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GENERAL TERMS AND CONDITIONS

WARNING: for the General Terms and Conditions of the Office in DR Congo, please check here.

Intervention procedures and fees (applicable as from December 1, 2019)

Article 1 – Scope

The present provisions specify the intervention procedures of any lawyer of the
limited liability law firm DALDEWOLF SRL/BV (hereinafter: “DALDEWOLF”), including the determination of fees, expenses and disbursements due. When a client
engages the services of DALDEWOLF, he is deemed to know and accept these
terms and conditions without reservation. Any contrary general terms and conditions will only be applicable if DALDEWOLF expressly agrees in writing thereto. These terms and conditions shall also apply to all future relationships between parties. Any additions, amendments or derogations must be
expressly accepted in writing by DALDEWOLF.

Article 2 – Mission of DALDEWOLF

2.1.          The client engages DALDEWOLF to defend the interests entrusted to it. The lawyer’s engagement is to advise, assist or represent the client. It includes  ll the services performed for this purpose.

2.2.          Before accepting a mission, DALDEWOLF shall:

  • verify the absence of conflicts of interest. In the event of conflict,  DALDEWOLF shall refuse the mission;
  • take all the appropriate measures to comply with anti-money-laundering legislation (see Article 17 below). The client undertakes to provide all the information and to make any commitment required for this purpose. Failure to obtain said commitments and information, shall result in DALDEWOLF refusing the engagement.

2.3.          The partner of DALDEWOLF in charge of the case reserves the right to engage, under his or her responsibility, one or more partners or associates during the execution of that engagement.

DALDEWOLF is entitled to engage non-lawyer third parties (such as bailiffs, technical advisers, etc.) in order to carry out its activities. DALDEWOLF  undertakes to choose those third parties with due care but is in no way responsible for their acts or negligence. DALDEWOLF is authorised by the client to accept on behalf of the latter any limitations of liability of those third parties.

DALDEWOLF shall act diligently, in the best interests of the client, but cannot guarantee the expected result.

The client’s attention is drawn to the fact that, in case of litigation:

  • the repetitiveness of the fees may oblige the client whose claim has not been awarded or who succumbs to the claims of the opposing party to
    pay procedural indemnities;
  • registration taxes may also be due, depending on the circumstances.

2.4.          The client shall inform DALDEWOLF, as completely as possible, of all the relevant facts and shall communicate to it all the relevant elements and documents in his possession at the beginning of the case and throughout the
mission, in particular, on the occasion of any new development or change of
circumstances. He shall submit to DALDEWOLF any procedural deed, bailiff’s summons, letter of formal notice of default or document of any kind served upon him as soon as it is received. The client shall also inform DALDEWOLF of any legal protection insurance policy he has taken out and shall provide DALDEWOLF with the contact details of the insurance company concerned.

2.5          DALDEWOLF draws the client’s attention to the possibility of resolving disputes by means other than through the courts, such a s mediation,  conciliation or any other form of alternative dispute resolution mechanisms. DALDEWOLF considers that it is part of its mission to recommend, promote and implement them as far as possible, at any stage of the handling of the case.

2.6. Unless expressly stated otherwise by the client, DALDEWOLF will communicate with the client by any standard and appropriate means, such as email and telephone. It is the responsibility of the client to ensure that the email addresses provided to DALDEWOLF have a sufficient degree of security against
any malicious or accidental computer hacking. DALDEWOLF may not be held liable for damage that may result from the use of email addresses of clients that have a level of security that is absent or insufficient against any malicious or accidental computer hacking.

Article 3 – Premature termination of the engagement

Each party has the right to terminate the lawyer’s engagement at any time without having to justify the reason therefor.

In such case, the documents supplied by the client to DALDEWOLF shall be returned to the former or transmitted to its new legal advisor, unless the client
expressly requests their destruction.

The fees, expenses and disbursements of DALDEWOLF are due by the client for services rendered until the day of the termination of the engagement.

