GENERAL TERMS AND CONDITIONS

WARNING: for the General Terms and Conditions of the firm in the Democratic Republic of the Congo ("DRC"), please check ici.

Intervention procedures and fees

Article 1. – Scope of Application

These General Terms and Conditions set out the terms governing the provision of legal services by any partner, associate or trainee lawyer of DALDEWOLF SRL, a Belgian limited liability law firm (hereinafter “DALDEWOLF”), including the determination of the professional fees, costs and disbursements payable to DALDEWOLF.

These General Terms and Conditions also govern the liability of DALDEWOLF SRL, its partners, associates, trainee lawyers and any person for whose acts or omissions DALDEWOLF SRL and/or one or more of its partners may be legally responsible in the exercise of the legal profession.

These General Terms and Conditions are provided to the Client together with DALDEWOLF’s fee proposal (the “Offer”), whether set out in an Engagement Letter or in any other written communication (including email correspondence, KYC documentation or similar communications).

By accepting the Offer, the Client unconditionally accepts these General Terms and Conditions.

In the event of any inconsistency between these General Terms and Conditions and the terms of the Offer, the provisions of the Offer shall prevail.

Any general terms and conditions of the Client shall apply only if expressly accepted in writing by DALDEWOLF in advance. These General Terms and Conditions shall also govern all future engagements between DALDEWOLF and the Client.

Any amendment, supplement or waiver of these General Terms and Conditions shall be effective only if expressly agreed in writing by DALDEWOLF.

Article 2. – DALDEWOLF’s Engagement

2.1. The Client retains DALDEWOLF to protect and represent its interests. DALDEWOLF’s engagement may consist of providing legal advice, assistance or representation and includes all services performed for that purpose.

2.2. Before accepting any engagement, DALDEWOLF shall:

verify that no conflict of interest exists. Where a conflict of interest is identified, DALDEWOLF shall decline the engagement;
take all measures necessary to comply with applicable anti-money laundering legislation (see Article 17). The Client undertakes to provide all information and documentation, and to give all undertakings, required for that purpose. Until such information and undertakings have been received, DALDEWOLF shall not commence its engagement.

2.3. The partner responsible for the matter may, under his or her supervision and responsibility, involve one or more partners, associates or trainee lawyers in the performance of the engagement.

DALDEWOLF may also appoint non-lawyer professionals (including bailiffs, technical advisers, experts or other external advisers) where this is necessary for the proper performance of the engagement. Although DALDEWOLF will exercise reasonable care in selecting such persons, it shall not be liable for their acts or omissions. The Client authorises DALDEWOLF to accept, on the Client’s behalf, any reasonable limitation of liability imposed by such third parties.

DALDEWOLF shall perform its services with due care, skill and diligence and in the Client’s best interests, but does not guarantee any particular outcome.

The Client’s attention is drawn to the fact that, in the event of litigation:

the repetitiveness of the fees may oblige the unsuccessful party whose claim has not been awarded or who succumbs to the claims of the opposing party to pay procedural indemnities (indemnity for legal costs);
the Client may also be required to bear the costs of service of process incurred by the opposing party and the costs of enforcement proceedings;
court registry fees may become payable;
proportional court duties or other statutory charges may also apply depending on the circumstances, particularly where a monetary award is sought or granted.

2.4. The Client shall provide DALDEWOLF, as completely as possible, with all relevant facts, information and documents in its possession at the outset of the matter and throughout the engagement, including whenever any new development or change of circumstances arises. The Client shall promptly forward to DALDEWOLF any procedural document, bailiff’s writ, formal notice or other document served upon or notified to the Client. The Client shall also inform DALDEWOLF whether it benefits from legal expenses insurance and shall provide the relevant insurer’s contact details.

2.5 DALDEWOLF draws the Client’s attention to the availability of alternative methods of dispute resolution, including mediation, conciliation and other forms of amicable dispute resolution. Where appropriate, DALDEWOLF considers it part of its professional duty to recommend, encourage and implement such methods at any stage of the matter.

