OHADA DESK | Kinshasa
We assist you in achieving success in the Democratic Republic of Congo (DRC) and in Central and West Africa.
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A LAW FIRM IN DRC SINCE 2018
The DALDEWOLF law firm, founded in Brussels in 1958, has developed an OHADA Desk, whose lawyers practice both in Kinshasa (since 2018) and Brussels. These lawyers are either members of a Congolese bar association, a Belgian bar association, or both, like Patrick De Wolf, who is a member of both the Brussels Bar (1986) and the Kinshasa/Matété Bar (2020).
The lawyers of the OHADA Desk have thus established a cross-practice between their offices in Kinshasa (DRC) and Brussels (Belgium), offering their clients exceptional efficiency in handling all OHADA law-related cases, especially in the Democratic Republic of Congo.
These lawyers provide legal assistance to a diverse clientele, including multinational companies, SMEs, startups, NGOs, international institutions, public and para-public entities, investment funds, African diaspora in Europe, and European diaspora in Africa.
They form a multidisciplinary team (OHADA law, corporate law, taxation, mining law, competition law, PPPs and public procurement, IP/IT, litigation & ADR).
Their areas of activity are primarily related to business and corporate life in the firm’s typical areas of practice, including obtaining licenses and permits for certain activities (mining, hydrocarbons, energy, banking and financial services, telecommunications, agriculture) and handling judicial disputes or arbitration (CCJA, ICC, UNCITRAL) and mediation.
Furthermore, DALDEWOLF regularly carries out consultancy missions for states or donors in Africa, for example, in auditing and revising laws and regulations, debt renegotiation, and supporting major projects, etc.
Finally, in order to provide pragmatic and on-the-ground services to its clientele, DALDEWOLF relies on its office in Kinshasa and a network of law firms (including the ABLE Network | Club 54, present in over 40 African countries), accounting professionals, and sector-specific consultants (mining, agriculture, environment, finance, etc.), built over the years.
What is OHADA Law?
The OHADA law aims to harmonize business law within the OHADA zone, currently composed of 17 African states.
On October 17, 1993, several African states signed the OHADA Treaty. On July 13, 2012, the Democratic Republic of the Congo joined this treaty.
The Treaty enabled the creation of institutions that serve as the pillars of OHADA: the Common Court of Justice and Arbitration (CCJA), based in Abidjan; the Permanent Secretariat, the Council of Ministers, and the training school (ERUSMA). These institutions have established a uniform law covering various areas, such as general commercial law, commercial company law, security rights law, debt recovery law, corporate insolvency law, arbitration law, and transportation law.
It is important to note that OHADA law shares similarities with Belgian and French laws, as many jurists from these countries contributed to its development.
LATEST NEWS
CREDENTIALS
- In 2022, DALDEWOLF acted as legal counsel for a consortium of banks in the refinancing of a mining project in the DRC (approximately 600 million USD). This case required intensive work and interaction with English, American, and Congolese lawyers.
- Also, in 2022, DALDEWOLF acted as the Belgian agent for a Congolese bank, with numerous Belgian minority shareholders, in a capital increase and a buyout offer to the minority shareholders.
- In 2021 and 2022, DALDEWOLF served as legal counsel for a minority shareholder (20%) of an industrial company in the DRC, assisting in the multi-jurisdictional financing restructuring of the joint venture (with the main lenders being the IFC and the Eastern and Southern African Trade and Development Bank) (total financing amount: 160 million USD).
- In 2021, DALDEWOLF provided advice to a company based in the DRC and its European majority shareholder for its recapitalization. The IFC and the Democratic Republic of the Congo are minority shareholders of the company (refinancing amount: 60 million USD).
- Furthermore, in 2021, DALDEWOLF acted as local counsel (in the DRC) in collaboration with a leading international law firm for a company operating in the energy sector, regarding credit facilities granted by a development bank (transaction amount: approximately 10 million USD). In this context, DALDEWOLF reviewed or prepared the following agreements: Onshore Account Bank Agreement, Onshore Account Pledge, Movables Pledge, Offshore Account Bank Agreement, Offshore Bank Account Charge, Assignment of Receivables, and Subordination Agreement.
- Additionally, in 2020/2021, DALDEWOLF provided assistance to a pool of European investors in the hydroelectric energy sector in the DRC (financing for 3 mini-networks), including the review of financing contracts under OHADA law (90 million USD).