Article 4 – Statement of fees, costs and disbursements

4.1.          Unless otherwise agreed in writing, the fees, costs and disbursements due to DALDEWOLF are determined and due in accordance with these terms and conditions.

The client who is a natural person will be informed by DALDEWOLF of the possible application of the amount of the services set out in the Royal Decree of 28 June 2019 implementing Articles 8, §2 and 11 of the law of 22 April 2019
on making legal protection insurance more accessible (Royal Decree of 12 July
2019) and the consequences resulting therefrom.
If applicable, DALDEWOLF shall simultaneously inform the client’s legal  protection insurance company.

4.2.          At the opening of the case, a retainer fee is constituted and may be renewed according to the needs of the case.

4.3.          In order to keep the client informed of the cost of its intervention, DALDEWOLF shall regularly send him interim statements (on a monthly basis, if possible). If all the services and expenses have not been included in the interim statements, a summary statement shall be drawn up at the close of the case.

Article 5 – Calculation of fees

Unless otherwise agreed with the client, fees are based on the number of hours DALDEWOLF has spent on the case. In particular, the following are taken into account:

  • legal analysis, including research, drafting or proofreading of any document (correspondence, written notice, written consultations, pleadings, agreements, memoranda or notes) to be drafted in the context of the case;
  • meetings and telephone conversations with the client or with third parties, including oral opinions;
  • administrative procedures, pleadings, presence at any hearing, meeting or other session, including the preparation there of;
  • travel and waiting times.

If several lawyers are involved, the duration of their respective services are accrued.

Article 6 – Hourly rate

The hourly rate excluding VAT put forward is determined upon opening the case or group of cases and specified in writing.

Article 7 – Success fee

7.1.          The parties may agree that at the end of the engagement, DALDEWOLF will take into account a success fee when a case is won, even partially, or when
an agreement has been negotiated in whole or in part for the client.

7.2.          The methods of calculating the success fee will be agreed between the parties.

Article 8 – Payment and default interest

8.1.          Requests for provisional payments, interim statements and statements of fees are due for payment no later than the 21st day after the date of dispatch.

At the end of this period, default interest s become due pursuant to the law of 2 August 2002 on combating late payment in commercial transactions and its implementing decrees, at the rate set by this law.

The fees payable by a client who is not a company or a public authority within the meaning of the law of 2 August 2002 are subject to the same payment period and interests for late payment.

8.2.          In the event of non-payment within the deadline, DALDEWOLF will suspend the execution of its mission eight calendar days after having notified its decision to the client, mentioning the consequences that may result therefrom.

Article 9 – Indexing and modification

Unless otherwise agreed between the client and DALDEWOLF, DALDEWOLF will invoice its services, fees and any disbursements based on the agreed rates. These rates may be adjusted according to market developments and will be
applicable between parties three months after notification of the amended rates.

Unless otherwise agreed by the client, DALDEWOLF will not change the method for calculating fees, expenses and disbursements during the course of the case.

Article 10 – Expenses

10.1.        The expenses are due, in addition to the fees. They cover:

  • The opening of the case;
  • Secretarial expenses;
  • Other operating expenses;
  • Travel costs per km outside the Brussels-Capital Region.

10.2.
The costs referred to in Article 10.1 shall be charged at a flat rate – unless  expressly agreed otherwise – up to 7% of the amount of fees charged. Other expenses are billed to the client at cost. Travel costs per kilometer outside the Brussels-Capital Region are charged at 0,40 EUR / km.

Article 11 – Disbursements

11.1.        Disbursements are costs borne by DALDEWOLF on behalf of the client, including:

  • bailiff fees;
  • court fees and levies;
  • notarial power of attorney;
  • provisions and fees of foreign correspondents;
  • the costs of specific research;
  • extraordinary travel and accommodation expenses (air plane, train, hotels etc.);
  • translation costs;
  • the costs of technical advice;
  • the costs of sending parcels or special or urgent mails.