2.6. Unless the Client instructs otherwise, DALDEWOLF may communicate with the Client by any appropriate means, including email and telephone. The Client is responsible for ensuring that the email addresses it provides to DALDEWOLF offer an adequate level of cybersecurity protection against malicious or accidental interference. DALDEWOLF shall not be liable for any loss or damage resulting from the use of email addresses that do not provide an adequate level of security.

Article 3. – Premature termination of the engagement

Either party may terminate DALDEWOLF’s engagement at any time without being required to state any reason.

Upon termination, all documents provided by the Client shall be returned to the Client or transferred to its new legal advisers, unless the Client expressly requests that they be destroyed.

The Client shall remain liable for all professional fees, costs and disbursements incurred up to the effective date of termination.

Article 4. – Fee Statements, Costs and Disbursements

4.1. Unless otherwise agreed in writing, DALDEWOLF’s professional fees, costs and disbursements shall be determined and invoiced in accordance with these General Terms and Conditions.

Where the Client is a natural person, DALDEWOLF shall inform the Client of the possible application of the fee limits provided for by the Royal Decree of 28 June 2019 implementing Articles 8(2) and 11 of the Act of 22 April 2019 aimed at improving access to legal expenses insurance (Belgian Official Gazette, 12 July 2019), together with the consequences thereof. Where appropriate, DALDEWOLF shall also notify the Client’s legal expenses insurer accordingly.

4.2. Upon the opening of a matter, DALDEWOLF may request an advance payment on account of fees (retainer), which may subsequently be replenished as the matter progresses.

4.3. To keep the Client informed of the cost of the engagement, DALDEWOLF shall issue interim fee statements on a regular basis (where possible, monthly). Where not all fees, costs and disbursements have been included in the interim statements, a final statement shall be issued upon completion of the matter.

Article 5. – Calculation of Professional Fees

Unless another fee arrangement has been agreed with the Client and set out in the Offer, DALDEWOLF’s professional fees shall be calculated by reference to the time spent on the matter. Time may be recorded, among other things, for:

reviewing documents and correspondence;
legal analysis, including legal research, drafting and reviewing correspondence, legal opinions, memoranda, pleadings, agreements and any other documents prepared in connection with the matter;
meetings and telephone or video conferences with the Client or third parties, including oral legal advice;
administrative steps, court appearances, hearings, meetings or other proceedings, including the preparation thereof;
travel time and waiting time.

Where more than one lawyer is involved in a matter, the time spent by each lawyer shall be charged cumulatively.

Article 6. – Hourly Rates

The hourly rates (exclusive of VAT) applicable to the matter shall be determined when the matter, or a series of related matters, is opened and shall be specified in the Offer.

Article 7. – Success Fee

7.1. The parties may agree that, upon completion of the engagement, DALDEWOLF shall be entitled to a success fee where the matter is successful, in whole or in part, including where the matter is resolved through a negotiated settlement achieved wholly or partly in the Client’s favour.

7.2. The method for calculating any success fee shall be agreed separately between the parties.

Article 8. – Payment and Default Interest

8.1. Requests for advance payments, interim fee statements and invoices are payable upon receipt and, in any event, no later than twenty-one (21) calendar days after the date of issue. Upon expiry of this period, default interest shall accrue automatically in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, together with its implementing legislation.

Where the Client is neither an undertaking nor a public authority within the meaning of that Act, the same payment period and default interest shall apply.

8.2. If payment is not received within the applicable period, DALDEWOLF may suspend the performance of its services eight (8) calendar days after notifying the Client of its decision to do so and informing the Client of the possible consequences of such suspension.

8.3. In accordance with the Belgian Act of 18 September 2017 on the prevention of money laundering and the restriction of cash payments (Article 67, §2), DALDEWOLF does not accept cash payments exceeding the applicable statutory limit, currently EUR 3,000, including where payments relating to the same transaction are split into several instalments.

