Financial & Investment Finance Sector
- Financial Sector Legal Advisory ServicesThe Kenyan financial sector legal framework environment has overtime increasingly become complex if not onerous for the un-initiated. Combined with punitive corporation penalties and director sanctions for non-compliance, demands of necessity that businesses within the sector closely and consistently consult with highly specialised legal advisors to reduce if not eliminate technical breach incidences that threaten the existence of the business when flagged by the regulator. We offer a one-stop shop to ensure our clients’ comply with the A-Z of licensing requirements for Digital Credit Providers (DCPs). We handhold our clients from the business inception registration to fulfilment of the licensing requirements as a DCP. The goal is to ensure that you comply with the Central Bank of Kenya (CBK) licensing obligations for those DCPs that are already operational and have no DCP license.
- Payment Service Providers (PSPs) service offeringThe emergence of financial technology companies that transcend the financial and technology divide no doubt represents a major source of disruption in the financial services market. The internet of things, artificial intelligence and robotics, big data, blockchain, the cloud and 3D printing technologies are evolving rapidly and as a result, organizations large and small, private and public, are fundamentally rethinking their old business models that face the risk of rendered obsolete. With respect to the PSP category, we provide advisory services to those who intend to operate or are already operating a PSP business.
- Living and testamentary Trust formations for generational Wealth ManagementThe law providing for the incorporation of certain trusts and related matters is set out in the Trustees (Perpetual Succession) Act. Section 3 (1) of the Act provides that the trustees who have been appointed by anybody or association established for any religious, educational, literary, scientific, social, athletic or charitable purpose or who have constituted themselves for any such purpose may apply in the manner provided for in the Act, for a certificate of incorporation of the trustees as a corporate body. Under sec 3D(1) and (2) of the Trustees (Perpetual Succession) Act one can incorporate a living or testamentary trust for the preservation or creation of wealth for multiple generations. Trusts can be established through personal will and can be registered or unregistered. We hand hold you from A-Z in their preservation of your hard earned life’s work to preserve your legacy.
- Money Remittance service ProvidersWe offer legal advisory services to start ups and operational corporate entities that seek to engage in both inbound and outbound money remittance services on the licensing requirements from inception through business modelling, legal framing, compliance review, financing, acquisitions, dispute settlement and exit strategies.
- Capital MarketsWe pride ourselves as setting the pace in legal advisory on capital markets transactions advisory founded on our in-depth experience in the legal and regulatory framework relating to the capital markets within the financial service sector in Kenya and within the 380Million member East African community. We ensure that our clients comply with Licensing and compliance requirements in respect to investment banking, stockbrokerage and dealership business, investment advisory, collective investment schemes, fund management, online forex brokerage, corporate financial restructuring, takeovers, mergers, acquisitions and privatization, derivatives market, securities lending and borrowing, corporate financing options including issuance of equity or debt securities, investment in equity & corporate bonds, promoting or arranging or issuance of securities through initial public offers and rights issues.
- Pension and retirement benefits schemes service offeringDrawing from our niche in financial sector legal and regulatory law, our team has vast experience in the pensions sub sector. Our role is to create a seamless interaction with our clients by plugging in the missing link through structuring of pension schemes within the statutory and regulatory confines with respect to the licensing requirements and liaison with pension scheme service providers. Legal compliance audits of pension schemes to guide management boards in the protection of scheme funds, advising on the implication of any new or emerging legal and regulatory updates pension related law and policy on existing regulatory & compliance obligations, governance and strategy – Develop well thought out governance models that enhance inbuilt structural compliance with regulations.
- Data Protection and Privacy service offeringThe Data protection Act 2019 sole intention is to give effect to Article 31( c )and (d) of the constitution that contains the right to privacy, establishment of the office of the data commissioner, regulate the processing of personal data, provide for rights of data subjects and obligations of data controllers. We hand hold data controllers and processors to process data lawfully, minimise collection of data, restrict further processing of data and maintain security safeguards to protect personal data.
- Tax Legal AdvisoryOur tax advisory services are designed to minimize clients tax liabilities while optimize on tax saving opportunities. The firm’s focus is twin fold, to advise on tax implications of transactions and eliminate the risk on managing tax compliance. Our strive is to provide tax advice as and when needed on matters such as corporation tax, withholding tax, PAYE/Income tax, deferred tax, tax on royalties, value added tax, capital gains tax, digital service tax, fringe benefit tax, export, and import duty/levies, excise duty etc. we review and advise on tax implications of different revenue sources for our clients’ businesses, analysis on potential tax liability of commercial agreements and transactions in corporate mergers/acquisitions/ takeovers/ wind -ups as well as other corporate restructuring of both local and foreign entities, clients’ needs upon review of an organisation’s legal constitutive as well as contractual documents, tax efficient structures for our clientele, Representation of clients at various tax authorities administrative bodies, tribunals and courts of law to defend their best interests etc
- Public Finance management advisoryEfficient public finance management and debt administration forms a critical pillar for sustaining economic growth. We recognise the critical role that the Government of Kenya plays through The National Treasury in managing the public finance and debt in strict compliance with the Public Finance Management Act (PFMA) and the underlying regulations.Being cognizant of the role that financial legal consultants play in shaping public debt management by providing sound financial legal advise to state agencies, departments and ministries, our firm recognizes this onerous role and prides itself in being a leader in matters public finance. We see ourselves as part of the solution in shaping the public finance and debt management initiatives through unlocking many opportunities on behalf of state agencies, departments and ministries through provision of professional legal advisory and consultancy services to the National and County Governments.