The client undertakes to reimburse the expenses up on simple request. DALDEWOLF shall produce the receipts at the client ‘s request if they exist. A specific provision may be requested from the client for important disbursements.

11.3.        Unless otherwise agreed, the client shall pay the expenses directly.

Article 12 – Professional secrecy and confidentiality

The lawyers of the DALDEWOLF are subject to professional secrecy.

All letters, notices, records of the proceedings, etc. provided by DALDEWOLF to the client are subject to the express condition that the client respects their confidentiality. The client may only transmit their content to third parties with the express, prior written consent of DALDEWOLF.

When applying for a public contract or responding to a private tender for legal services, DALDEWOLF may be required, in strict compliance with the
professional rules of the Bar, to reveal the names of the clients for whom the firm is acting or has acted in the area concerned. The same applies to information relevant to the subject of the contract in the cases handled. Information provided shall not in any way relate to the privacy of the client. The client hereby consents to such communication, which consent may be revoked at
all times.

Article 13 – Intellectual property rights

The advice, opinions, documents, etc. from DALDEWOLF are protected by intellectual property rights and may only be reproduced with the express and
prior written consent of DALDEWOLF. They are confidential and sp ecific to a client in given circumstances and may not be transposed to other situations or to other persons without a new analysis conducted by DALDEWOLF.

Article 14 – Professional responsibility

DALDEWOLF’s civil liability is limited to the amount covered by the professional liability insurance policy taken out via the Brussels Bar (for an amount of €2.5 million) and by DALDEWOLF’s civil liability insurance
policy, regarding which it is specified, for information purposes only and not contractually, that it is currently for an amount of € 10 million.

Article 15 – Severability

Should one of the clauses or part of one of the clauses of the general conditions
be declared null and void or inapplicable, all the other clauses shall remain in force.

Article 16 – Processing of personal data

16.1.        DALDEWOLF processes personal data (hereinafter: “personal data”) in accordance with the provisions of the General Data Protection Regulations (Regulation No. 2016/679) and the relevant Belgian legal provisions. It acts as data controller when it processes the personal data of its clients, opponents, other lawyers, judges, bailiffs, potential clients, suppliers, partners, candidates or other third parties (hereinafter: “data subjects/persons concerned”).
DALDEWOLF uses the personal data provided, such as name, email address, postal address, telephone number and information on the client’s case.

16.2.        DALDEWOLF processes the personal data for several purposes, including the handling of the case, the billing of its services, the recovery of debts if necessary, the archiving and the deletion of the data, within the framework of the performance of the contract concluded with the client. If a natural person represents a company that is the client, DALDEWOLF may process the personal data of a natural person representing a client company on the basis of the legitimate interests of the client and DALDEWOLF (i.e., to provide the services for which the client has engaged DALDEWOLF).

16.3.        DALDEWOLF may transfer personal data to third parties (such as courts, bailiffs, adversaries, subcontractors such as IT service providers) when the case so requires.

16.4.        Personal data that are under the control of DALDEWOLF may be transferred to subcontractors (such as IT service providers or other consultants) or to other controllers (e.g. other lawyers) when required for the processing of clients’ files.

16.5.        DALDEWOLF keeps personal data relating to clients’ cases as long as
these are being processed.
DALDEWOLF archives the files of the case (and the personal data they contain) when it is closed and destroys it at the end of a period of five years after its closure (unless a dispute arises and DALDEWOLF needs the data to defend its rights). According to the professional rules, DALDEWOLF must keep data
(such as the identity of the clients) in order to verify conflicts of interest and to ensure the respect for professional secrecy, which is imprescriptible.

16.6.        Personal data will be made available to the DALDEWOLF office in Kinshasa (DRC), which is bound by standard contractual clauses for the transfer of personal data to third countries (Commission Decision 2004/915 amending Decision 2001/497). DALDEWOLF has no intention of transferring personal data to other countries outside the EEA, but this may be necessary in specific cases and DALDEWOLF will take appropriate measures to protect the rights and interests of its clients.