Article 9. – Adjustment of Hourly Rates

Unless otherwise agreed between the Client and DALDEWOLF, professional fees, costs and disbursements shall be invoiced on the basis of the agreed rates. Those rates may be adjusted to reflect changes in market conditions. Any revised rates shall become applicable three (3) months after notification to the Client.

Unless otherwise agreed by the Client, DALDEWOLF shall not alter the agreed fee calculation method during the course of an ongoing matter. Revised rates shall therefore apply only to new matters opened after such notification.

Article 10. – Costs

10.1. In addition to professional fees, the Client shall reimburse DALDEWOLF’s costs, including:

file opening and administration costs;
secretarial and administrative support;
general office overheads;
mileage expenses incurred for travel outside the Brussels-Capital Region.

10.2. Unless otherwise expressly agreed in writing, the costs referred to in Article 10.1 shall be charged on a flat-rate basis equal to 7% of the professional fees invoiced. All other costs and disbursements shall be charged at cost. Travel by car outside the Brussels-Capital Region shall be charged at EUR 0.45 per kilometre.

Article 11. – Disbursements

11.1. Disbursements consist of expenses incurred by DALDEWOLF on behalf of the Client, including, without limitation:

bailiffs’ fees;
court and registry fees;
notarial fees relating to powers of attorney;
advances and fees payable to correspondent counsel;
costs relating to specific legal or administrative research;
exceptional travel and accommodation expenses (including airfare, rail travel and hotel costs);
translation costs;
fees of technical advisers, experts or consultants;
courier services and other special or urgent delivery charges.

11.2. The Client undertakes to reimburse all disbursements upon request. Upon request, DALDEWOLF shall provide supporting documentation where available. DALDEWOLF may require a specific advance payment in respect of significant anticipated disbursements.

11.3. Unless otherwise agreed, the Client shall bear disbursements directly.

Article 12. – Professional Secrecy and Confidentiality

All lawyers practising within DALDEWOLF are bound by professional secrecy.

All correspondence, legal opinions, pleadings, memoranda and other documents provided by DALDEWOLF to the Client are supplied on the express condition that the Client shall preserve their confidentiality. The Client shall not disclose or communicate any such documents or their contents to third parties without DALDEWOLF’s prior written consent.

When responding to public procurement procedures or private tenders for legal services, DALDEWOLF may, in strict compliance with the applicable rules of professional conduct, disclose the identity of clients for whom it acts or has acted in the relevant field of law. DALDEWOLF may also provide information concerning the nature of the relevant matters it has handled, provided that no information relating to the Client’s private affairs is disclosed. The Client expressly consents to such disclosure and may withdraw that consent at any time.

Article 13. – Intellectual Property Rights

All legal opinions, memoranda, correspondence, pleadings and other work product prepared by DALDEWOLF remain protected by intellectual property rights. They may not be reproduced, distributed or otherwise used without DALDEWOLF’s prior written consent. Such work product is confidential, has been prepared exclusively for the Client in the context of a specific matter and may not be relied upon or used in relation to any other matter or by any other person without a fresh legal assessment by DALDEWOLF.

Article 14. – Professional Liability

DALDEWOLF’s professional liability shall be limited to the amount covered by the professional indemnity insurance maintained through the Brussels Bar (currently EUR 2.5 million) together with the additional professional indemnity insurance maintained by DALDEWOLF, which, for information purposes only and without contractual effect, currently provides aggregate cover of EUR 12.5 million.

Subject to any mandatory provisions of applicable law prohibiting such limitation, DALDEWOLF shall be liable only for direct loss suffered by the Client as a result of wilful misconduct or gross negligence. Under no circumstances shall DALDEWOLF be liable for any indirect, consequential or incidental loss or damage, including, without limitation, loss of profits, loss of business opportunity, loss of anticipated savings or liability for penalties or claims imposed by third parties.

To the fullest extent permitted by applicable law, and in accordance with Article 6.3 of the Belgian Civil Code, the Client waives any non-contractual (extra-contractual) claim against DALDEWOLF and/or its auxiliary persons, including its directors, managers, employees and other persons engaged in the performance of the engagement, in respect of any act or omission occurring in connection with the services described in Article 2.

