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Investment Law
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Investment law is a set of legal principles, regulations, and practices that govern the relationships and transactions between investors and their investments. The primary goal of investment law is to promote and regulate investment activities and to protect the interests of investors. It plays a crucial role in regulating investment activities and protecting the interests of investors. It is a complex area of law that requires expertise in securities regulations, contract law, and dispute resolution.
Our Firm handles a wide range of legal issues related to investment, such as:
- Investment vehicles – we advise on the various types of investment vehicles available to investors, including stocks, bonds, mutual funds, real estate, and commodities.
- Securities regulations - Securities laws are a subset of investment law that governs the sale and trading of securities, such as stocks and bonds. Securities regulations aim to protect investors from fraudulent activities and ensure transparency in the securities market.
- Investment transactions – for instance: contract formation; negotiation; and performance.
- Investment disputes: Investment law provides a legal framework for resolving investment disputes between investors and other parties, such as brokers, financial advisors, and companies.
- Investor protections - we advise and ensure our clients’ rights are protected and their activities safeguarded within the bounds of law. Such rights and activities include: the right to property; disclosure of material information; regulating insider trading; and providing remedies for securities fraud.
The law on investment is linear to local investors. The processes, however, converge after the formation of a business entity. On investment, we advise and apply for certificates of compliance for foreign companies, certificates of incorporation for local companies and certificates of registration for sole proprietorships and partnerships. Further, we register firms with National Social Security Fund (NSSF), National Hospital Insurance Fund (NHIF); the Kenya Revenue Authority (KRA) and obtain business permits from the County Government. For foreign investors, we advise and provide aid in: Entry visas; Foreign national registration; Foreign taxpayer registration; investment certificate; Power connection; Security bond; and Work permits
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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.
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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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