Areas of Practice

Banking and Finance,

Our banking and finance practice is one of our core specialisations. We advise on matters as varied as syndicated and bilateral loans, structured finance, secured and unsecured facilities, acquisition finance, leasing, project finance, asset finance and other derivative transactions. We also assist with enforcement and dispute resolution and devising solutions to the challenges posed by regulatory and policy changes in the dynamic landscape of the Cameroon-CEMAC banking and finance sectors.

With our firmly established experience in the Banking and Financial Sector, we are well positioned to provide a comprehensive service in this practice area. We regularly act on instructions from Commercial and Investment Banks and financial institutions and participate in project finance and syndicated loans.

We are able to meet the needs and demands of Corporate Clients, institutions and private clients who depend on sound legal support in the areas of banking and finance for growth.

·  Represent commercial and lending Banks

·  Project Finance

·  Syndicated and bilateral lending

·  Capital Market

·  Assets Finance

·  Structured Loans

·  Restructuring

·  Private Placement.

·  Regulatory Compliance

·  Estate Finance

·  Real Estate

.   Cross- border credit transfers

.   Bills of lading and documentary letters of credit

.   Syndicated loan agreements

.   Equipment lease agreements

Insurance

Within the framework of the provisions of the Inter African Conference of Insurance Code (CIMA Code) in which Cameroon and 15 other African countries are members, our firm advises on the following;

·  Life and Non-life Insurance

·  Insurance and re-insurance Brokers

·  Country Risk cover and political risk

·  Professional Indemnity

·  Finance transaction insurance

·  Guarantee Instruments

·  Claims Advice

·  Products Liability Insurance

·  Marine Insurance

.  Moto vehicle insurance

.  Environmental pollution insurance 

We pursue claims on our clients `behalf before the various courts of Cameroon in the event insurance companies default or delay in amicable settle

Corporate Advisory

Our Corporate Advisory practice is at the heart of the firm’s corporate and commercial practice, which provides a comprehensive range of company and commercial services to our corporate clients.

Our clients include a diverse group of corporate organisations of varying size (both public and private) that require our services to ensure growth, while at the same time meeting their Statutory and Regulatory Commitment.

A significant part of our Corporate Advisory work involves the following;

·  Corporate Governance

·  Directors

·  Meetings

·  Regulatory awareness

·  Incorporation and Floatation

·  Company Secretaries

·  Shares

·  Public Offer of Securities on the Douala Stock Exchange

·  Takeover and Mergers

·  Corporate rescues

.   Joint Ventures and Strategic alliances

.   Structuring drafting and review of agreements

·  Reconstruction

·  Insolvency

We generally provide guidance and advising on Cameroonian laws and procedures for foreign direct investment in Cameroon, procurement of office and residential buildings and Government’s consents where necessary, procurement of expatriate quota or business permits and resident permits and processing their renewals for foreigners doing and intending to do business in Cameroon.

Law of Taxation

Tax is a highly complex area of the law and dealing with the regulatory maze and Cameroonian Department of Taxation can be quite daunting

The Bame Kang & Co tax practice provides thoroughly considered and legally sound transactional tax advice to local and international financial institutions, corporations and individuals. The tax practice aims to combine its commercial and tax law expertise to provide efficient tax solutions.

The Bame Kang & Co and its specialist partner`s depth of knowledge of the taxation department`s policies and procedures will assist you successfully negotiate with the said department and is also fully equipped to support clients in tax disputes and aims to resolve disputes as amicably as possible without sacrificing its clients' rights.

The constantly changing nature of tax law, as a result of the regular and yearly changes to Cameroon's tax legislation, creates a need for specialised and professional tax advice..

We frequently provide tax advice to a diverse spectrum of clients, including small and medium sized enterprises retail and investment banks, local and multinational companies and high net worth individuals. We also regularly liaise with and make representations to the Cameroon`s Revenue Services on issues relating to new legislation, obtaining directives and dispute resolution.