Article 15. – Severability

If any provision of these General Terms and Conditions, or any part thereof, is held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

Article 16. – Processing of Personal Data

16.1. DALDEWOLF processes personal data (“Personal Data”) in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and applicable Belgian data protection legislation. DALDEWOLF acts as data controller when processing the Personal Data of its clients, opposing parties, lawyers, judges, bailiffs, prospective clients, suppliers, business partners, job applicants and other third parties (collectively, the “Data Subjects”). The Personal Data processed may include, among other things, names, email addresses, postal addresses, telephone numbers and information relating to the Client’s matter.

16.2. DALDEWOLF processes Personal Data for a number of purposes, including managing and handling Client matters; invoicing and collecting outstanding fees where necessary; archiving and deleting files in accordance with applicable retention requirements; performing its contractual obligations towards the Client. Where a natural person acts on behalf of a corporate Client, DALDEWOLF may process that individual’s Personal Data on the basis of the legitimate interests of both the Client and DALDEWOLF, namely for the proper performance of the legal services requested.

16.3. Where necessary for the performance of the engagement, DALDEWOLF may transfer Personal Data to third parties, including courts, bailiffs, opposing counsel and service providers such as IT contractors.

16.4. Personal Data under DALDEWOLF’s control may also be disclosed to processors (including IT service providers and specialised consultants) or to other data controllers (such as external counsel), where necessary for the proper handling of the Client’s matter.

16.5. Personal Data relating to a Client matter shall be retained for as long as the matter remains active. Upon closure of the matter, DALDEWOLF shall archive the file (including the Personal Data contained therein) and destroy it after a period of five (5) years, unless a dispute has arisen requiring DALDEWOLF to retain the data for the protection of its legal rights. In accordance with applicable professional rules, DALDEWOLF shall retain certain information (including Client identity information) for conflict checking purposes and to ensure compliance with professional secrecy obligations, which are not subject to any limitation period.

16.6 Personal Data may be made available to DALDEWOLF’s office in Kinshasa (Democratic Republic of the Congo). Such transfers are governed by the European Commission’s Standard Contractual Clauses applicable to transfers of personal data to third countries. Although DALDEWOLF has no general intention of transferring Personal Data outside the European Economic Area (“EEA”), such transfers may occasionally prove necessary. In that event, DALDEWOLF shall implement appropriate safeguards to protect the rights and interests of the Data Subjects.

16.7. DALDEWOLF is committed to respecting the rights of Data Subjects under applicable data protection legislation. Any request relating to the processing of Personal Data may be addressed to: dataprotection@daldewolf.com.

Article 17 – Prevention of Money Laundering and Terrorist Financing

17.1. DALDEWOLF complies with all legal obligations relating to client identification and verification. The Client (or, where applicable, its principal) undertakes to provide, without delay, all documents and information required to establish its identity and the origin of the funds involved in the matter and authorises DALDEWOLF to retain copies of such documentation.

The respective obligations of DALDEWOLF and the Client arise under applicable laws and regulations, including the Belgian Act of 18 September 2017 on the prevention of money laundering and terrorist financing. That legislation applies, among other situations, where a lawyer assists a client in preparing or carrying out transactions relating to the purchase or sale of real estate or business assets; the management of funds, securities or other assets; the opening or management of bank, savings or securities accounts; the organisation of contributions required for the incorporation, management or operation of companies; the creation, management or administration of trusts, companies or similar legal structures; or financial or real estate transactions carried out on behalf of the Client. The information that DALDEWOLF is required to obtain through its identification procedures varies depending on whether the Client is a natural person, a legal entity or an authorised representative. The Client undertakes to notify DALDEWOLF promptly of any change to such information and to provide supporting evidence thereof.