16.7.        DALDEWOLF undertakes to respect the rights of the data subject [person concerned], who may exercise his rights and make contact by sending an e-mail to: dataprotection@daldewolf.com

Article 17 – Prevention of money laundering and financing terrorism

17.1.        DALDEWOLF complies with its legal duties regarding the identification of clients and their representatives. The latter undertake to provide spontaneously any documents enabling the establishment of identity and authorise the lawyer to take a copy thereof.

The duties of DALDEWOLF and of the client derive from the laws and  regulations and in particular the provisions of the law of 18 September 2017 on the prevention of money laundering and terrorist financing, which applies in particular when the lawyer assists his client in the preparation of specific operations such as: assisting the client in the preparation or execution of operations such as the purchase or sale of real estate or commercial enterprises; management of funds of securities or other assets belonging to clients or their
representatives; opening or managing bank accounts, savings accounts or port
folios; organisation of contributions necessary for the constitution, management or directorship of companies; formation, management or direction of trusts, companies or similar structures or interventions in the name and on behalf
of the client in any financial and real estate transactions. The information that must be required by DALDEWOLF from its client varies depending on whether it is a natural person, a legal person, or an agent. The client shall promptly and spontaneously inform DALDEWOLF of any changes and will provide proof of this.

17.2.        When the nature of the case (as defined in Article 17.1) or when the particular situations provided by the aforementioned law of 18 September 2017 (country of origin, identification difficulties, unusual relationship between the client and DALDEWOLF or the nature of the transactions, public or similar personality) impose on DALDEWOLF an obligation of enhanced vigilance, the client undertakes to answer any question by DALDEWOLF enabling the latter to comply with its legal obligations in the fight against money laundering and the financing of terrorism.

17.3.        When DALDEWOLF assists the client in his legal defence or when
assessing his legal position, DALDEWOLF is bound by strict professional secrecy. It is specified that the law requires the lawyer to inform the “bâ
tonnier” (the head of the Bar) as soon as he finds, outside the scope of
his task of conducting the defence in legal proceedings or of consultation relating to the analysis of the legal situation of the client, facts which he suspects to be linked to money laundering or the financing of terrorism. The “bâtonnier”
shall forward the suspicious transaction report to the National Financial Information Processing Unit (CTIF).

Article 18 – Applicable law

Belgian law is applicable to relations between parties.

Article 19 – Arbitration and competent jurisdiction

The parties may agree to use the mediation and conciliation procedures organised by the French speaking Bar Association of Brussels or by the Dutch
speaking Bar Association of Brussels.

They may also, by common consent, prefer arbitration instituted by the rules of order of the French speaking Bar Association of Brussels or the Dutch speaking
Bar Association of Brussels.

Otherwise, any dispute falls within the exclusive jurisdiction of the Brussels courts.

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DALDEWOLF DR CONGO

Terms and conditions of our intervention (applicable as from December 1, 2019)

Article 1. – Scope of application

The present provisions specify the terms and conditions of intervention of any lawyer being a partner, associate or trainee of the law firm DALDEWOLF RDC (hereinafter: DALDEWOLF), including the determination of the fees, costs and disbursements due to it.

When a customer uses the services of DALDEWOLF, he/she/it is deemed to know and accept without reservation the present general terms and conditions.

Any terms and conditions to the contrary shall only apply if they have been expressly agreed upon by DALDEWOLF in advance and in writing.

These terms and conditions shall also apply to all future relationships between the parties.

Any additions, changes or deviations must be expressly agreed upon in writing by DALDEWOLF.

Article 2. – Mission of DALDEWOLF

  • The client entrusts DALDEWOLF with the defence of the interests he/she/it entrusts to it. The lawyer’s mission is to advise, assist or represent the client. It includes all services performed for this purpose.