The Bame Kang & Co`s tax law department offer a wide range of services. In particular, we can provide specialist advice on, inter alia:

Custom and excise the tax structuring of mergers and acquisitions, capital market and other commercial transactions structuring of private equity funds and private equity transactions exchange control international tax, in-bound and out-bound investments, and cross border transactions transaction taxes capital gains tax secondary tax on companies and the new dividend tax mining tax and royalties imposed on mineral resources commercial property transactions structuring and restructuring of groups of companies in Cameroon employees’ tax and Value Added Tax (VAT) formation and tax registration of charitable and public benefit organizations assistance with South African Revenue Service audits and queries, alternative dispute resolution and tax litigation;

Arbitration and Alternative Dispute Resolution

The firm has a robust commercial litigation and dispute resolution practice that handles matters and disputes across our core Practice Areas all over Cameroon and where required, we also advise on issues for determination in matters before courts and arbitral panels in  the CEMAC and OHADA member countries.   

Wherever possible, we encourage our corporate and commercial clients to resolve their disputes without      resort to litigation.

The litigation team also evaluates the litigation portfolios of target companies involved in financings, investments, mergers and acquisitions handled by the firm’s corporate team. 

The Firm advises and assists on the best, most effective and beneficial methods of resolving commercial disputes and claims using arbitration and other alternative dispute resolution methods of negotiation, mediation and conciliation and different options at different stages where applicable and effectively applying and tackling any inevitable litigation that arises.

With a sound litigation background, the firm`s attorneys who have wide-ranging experiences and exposure in the firm’s key law practice areas conduct trial and appellate civil and criminal cases for corporate and individual clients in the various trial and appellate courts of Cameroon. Mareva (Freezing)  injunctions, Anton Piller orders; Ex Parte applications for the arrests of ships or other res and Ex Parte interim injunctions.

Capital Markets

Bame Kang & Co has considerable experience in all types of capital market transactions and has been involved in the issuance of bonds by several state governments and corporates, which involves the drafting of the relevant legislation, vending and underwriting agreements as well as reviewing the prospectus, trust deed and security documentation.

We routinely provide post formal offer process advice to several public offerings in relation to issues that arise in the course of the day to day management of the funds.

Oil and Gas

The firm provides legal advise to a variety of clients in the Oil & Gas sectors.  These practice areas have since evolved from our understanding of the dynamics of these sectors, their issues and participants to experience derived from advising and assisting multinational producing and service companies, sub-contractors and other project participants in connection with projects and transactions within these sectors.

Since its initial LNG experience, the firm has advised on various proposed oil and gas investments and represented both multinational and Cameroonian oil firms in negotiating oil and gas investment transactions.  

The firm has advised on matters such as the regulatory framework for oil and gas in Cameroon; the processes and procedures for obtaining authorisations from the Ministry of Mines and Industrial Development, National HydroCarbon Corporation, licensing procedures.

Maritime and Carriage of Goods by Sea

The needs of Clients are met with the expertise of our specialist lawyers in the practice of maritime law. The maritime sector plays an important role in commercial life and is fast developing, more so in view of changes in the global requirement for conformity. Our practice provides a sound footing for clients exposed to and engaged in activities in this sector within the CEMAC Sub-region member countries of(Cameroon, Chad, Congo Brazzaville, Equatorial Guinea, Gabon Central African Republic).

·  Maritime Law

·  Carriage of Goods by Sea

·  International Trade

·  International Sales Agreement

·  Ship Arrests and Mareva Injunction

·  Collisions

·  Marine Insurance and Underwriters

·  Charters

·  Cargo Interests

·  Cargo Claims

Labour Law

One of our core competencies is our labour and employment practice. We routinely assist clients in generating employment and end of employment documentation, negotiating and settling employment-related contractual and trade disputes, and advising on employee issues in the context of bankruptcies, company liquidations, and mergers, and acquisitions.
 We have also worked with various multinational clients, with operations in Cameroon, to ensure that their global employee share purchase plans are compliant with Cameroonial law and that their local employees are able to benefit from such plans.

We provide seminars and training on effective employee relations to our clients in sectors across our Practice Areas.

Domain Names Protection and Intellectual Property. The deterrent or barrier to entry that an intellectual property right poses to would-be infringers depends on how the rights owner polices and enforces its rights against infringers. The rampant growth of the internet has led to an explosive increase in cybercrime, which remains largely bereft of statutory protection in Cameroon despite governmental legislation by way of the 2010 Cybercrime Law.