17.2. Where the nature of the matter, or any of the circumstances identified by the above legislation (including the country of origin, identification difficulties, unusual characteristics of the Client relationship or transaction, or the involvement of politically exposed persons), requires enhanced due diligence measures, the Client undertakes to provide all information reasonably requested by DALDEWOLF to enable it to comply with its statutory obligations.

17.3. Where DALDEWOLF assists a Client in legal proceedings or provides advice concerning the Client’s legal position, it remains bound by professional secrecy. However, outside those protected activities, Belgian law requires lawyers who suspect money laundering or terrorist financing to report such suspicions to the President of the relevant Bar Association. Where appropriate, the President of the Bar Association shall transmit the report to the Belgian Financial Intelligence Processing Unit (CTIF-CFI) in accordance with applicable law.

Article 18. – Governing Law

These General Terms and Conditions, together with any engagement between the Client and DALDEWOLF, shall be governed by and construed in accordance with the laws of Belgium.

Article 19. – Dispute Resolution and Jurisdiction

The parties may agree to submit any dispute to mediation or conciliation organised by either the French-speaking Bar of Brussels or the Dutch-speaking Bar of Brussels, as applicable.

Failing such agreement, the courts of Brussels, Belgium, shall have exclusive jurisdiction over any dispute arising out of or in connection with these General Terms and Conditions or any engagement between DALDEWOLF and the Client.

***

DALDEWOLF DR CONGO

Terms and conditions of our intervention

Article 1. – Scope of Application

These General Terms and Conditions set out the terms governing the provision of legal services by any partner, associate or trainee lawyer of DALDEWOLF RDC law firm (hereinafter “DALDEWOLF”) provides legal services, including the determination of the professional fees, costs and disbursements payable to DALDEWOLF.

By instructing DALDEWOLF, the Client shall be deemed to have read and accepted these General Terms and Conditions without reservation.

Any conflicting general terms and conditions of the Client shall apply only if expressly accepted in advance and in writing by DALDEWOLF.

These General Terms and Conditions shall also apply to all future relationships between the parties.

Any addition, amendment or derogation must be expressly accepted in writing by DALDEWOLF.

Article 2. – Mission de DALDEWOLF

2.2. Before accepting any engagement, DALDEWOLF shall:

verify that no conflict of interest exists. Where a conflict of interest is identified, DALDEWOLF shall decline the engagement;
take all measures necessary to comply with applicable anti-money laundering legislation (see Article 16). The Client undertakes to provide all information and documentation, and to give all undertakings, required for that purpose. Until such information and undertakings have been received, DALDEWOLF shall not commence its engagement.

2.3. The partner responsible for the matter may, under his or her supervision and responsibility, involve one or more partners, associates or trainee lawyers in the performance of the engagement.

DALDEWOLF est en droit de faire appel à des tiers non-avocats (comme des huissiers de justice, conseils techniques, etc.) en vue de l’exécution de ses activités. DALDEWOLF s’engage à choisir ces tiers avec discernement mais n’est en aucun cas responsable des actes ou négligences de ceux-ci. DALDEWOLF est autorisée par le client à accepter au nom de celui-ci d’éventuelles limitations de responsabilité de ces tiers.

DALDEWOLF agit avec diligence, au mieux des intérêts du client, sans toutefois pouvoir garantir le résultat espéré.

DALDEWOLF shall perform its services with due care, skill and diligence and in the Client’s best interests, but does not guarantee any particular outcome.

The Client’s attention is drawn to the fact that, in the event of litigation:

the repetitiveness of the fees may oblige the unsuccessful party whose claim has not been awarded or who succumbs to the claims of the opposing party to pay procedural indemnities (indemnity for legal costs);
the Client may also be required to bear the costs of service of process incurred by the opposing party and the costs of enforcement proceedings;
court registry fees may become payable;
proportional court duties or other statutory charges may also apply depending on the circumstances, particularly where a monetary award is sought or granted.

Article 3. – Premature termination of the engagement

Either party may terminate DALDEWOLF’s engagement at any time without being required to state any reason.

