquisitions);
developing policies to promote competition and consumer protection;
advising on competition authorities;
megers and acquisitions;
providing advice on law enforcement institutions;
advising on certain International aspects of competition law.

SECTORAL REGULATORY COMPLIANCE

PROVIDING APPROPRIATE COUNCIL IN A GLOBALISED WORLD

SECTORAL REGULATORY COMPLIANCE
PROVIDING APPROPRIATE COUNCIL IN A GLOBALIZED WORLD

AS BUSINESS HAS GLOBALIZED AND CROSS-BORDER TRANSACTIONS HAVE BECOME MORE COMPLEX, THE ABILITY TO PROVIDE APPROPRIATE COUNSEL ACROSS JURISDICTIONS HAS BECOME MORE IMPORTANT.

We are committed to ensure that while our clients focus on their businesses, we are helping them meet regulatory requirements and keep their businesses running smoothly, no matter where they are based.

OTHER AREAS OF EXPERTISE

Over and above the above mentioned areas of expertise the Firm also provides services in the following areas

family law;
probate and administration of estates;
construction and infrastructure law