Before accepting an assignment, DALDEWOLF:

  • verifies that there is no conflict of interest. In case of conflict, DALDEWOLF refuses the mission;
  • takes all useful measures to comply with the legislation on the fight against money laundering (see, article 17). The client undertakes to provide all the information and to make any commitment required for this purpose. In the absence of having collected the said commitments and information, DALDEWOLF refuses the mission.
  • The DALDEWOLF partner in charge of the matter reserves the right to call upon one or more partners, associates or trainees, under his or her responsibility, in the performance of this mission.

DALDEWOLF shall be entitled to engage the services of non-lawyer third parties (such as bailiffs, technical consultants, etc.) for the performance of its activities.  DALDEWOLF undertakes to select such third parties with due care, but shall not be liable in any way for their actions or negligence. DALDEWOLF is authorized by the client to accept any limitations of liability of such third parties on behalf of the customer.

DALDEWOLF acts with diligence, in the best interests of the client, but without being able to guarantee the expected result.

The attention of the customer is drawn to the fact that in case of dispute :

  • the repetitiveness of the fees can oblige the client who loses his/her/its action or who succeeds in the claims of the opposing party to pay procedural indemnities;
  • proportional fees may also be payable, depending on the circumstances.
  • The client shall inform DALDEWOLF, as fully as possible, of all the relevant facts and shall provide it with all the useful elements and documents in his/her/its possession at the beginning of the case and throughout the mission, in particular, at the time of any new development or change in circumstances. The client shall hand over to DALDEWOLF any procedural document, bailiff’s summons, letter of formal notice or document of any kind that is served upon him/her/it upon receipt. The customer shall also inform DALDEWOLF of the possibility of taking out legal protection insurance and shall provide DALDEWOLF with the details thereof.

2.5.    DALDEWOLF draws the client’s attention to the possibility of resolving disputes by means other than litigation, such as mediation, conciliation or any other amicable dispute resolution method. DALDEWOLF considers that it is part of its mission to recommend, encourage and implement them as far as possible, and this at any stage of the management of a file.

2.6.     Unless otherwise expressly indicated by the customer, DALDEWOLF shall communicate with the customer by any standard and appropriate means, such as e-mail and telephone. It is the customer’s responsibility to ensure that the e-mail addresses communicated to DALDEWOLF have a sufficient degree of security against malicious or accidental computer attacks. DALDEWOLF shall not be liable for any damages that may result from the use of customer e-mail addresses that have no or insufficient security against malicious or accidental computer attacks.

Article 3. – Early termination of the mission

Either party has the right to terminate the attorney’s engagement at any time, without having to justify the reason.

In this case, the documents handed over by the customer to DALDEWOLF shall be returned to the customer or passed on to his/her/its new counsel, unless the customer expressly requests their destruction.

DALDEWOLF’s fees, costs and disbursements are due from the client for services performed up to the day the assignment ends.

Article 4. – Statement of fees, costs and expenses

  • Unless otherwise agreed in writing, the fees, costs and disbursements due to DALDEWOLF shall be fixed and payable in accordance with these terms and conditions.
  • At the opening of the file, a provision of fees is established and may be renewed according to the needs of the file.

Article 5. – Calculation of fees

Unless another method of calculation has been agreed upon with the client in the letter of engagement signed by him/her/it, the fees are based on the number of hours spent by DALDEWOLF on the matter.  This includes, in particular, the following:

  • the examination of the documents in the file and the correspondence received;
  • legal analysis, including research, drafting or proofreading of any document (correspondence, written opinions, written consultations, pleadings, agreements, briefs or notes) to be drafted in connection with the matter;
  • meetings and telephone conversations with the client or third parties, including oral advice;
  • administrative procedures, pleadings, attendance at any hearing, meeting or other session, including the preparation of such duties;
  • travel and waiting times.

If more than one lawyer is involved, the time of their respective services is added together.

Article 6. – Hourly rate

The advertised hourly rate excluding VAT is determined at the opening of the matter or a set of matters and specified in writing.