Upon termination, all documents provided by the Client shall be returned to the Client or transferred to its new legal advisers, unless the Client expressly requests that they be destroyed.

The Client shall remain liable for all professional fees, costs and disbursements incurred up to the effective date of termination.

Article 4. – Fee Statements, Costs and Disbursements

Unless otherwise agreed in writing, DALDEWOLF’s professional fees, costs and disbursements shall be determined and payable in accordance with these General Terms and Conditions.
Upon opening the matter, the Client shall be requested to pay an advance on professional fees. Further advances may be requested depending on the requirements and progress of the matter.

Article 5. – Calculation of Professional Fees

reviewing documents and correspondence;
legal analysis, including legal research, drafting and reviewing correspondence, legal opinions, memoranda, pleadings, agreements and any other documents prepared in connection with the matter;
meetings and telephone or video conferences with the Client or third parties, including oral legal advice;
administrative steps, court appearances, hearings, meetings or other proceedings, including the preparation thereof;
travel time and waiting time.

Where more than one lawyer is involved in a matter, the time spent by each lawyer shall be charged cumulatively.

Article 6. – Hourly Rates

The hourly rates, exclusive of VAT and any other applicable taxes, shall be determined upon the opening of the matter or of a group of matters and confirmed in writing.

Article 7. – Success Fee

7.2. The method for calculating any success fee shall be agreed separately between the parties.

Article 8. – Payment and Default Interest

8.1. Requests for advances, interim statements and invoices for professional fees shall be payable upon receipt and, in any event, no later than thirty (30) days from the date of issue. Any overdue amount shall automatically bear default interest at the rate of twelve per cent (12%) per annum.

8.2. In the event of non-payment within the prescribed period, DALDEWOLF may suspend the performance of its engagement eight (8) calendar days after notifying the Client of its decision and informing the Client of the consequences that may result from such suspension.

Article 9. – Adjustment of Hourly Rates

Article 10. – Costs

10.1. In addition to professional fees, the Client shall reimburse DALDEWOLF’s costs, including:

file opening and administration costs;
secretarial and administrative support;
general office overheads.

10.2. Unless otherwise expressly agreed in writing, the costs referred to in Article 10.1 shall be charged on a flat-rate basis equal to five per cent (5%) of the professional fees invoiced. All other costs and disbursements shall be charged at cost.

Article 11. – Disbursements

11.1. Disbursements consist of expenses incurred by DALDEWOLF on behalf of the Client, including, without limitation:

bailiffs’ fees;
court and registry fees;
notarial fees relating to powers of attorney;
advances and fees payable to correspondent counsel;
costs relating to specific legal or administrative research;
exceptional travel and accommodation expenses (including airfare, rail travel and hotel costs);
translation costs;
fees of technical advisers, experts or consultants;
courier services and other special or urgent delivery charges.

11.3. Unless otherwise agreed, the Client shall bear disbursements directly.

Article 12. – Professional Secrecy and Confidentiality

All lawyers practising within DALDEWOLF are bound by professional secrecy.

Article 13. – Professional Liability

DALDEWOLF’s professional civil liability shall, where applicable, be limited to an amount equal to three (3) times the professional fees received by DALDEWOLF.

Article 14. – Severability

Should any provision, or any part of a provision, of these General Terms and Conditions be declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Article 15. – Processing of Personal Data

15.1. DALDEWOLF processes personal data (“Personal Data”) in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and applicable Belgian data protection legislation. DALDEWOLF acts as data controller when processing the Personal Data of its clients, opposing parties, lawyers, judges, bailiffs, prospective clients, suppliers, business partners, job applicants and other third parties (collectively, the “Data Subjects”). The Personal Data processed may include, among other things, names, email addresses, postal addresses, telephone numbers and information relating to the Client’s matter.

15.2. DALDEWOLF processes Personal Data for a number of purposes, including managing and handling Client matters; invoicing and collecting outstanding fees where necessary; archiving and deleting files in accordance with applicable retention requirements; performing its contractual obligations towards the Client. Where a natural person acts on behalf of a corporate Client, DALDEWOLF may process that individual’s Personal Data on the basis of the legitimate interests of both the Client and DALDEWOLF, namely for the proper performance of the legal services requested.

