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Legal audit and compliance refer to the process of reviewing and assessing an organization's compliance with relevant laws, regulations, and policies. Legal audit and compliance are important for organizations of all types and sizes to ensure that they are operating in accordance with legal requirements and best practices, and to identify and mitigate potential legal risks.

A legal audit involves a comprehensive review of an organization's legal and regulatory compliance. This may include a review of contracts, policies, procedures, and internal controls, as well as an assessment of the organization's compliance with applicable laws and regulations.

The process of executing a legal audit typically entails a series of sequential stages, which may include planning, collating pertinent information, conducting thorough analysis, and presenting the final outcomes. During the initial planning phase of an audit, the fundamental scope and objectives of the task are delineated, followed by the identification and allocation of the requisite resources necessary for seamless and efficient execution.

During the phase of data collection, pertinent documents and information, including contracts, policies, and procedures, are accumulated, along with pertinent data concerning the organization's practices and operations. During the phase of analysis, the assembled data is thoroughly evaluated and scrutinized for conformity to pertinent statutes and regulations, along with optimal methodologies and potential avenues for refinement. Ultimately, during the reporting phase, the findings procured from the legal audit are conveyed through a formal written document. This report may entail suggested measures for rectification and enhancement purposes.

In the realm of organizational management, legal audit and compliance constitute a pivotal undertaking to guarantee adherence to legal stipulations and industry standards. The underlying intention is to discern and alleviate legal hazards that may undermine the smooth operation of an entity. Conducting a comprehensive legal assessment can assist organizations in identifying areas requiring improvement and bolstering their compliance frameworks, as well as mitigating legal liabilities and safeguarding their reputation.

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Intellectual Property (IP) is described as the creation of the mind. Intellectual Property Rights (IPR) bestow upon the inventor/creator or their assignee a solitary right to completely employ their invention/creation for a specified duration. It is widely acknowledged that IP assumes a pivotal function in contemporary economics.

The significance of intellectual labor in innovation has been firmly established, as it constitutes a crucial factor in ensuring that public benefit is derived from such endeavors. The realm of research and development (R&D) has witnessed a substantial surge in costs, accompanied by a corresponding increase in the required investments for commercializing a novel technology.

Although all doctrines of IP are intangible, IP has acquired the same attributes as tangible property. Most forms of IP can be registered, sold, leased, transferred, licensed and used as security. Further to the foregoing, Kenyan law requires that all forms of IP regardless of their place of registration to be recorded with the Government.

In IP registration, we aid in: Conducting searches to ascertain the credibility of the applications; drafting specifications, lodge applications; give clarity on any issues that arise from the applications; advise and defend clients on issues relating to registration or protection of IPR; and commercialization of IP. Further, we advise and litigate on trade secrets and traditional Knowledge. The Firm also advises on Collective Management Organizations in Copyright and undertakes Recordation of IP.

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:

Corporate governance - the monitoring and regulation of a company's management activities;
Mergers and acquisitions - the strategic pursuit of one company to merge with or acquire another company.
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.
Securities - which serve to prevent activities such as fraudulent practices and insider trading.
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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E-mail: justice@mnmlawafrica.com

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NK Building, JCC Road, Bamburi, Mombasa

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