A dramatic change in the way business is done means the domain names have acquired great significance and when abused, they are worth millions of dollars

The firm’s intellectual property practice has acquired considerable experience in various aspects of intellectual property protection. With its state of art IT Department, the firm on behalf of it clients, effortlessly and diligently tracks Cyber Squatters engaged in the registration of domain names containing variations of popular trademarks, with a view to generating revenues using the goodwill of those trademarks. We are adept at the registration of trade and service marks at the African Intellectual Property Organization situate in Cameroon`s capital of Yaounde in order to ensure that our client’s rights are adequately protected under OAPI member country`s law. Our services include registration, protection, enforcement, transfer and revalidation of trademark. Registrations and renewals of patents and industrial designs. Our practice also extends to reviewing IP agreements, advising on the commercialization, registration and protection of copyrights. Project Finance Our Project Finance team experience covers the broad spectrum of structuring, documenting and negotiating in relation to national, international and multi-national projects.   Our firm has advised and continues to provide advice to our clients with respect to the financing of projects in diverse sectors which include infrastructure, transportation, electricity, oil and gas, telecommunications, and public private partnerships (PPP).   Telecommunication (Information & Communication Technology) In the year 2010,Cameroon`s legislative landscape witnessed a raft of legislations in this area spanning legislations on Electronic Communication, Electronic Commerce, Cybercrime and Cyber security. Armed with a sound knowledge of these relevant legislations, our telecommunications practice is one of our primary practice areas.  Together with a team of international consultants, the firm played an active role in the liberalization of the telecommunications sector and the restructuring of its legal and regulatory framework leading to the passing of the Electronic Communications Law of 2010 and has continued to provide advice on licensing and other operational requirements to various private telecommunications operators that provide a range of services including local and international VSAT, internet and fixed wireless, fibre optic and GSM services.  We assist various foreign operators with their establishment in Cameroon in the areas of; ·  Licences ·  Contracts ·  Regulatory Compliance and the Framework Aviation We stand well positioned to provide legal services in the area of aviation practice. Cameroon`s signature of the Montreal Convention and membership in other aviation related associations and our working knowledge of the aviation sector means that we are able to identify the needs of our clients and see them through a regulated environment ensuring that their objectives are realized. With experience of counsel in the registration and licensing of airlines for operation within and without Cameroon and a mastery of the Cameroon Civil Aviation Authority`s procedures we are able to work with our clients from inception. The following are our  areas of focus; ·  Traffic rights ·  Registration ·  Licences, permits ·  compliance ·  leasing ·  claims ·  contracts ·  Agreements ·  Litigation ·  settlement Real Estate Our firm’s real estate practice comprises of a broad range of multifaceted real estate transactions in which our team brings to bear its experience in immovable property law and an understanding of the commercial matters behind the transactions. The range of services we offer include;   . Structuring property transactions and mortgage schemes,   . Advising property development companies on regulations dealing with the development of housing units and estates,   .Advising on the structure and financing options for the construction and development of mixed use complexes, shopping malls and  conducting   .Due diligence on the titles of properties,   .Preparing transaction documents such as the contracts of sale, deeds of assignment, power of attorney,   . Perfection of clients’ titles to properties. International Trade and Documentary Sale  An important area of practice for the firm is in the field of international trade where we are able to offer services based on knowledge and experience; much emphasis is placed on lending business efficacy to our clients' organisations. Cross-boarder transactions often require the need to take into consideration the legal effects of agreements and transactions in different jurisdictions. It is important to ensure that such agreements convey the intention of the parties and provide adequate security and protection. At Bame Kang & Co. our exposure and experience means that we are always able to meet the challenges and requirements of our clients promptly. We are always mindful of the need to keep Overseas Clients well informed and fully protected and pride ourselves in being able to play a vital and active role in the relationship between clients and their business partners whether locally or wherever situated. ·  International Trade ·  Negotiation .  E-Commerce and Digital Signatures ·  Representing foreign and domestic clients ·  International Trade Finance ·  Trade marks ·  Cross-boarder transactions ·  Anti-money laundry ·  Agreements and Documentation ·  Compliance .  