15.3. Where necessary for the performance of the engagement, DALDEWOLF may transfer Personal Data to third parties, including courts, bailiffs, opposing counsel and service providers such as IT contractors.

15.4. Personal Data under DALDEWOLF’s control may also be disclosed to processors (including IT service providers and specialised consultants) or to other data controllers (such as external counsel), where necessary for the proper handling of the Client’s matter.

15.5. Personal Data relating to a Client matter shall be retained for as long as the matter remains active. Upon closure of the matter, DALDEWOLF shall archive the file (including the Personal Data contained therein) and destroy it after a period of five (5) years, unless a dispute has arisen requiring DALDEWOLF to retain the data for the protection of its legal rights. In accordance with applicable professional rules, DALDEWOLF shall retain certain information (including Client identity information) for conflict checking purposes and to ensure compliance with professional secrecy obligations, which are not subject to any limitation period.

15.6. DALDEWOLF is committed to respecting the rights of Data Subjects under applicable data protection legislation. Any request relating to the processing of Personal Data may be addressed to: dataprotection@daldewolf.com.

Article 16 – Prevention of Money Laundering and Terrorist Financing

16.1. DALDEWOLF complies with all legal obligations relating to client identification and verification. The Client (or, where applicable, its principal) undertakes to provide, without delay, all documents and information required to establish its identity and the origin of the funds involved in the matter and authorises DALDEWOLF to retain copies of such documentation.

The obligations of DALDEWOLF and the Client arise under both Congolese and Belgian legislation, DALDEWOLF RDC being a subsidiary of DALDEWOLF SRL, a Belgian law firm, and in particular under the Belgian Act of 18 September 2017 on the prevention of money laundering and terrorist financing. That legislation applies, among other situations, where a lawyer assists a client in preparing or carrying out transactions relating to the purchase or sale of real estate or business assets; the management of funds, securities or other assets; the opening or management of bank, savings or securities accounts; the organisation of contributions required for the incorporation, management or operation of companies; the creation, management or administration of trusts, companies or similar legal structures; or financial or real estate transactions carried out on behalf of the Client. The information that DALDEWOLF is required to obtain through its identification procedures varies depending on whether the Client is a natural person, a legal entity or an authorised representative. The Client undertakes to notify DALDEWOLF promptly of any change to such information and to provide supporting evidence thereof.

16.2. Where the nature of the matter (as referred to in Article 16.1), or any of the circumstances identified by the above legislation (including the country of origin, identification difficulties, unusual characteristics of the Client relationship or transaction, or the involvement of politically exposed persons), requires enhanced due diligence measures, the Client undertakes to provide all information reasonably requested by DALDEWOLF to enable it to comply with its statutory obligations.

16.3. Where DALDEWOLF assists the Client in judicial proceedings or provides advice for the purpose of assessing the Client’s legal position, DALDEWOLF remains bound by strict professional secrecy. The Client nevertheless acknowledges that, outside the scope of legal defence or legal advice concerning the assessment of the Client’s legal position, the applicable legislation may require lawyers to report suspected money laundering or terrorist financing activities to the President of the Bar Association in accordance with the applicable legal and professional rules.

Article 17. – Governing Law

The relationship between the parties shall be governed by the laws of the Democratic Republic of the Congo. In addition, Belgian legislation relating to the prevention of money laundering and terrorist financing shall apply to the extent referred to in Article 16 above, DALDEWOLF RDC being a subsidiary of a Belgian law firm.

Article 18. – Dispute Resolution and Jurisdiction

18.1. In the event of a dispute relating to professional conduct or professional fees, the parties shall first refer the matter to the President of the Kinshasa/Matete Bar Association.

18.2. Any other dispute, including any dispute relating to professional liability, shall fall within the exclusive jurisdiction of the courts of Kinshasa/Gombe.