Cyber Law

An area of Law at its infancy

"Avant garde" Robin Vivian

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Corporate Law

Insurance law is a legal discipline that pertains to the underlying legal principles, regulations, and customary practices that govern insurance contracts and the broader insurance industry. This discourse pertains to the entitlements and responsibilities of insurance companies, policyholders, and beneficiaries, alongside the administration of insurance trade. Insurance law covers various types of insurance, including: life insurance; health insurance; property and casualty insurance; liability insurance; marine insurance; general insurance (which covers property, liability, and other non-life risks), health insurance; micro insurance and others

Here are some key of the issues that our firm handles:

  1. Insurance Contracts: Insurance law governs the formation, interpretation, and enforcement of insurance contracts. It outlines the requirements for a valid insurance contract, including the principles of utmost good faith, insurable interest, and indemnity. It also covers issues such as policy terms and conditions, exclusions, premiums, and claims handling.

  2. Insurance Regulation: Insurance is typically regulated by government bodies or agencies that oversee the insurance industry. These regulations ensure that insurance companies operate in a fair and responsible manner, protect policyholders' interests, and maintain financial stability. Insurance laws and regulations may cover licensing requirements, solvency standards, consumer protection, and market conduct.

  3. Insurance Claims: Insurance law governs the process of making and settling insurance claims. It sets out the obligations of policyholders to provide accurate information when applying for insurance and to notify the insurer promptly of any claims. It also outlines the procedures and requirements for insurers to investigate, evaluate, and pay valid claims.

  4. Subrogation: Subrogation is a principle in insurance law that allows an insurer who has paid a claim to step into the shoes of the insured and seek recovery from third parties who may be responsible for the loss or damage. This principle helps prevent the insured from receiving double compensation and allows insurers to recover their expenses.

  5. Insurance Disputes and Litigation: Insurance law covers disputes between policyholders and insurers, such as claim denials, coverage disputes, and interpretation of policy terms. It also addresses legal remedies available to parties involved in insurance disputes, including negotiation, mediation, arbitration, or litigation in court.

  6. Policyholder Protection: Insurance law in Kenya includes provisions to protect the interests of policyholders. Insurers are required to maintain adequate financial reserves, comply with solvency and capital adequacy requirements, and provide prompt and fair claims settlement. The IRA monitors insurers' compliance with these requirements.

Insurance Intermediaries: Insurance agents and brokers play a significant role in the distribution of insurance products. They are regulated by the IRA and must comply with licensing requirements, code of conduct, and disclosure obligations to act in the best interests of policyholders.

Corporate Law

Corporate law is a legal area that presides over the conception and functioning of companies. This pertains to the fields of contract and commercial law. In conformity with state regulations, a corporation represents a commercial enterprise structured as a legal entity. The regulation of the establishment, structure, and cessation of corporations is governed by varying legislations across distinct jurisdictions. A corporation is a legal construct that exists as a separate entity from its shareholders, possessing the capacity to engage in contractual relationships, institute legal proceedings, and undertake other operations necessary for the maintenance of a commercial enterprise such as: Sole Proprietorships, Companies, and Partnerships. Religious bodies, local churches, and Non-Governmental Organizations.

Mvera, Nyanje & Mambo Advocates LLP (MN&M) has an elaborate division in authority for: actualizing or guide in the: registration of corporate bodies; Management of the corporate bodies; and dissolution of the same. In the management of corporate entities, the Firm conducts legal audits to confirm compliance of the entities with the laws in place. The essence of the legal audit is to avoid criminal liability and increase the chances of winning any legal suit to 98%.

Further, the Firm undertakes:

        1. Corporate governance - the monitoring and regulation of a company's management activities;
        2. Mergers and acquisitions - the strategic pursuit of one company to merge with or acquire another company.
        3. Private equity - the process through which investors seek to invest in privately owned companies. This approach is typically preferred by investors who aspire to provide funding for early-stage businesses or gain control of established firms that are not publicly traded.
        4. Securities - which serve to prevent activities such as fraudulent practices and insider trading.
        5. Venture capital - collaborating with investors seeking to procure funding for nascent, emerging enterprises.

In commercial transactions, the firm has extensive experience in: conducting due diligence; drafting; executing; editing; perusing and advising on: Purchase & Sale Agreements; Non-Disclosure & Confidentiality Agreements; Capital Equipment Purchase and Leases; Commercial Security Agreements; Commercial Property Leases; Construction Contracts; Consulting Agreements; Distribution, Dealer, and Sales Representative Agreements; Employment Agreements; Guaranties for Financing; Inter-Creditor, Subordination and other Banking and Lending Agreements; Joint Venture Agreements; Loan Agreements; Mortgages, Liens, Deeds and Easements; Security Agreements/Instruments; and Shareholder Agreements among others.

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