Article 7. – Success fee

  • The parties may agree that, at the end of the mission, DALDEWOLF will take into account a success fee in case of winning even partially of the litigation or in case of conclusion of an agreement negotiated in whole or in part for the client.
  • The methods of calculation of the result fee will be agreed between the parties.

Article 8. – Payment and default interest

  • Claims for advance payment, interim statements and statements of fees are payable upon receipt, but no later than the 30th day following the date of dispatch. After the expiry of this period, interest on arrears is due at the rate of 12% per annum.
  • In case of non-payment within the deadline, DALDEWOLF will suspend the performance of its mission, eight (08) calendar days after having notified its decision to the client, mentioning the consequences that may result.

Article 9. – Indexation and modification

Unless otherwise agreed upon between the client and DALDEWOLF, DALDEWOLF shall invoice its services, costs and any outlays on the basis of the agreed rates. These rates may be adjusted in accordance with market developments and shall be applicable between the parties three months after notification of the adjusted rates.

Unless agreed upon by the client, DALDEWOLF does not change the method of calculation of fees, costs and disbursements during the course of a matter.

Article 10. – Fees

10.1.      The incurred costs are due in addition to the fees. They cover:

  • opening a file
  • secretarial fees
  • other operating expenses

10.2.      The costs referred to in Article 10.1 shall be charged as a lump sum, unless otherwise expressly agreed, up to five (05) % of the amount of the fees invoiced.  Other costs and disbursements shall be charged to the client at cost.

Article 11. – Disbursements

11.1.       Disbursements shall consist of the costs incurred by DALDEWOLF on behalf of the client, including but not limited to:

  • bailiff’s fees;
  • court fees and court costs;
  • notary’s power of attorney fees;
  • provisions and correspondents’ fees;
  • specific research costs (e.g. legal and administrative documentation);
  • extraordinary travel and accommodation expenses (plane, train, hotels, etc.);
  • translation costs;
  • technical consulting fees;
  • the cost of sending special or urgent packages or mail.

11.2. The client undertakes to reimburse the outlays on request. DALDEWOLF shall provide the client with receipts at the client’s request, if they exist. The client may be asked to make a specific provision for large outlays.

11.3. Unless otherwise agreed, the client shall bear the expenses directly.

Article 12. – Professional secrecy and confidentiality

DALDEWOLF’s lawyers are bound by professional secrecy.

All letters, notices, procedural documents, etc., sent by DALDEWOLF to the client are subject to the client’s express condition of confidentiality. All correspondence, notices, procedural documents, etc., sent by DALDEWOLF to the client are sent under the express condition that the client will keep them confidential. The client may only pass on the contents to third parties with the express prior written consent of DALDEWOLF.

When responding to a public contract or to a private call for tender for legal services, DALDEWOLF may be led, in strict compliance with the rules of professional ethics of the lawyer, to reveal the names of the clients for whom it intervenes or has intervened in the matter concerned, just as it may provide information related to the subject matter of the contract in the matters it handles or has handled. The information communicated shall not, under any circumstances, relate to the client’s private life. The client agrees to this communication, which can be revoked at any time.

Article 13. – Professional liability

DALDEWOLF’s professional liability, if any, is limited to the equivalent of three (03) times the amount of fees collected.

Article 14. – Divisibility

If any provision or part of any provision of these terms and conditions is held to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Article 15. – Processing of personal data

15.1.        DALDEWOLF processes personal data in accordance with the provisions of the General Data Protection Regulation (Regulation No 2016/679). It acts as a data controller when processing the personal data of its clients, opponents, other lawyers, judges, bailiffs, potential clients, suppliers, partners, applicants or other third parties (“data subjects”). DALDEWOLF uses the personal data provided, such as, for example, name, e-mail address, address, telephone number and file information of the client.

15.2.       DALDEWOLF processes personal data for several purposes, such as the processing of the file, the billing of its services, the collection of debts if necessary, the archiving and deletion of data, within the framework of the execution of the contract concluded with the client. If a natural person represents a company that is the client, DALDEWOLF may process the personal data of a natural person representing a client company on the basis of the legitimate interests of the client and DALDEWOLF (i.e. in order to provide the services for which the client has called upon DALDEWOLF).

