AREAS OF PRACTICE
Six areas of practice, one team.
From secured lending to trademark oppositions, our lawyers move fluidly across disciplines — because most matters our clients bring us don’t sit inside a single practice area
Acting on behalf of banks, other financial institutions, or borrower entities in secured lending, unsecured lending, bridging finance structuring, non-cash facilities, and pre-advising on the law bearing on the transactions.
We carry out requisite due diligence on behalf of lenders, prepare requisite financing and security documents, and lead clients in obtaining necessary approvals. Documents prepared have included simple loan and financing agreements for term loans and overdrafts, complicated loan and financing documents for term loan and overdraft facilities, syndicated multi-currency loan agreements, guarantee and bond issuance facility agreements, secured and unsecured guarantees, fixed and floating charges, mortgages, charges, memorandum of deposit and charge over securities, charges over deposit accounts, and pledge and cession agreements.
Providing transaction legal advisory services in corporate transactions generally, for both publicly listed and private companies alike, and acting as transaction legal advisors — at times as Malawi local counsel — in mergers and acquisitions, having acted for purchasers in some transactions and for the target in others.
We act as transaction legal advisors in divestitures of public entities and enterprises through privatisation or the formation of public-private partnerships, including as transaction legal advisor for the Privatisation (now Public Private Partnership) Commission, and for investors in other transactions.
Our work also includes acting as legal advisors in debt corporate finance transactions — secured and unsecured — and the issue of corporate bonds, both privately traded and exchange-traded; acting as transaction legal advisor in capital market transactions for publicly listed companies raising capital through rights issues and issues for cash; and acting as transaction legal advisors when listed companies delist from the Malawi Stock Exchange.
Representing clients before the High Court of Malawi and the Malawi Supreme Court of Appeal in contractual disputes and enforcement, the public liability of utility companies, commercial disputes, insolvency, real property, employment, debt collection, judicial review and tort disputes.
Beyond the courtroom, we represent clients in arbitrations, settlement negotiations and mediation, and prepare summons, motions, submissions and other court documents throughout the life of a dispute.
Acting for clients in land transactions — sales, purchases, mortgages, charges, further charges, leases, subleases, rights of occupancy, easements and licences — by participating in negotiations, conducting title searches, obtaining approvals such as government consents, landlord consents, tax clearances and municipal rates clearance certificates, preparing requisite documents, and attending to stamping and registration.
We also act for clients in commercial transactions by participating in negotiations, carrying out requisite due diligence, obtaining approvals, and preparing documents as necessary. Typical documents prepared include sales agency agreements, marketing agency agreements, distribution agreements, standard terms and conditions for the sale and purchase of goods, long-term supply agreements, franchise agreements, master licence agreements, confidentiality and non-competition undertaking agreements, and contract hire agreements.
Acting on behalf of life insurance companies, general insurance companies, and pension administration companies. We also act for clients in the process of establishing pension funds, from initial structuring through to registration.
Acting as agents for clients in the registration, renewal and assignment of trademarks, patents and designs, and conducting availability searches on their behalf.
We conduct oppositions, or contest oppositions, on behalf of clients regarding the registration of trademarks, patents and designs, and represent clients in contentious matters before the Registrar of Trademarks, the Patents Tribunal, and the High Court of Malawi. We also prepare trademark licence agreements, registered user agreements, and trademark assignment agreements.
HOW WE WORK
Seventy-seven years, in order
A bank financing rarely stays inside Banking & Finance alone — it touches conveyancing when security is taken over land, corporate law when guarantees are given by group companies, and litigation if the facility is ever enforced. Our lawyers are trained to move across these lines rather than hand a file off at the border of a practice area.
