Commercial and corporate work
Corporate and commercial services constitute a major part of WKH’s practice. Namibia’s reintegration into international markets has dramatically changed the face of the Namibian economy and the way business is conducted.
The firm has been involved in several of Namibia’s groundbreaking corporate transactions and advised listed and unlisted domestic and international corporations, light and heavy industrial firms, state-owned enterprises and government departments. This has given the firm a strong foundation from which to advise domestic and international clients in all sectors of the economy, including construction, engineering, financial services, information technology, manufacturing, mining, energy, pharmaceuticals and transport.
WKH’s board of directors continually review the firm’s service standards against the benchmark of the service expectations of local and multinational clients. At the same time; we strive to ensure that the solutions we provide are cost effective. Our size, resources, combined with our breadth of skills, communications, facilities, and geographic spread enable us to handle the large and time-critical transactions when required.
Notably, WKH is instrumental in:
- Settling disputes between corporate entities;
- Advising corporate entities on intellectual property, trademarks, company compliance, commercial, corporate governance and international issues;
- Corporate Finance;
- Drafting agreements for major corporate entities from a domestic level (Namibia) to an international level;
- Drafting legal opinions for corporate entities in Namibia;
- Drafting and settling contracts relating to domestic to international law;
- Drafting Public Private Partnership Agreements;
- Tax advisory services;
- Due diligence searches
WKH has been involved in key transactions where we have:
- Drafted and reviewed the following types of agreements:
- Power Purchase Agreements;
- Long-Term Leases for establishing Wind Farm and Solar Power Plant;
- Operation and Maintenance Contracts;
- Engineering, Procurement and Constructions Agreements;
- Loan Market Association (LMA) Agreements;
- Joint Venture Agreements for large scale property developments including retail centres, sectional titles and low cost housing;
- Various agreements under the ambit of the Minerals (Prospecting and Mining) Act 33 of 1992.
- Advising on Environmental Clearance Procedures and legislative framework and licenses in various sectors;
- Completed various transactions and advised on and in relation to the Foreign Investments Act and foreign exchange approval;
- Completed various transactions and advised on Competition Law in Namibia. Our Mr Patrick Kauta (Senior Director for Litigation) has become the key consultant for the Competition Commission.
- Establishment and registration of Independent Power Producers i.e. Solar and Wind Energy;
- Registration of Unlisted Investment Managers and Special Purpose Vehicles with NAMFISA (Namibia Financial Institutions Supervisory Authority) under the Pension Funds Act;
- Assisted with the drafting of documentation for the listing of a Note Program on the Namibian Stock Exchange.
The Firm is one of the few that sits on the panel of most banks in Namibia namely Bank Windhoek, First National Bank of Namibia, Standard Bank Namibia Limited, Nedbank Namibia Limited, Atlantico Bank and Development Bank of Namibia. This involves providing legal services to the aforementioned banks in the form of legal advice, commercial drafting and the assurance that the Bank’s rights are properly securitised when lending money. WKH tended to the listing of Bank Windhoek on the Namibian Stock Exchange
The firm is responsible for approximately 65% of all bonds and property related transactions in Namibia and are the preferred legal practitioners for 80% of property developers in Namibia.
Although the firm is not affiliated with any particular international law or South African law firm, WKH has been involved in various transactions which has established good working relationships. WKH prides itself that good working relationships have been established with most of the large South African law firms.