15.3.       DALDEWOLF may transfer personal data to third parties (such as courts, bailiffs, adversaries, subcontractors such as IT service providers) when required by the case.

15.4.      Personal data under the control of DALDEWOLF may be transferred to subcontractors (such as IT service providers or other consultants) or other data controllers (e.g. other lawyers) when necessary for the processing of client matters.

15.5.       DALDEWOLF shall retain the personal data relating to the client’s matter for as long as it is processed. DALDEWOLF shall archive the file (and the personal data contained therein) upon its closure and destroy it after five years after its closure (unless a dispute has arisen and DALDEWOLF needs the data to defend its rights). Under professional rules, DALDEWOLF is required to retain certain data (such as the identity of clients) in order to check for conflicts of interest and to ensure compliance with professional secrecy, which is not subject to limitation.

15.6.      DALDEWOLF undertakes to respect the rights of the person concerned, who may exercise his, her or its rights and make contact by sending an email to dataprotection@daldewolf.com.

Article 16 – Prevention of money laundering and terrorist financing

16.1.       DALDEWOLF complies with its legal obligations regarding the identification of the client or his principal. The client or principal undertakes to provide spontaneously all documents allowing the establishment of the identity and authorizes the lawyer to take copies of them.

The obligations of DALDEWOLF and the client arise from the Congolese and Belgian laws and regulations, DALDEWOLF DRC being a subsidiary of the limited liability law firm DALDEWOLF SRL/BV, and in particular from the provisions of the Belgian Law of September 18, 2017 relating to the prevention of money laundering and financing of terrorism, which applies in particular when the lawyer assists his client in the preparation of specific transactions such as: assisting the client in the preparation or realization of operations such as the purchase or sale of real estate or commercial enterprises; management of securities funds or other assets belonging to the clients or his/her/its principal; opening or management of bank, savings or portfolio accounts; organization of the contributions necessary for the incorporation, management or direction of companies; incorporation, management or direction of trusts, companies or similar structures or interventions in the name and on behalf of the client in all financial and real estate transactions. The information required by DALDEWOLF from its client varies depending on whether the client is a natural person, a legal person or a proxy. The client shall inform DALDEWOLF of any changes as soon as possible and without delay and shall provide proof of such changes.

16.2.       When the nature of the matter (as defined in Article 16.1) or when the particular situations provided for by the aforementioned Belgian Law of September 18, 2017 (country of origin, identification difficulties, unusual relationship between the client and DALDEWOLF or the nature of the operations, public figure or similar) impose on DALDEWOLF an enhanced due diligence obligation, the client undertakes to answer any question from DALDEWOLF enabling it to comply with its legal obligations in terms of the fight against money laundering and the financing of terrorism.

16.3.       When DALDEWOLF assists the client in his/her/its legal defence or when it proceeds to the evaluation of his/her/its legal situation, DALDEWOLF is bound to the strict respect of professional secrecy. It is specified that the law requires the lawyer to inform the President of the Bar as soon as he/she notices, outside his/her mission of legal defence or consultation relating to the analysis of the client’s legal situation, facts that he/she suspects to be related to money laundering or terrorism financing.

Article 17. – Governing law

The laws of the Democratic Republic of Congo are applicable to the relations between the parties, except for the additional application of Belgian law, as a subsidiary of a Belgian law firm, in matters of the fight against money laundering and the financing of terrorism, as referred to in Article 16 above.

Article 18. – Arbitration and jurisdiction

18.1.     In the event of a dispute of a deontological nature or concerning fees, the parties shall refer the matter to the President of the Bar Association of Kinshasa/Matete.

18.2. In the event of a dispute of any other nature, particularly in matters of civil liability, any such dispute shall fall under the exclusive jurisdiction of the courts of Kinshasa/Gombe.

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