Online Contract Formation ·  Due diligence ·  Asset tracing and recovery Litigation The Firm has always commanded a well-earned reputation in the area of litigation. Our lawyers are experienced and meticulous in their approach to preparation for trial to ensure that the client's case is effectively presented. The strength of our client-base lends credence to the respect the firm enjoys. Time is spent, when appropriate, on advising the client on exercising the right to litigate with due consideration given to weighing the advantages and disadvantages of litigating as it relates to the client's needs and objectives and meeting those objectives promptly. Attention is also given to delivering the right advice and service to clients exposed to litigation; for this reason, great emphasis is also placed on exploring and resolving matters with the objective of avoiding litigation. ·  Litigation ·  Negotiation ·  Compromise ·  Settlement ·  Alternative Dispute Resolution ·  Arbitration Legal Due Diligence Issues relating to Documentary Sales or Private international business transactions, between Cameroonians and foreign entities, must be considered carefully from both the vendor and purchaser, shipper or buyer`s perspective. From a vendor’s perspective, it is appropriate to anticipate the due diligence requirements of prospective purchasers before goods or merchandise is offered for sale, to ensure a comprehensive due diligence package of information is available at the time the goods are offered for sale. This ensures there is a minimum delay in the purchaser and their professional advisors receiving the information required in assessing whether the business is acceptable for their requirements. From the purchaser’s perspective, the due diligence procedure is vital to ensure the bargain they are receiving is what they have originally contracted to purchase. Identifying any issues which require further discussions between the parties, and price adjustment as a result of a careful due diligence examination, will avoid the costs of seeking redress later from a vendor through the expensive and uncertain litigation process. We believe it is appropriate to form a team of professionals to assist a vendor or purchaser throughout the due diligence period of a transaction to ensure comprehensive advice is obtained on all aspects of a transaction; including assets values, trading history, resource management issues, leasing issues, marketing and competition. Mining Law Bame Kang & Co has established itself as a leader in the field of mining law in Cameroon and regularly advise on all matters relating to mining legislation, assets and the conversion, acquisition and disposal of mining rights and titles. Our legal advise is sought for environmental and occupational health-and-safety issues as well as mining regulation issues. The law firm also has expertise in advising on a wide range of natural resource exploitation and beneficiation projects, ranging from forestry to gas. The promulgation into law of the 2001 Mining Code and its subsequent amendment in 2010 radically transformed the law governing rights to mineral resources in Cameroon. In month of june this 2012,the government of Cameroon acceded to the Kimberly Process Certification Scheme. All these legislative inroads have caused a significant increase in the number of transactions in this sector. Bame Kang & Co is well placed to take advantage of this upsurge in transactions and our mining lawyers have represented a number of foreign companies seeking a foothold in the lucrative Cameroonian mining sector. The firm’s mining attorneys act for a number of mining companies and assayers. We frequently advise on transfers of mining rights, protection of mining assets and sales of mining companies. For example our legal advise encompasses the following. Advising on mining assets and the conversion, acquisition and disposal of mining rights and titles. Advising on the validity and transferability of mineral rights, and the manner in which transactions should be structured to protect mineral rights. Opinion work in a transactional and day-to-day context on the Mining Code. Successfully pursuing numerous appeals against decisions of the Ministry of Mining and Industrial Development regarding the grant of prospecting and mining rights. We have acted for both local and international clients in this capacity. Advising on and obtaining ministerial consent for the transfer of an interest or control in a licence holder. Pursuing the cancellation of a mineral right granted over a community's property in an improper way and pursuing the cancellation of lapsed mining rights. Advising on the interaction of environmental and mining statutes and the environmental requirements. Environmental Law Given the fundamental change in attitudes by Corporate and institutional entities  towards environmental and resource management  to such an extent that specialised counsel has become necessary in order to effectively manage corporate environmental and resource strategy. During the past two decades, Cameroon(1996 Legislation on Environmental Management) has made significant inroads towards being abreast international standards and requirements in the rational management of the environment(Cameroon has ratified the Kyoto and Montreal Protocols). Our alliance with professional partners in fields such as environmental engineering, environmental consulting  enables us to satisfy our clients' broader objectives, priorities and environmental and mining needs, effectively and efficiently.  We specialise in the following; Auditing procedures, which incorporate internationally-accepted methodologies of environmental auditing, for the commercial, industrial and mining sectors. The environmental audit and due diligence exercises undertaken by the firm are specifically focused on addressing the legislative and regulatory compliance of the "audit subject".  We, apart from advising and guiding our clients in complying with environmental impact assessment procedures we are equally  experienced  in challenging the findings and procedures imposed by government in the statutory environmental impact assessment process and in conducting and facilitating environmental audits and due diligence procedures. We are well placed to advise clients on all aspects of environmental impact assessments, particularly land use planning, rezoning and development projects. The law firm provides comprehensive legal advice to the public and private sector, commerce, mining houses and industry on all environmental permit, license, and other administrative requirements in sectors such as mining, power generation, water use, effluent discharge and waste disposal.