International Business, Mining, Oil and Gas, Corporate & Litigation Law Firm
Other Offices: Kinshasa Matadi Johannesburg New York (NY)
Law Firm OverviewEmery Mukendi Wafwana & Associates is an international African law firm with a prominent business and mining practice. We are based in the Democratic Republic of Congo (Kinshasa, Lubumbashi & Matadi), in Johannesburg, in the Republic of South Africa (Cabemery & Partners (PTY) Ltd) and in Manhattan, New York, in the United States of America (Emery Mukendi Wafwana & Associates, P.C.).
The firm is also present in most of French-speaking African countries, such as Burkina Faso, Cameroon, Cote d'Ivoire, Mali, Congo-Brazzavile, etc., through exclusive partnerships its has established with renowned lawyers and law firms.
Our firms bring together skilled lawyers and legal consultants from various origins and backgrounds practicing in different jurisdictions around the world.
Languages: French, English, Swahili.
Areas of Law
- Admiralty & Maritime
- Aerospace Law
- Agency & Distributorship
- Agricultural Law
- Alternative Dispute Resolution
- Aviation Accidents
- Aviation Law
- Banking & Finance
- Banking Law
- Business & Industry
- Business Formation
- Business Law
- Business Litigation
- Civil Litigation
- Commercial Law
- Commercial Litigation
- Corporate Finance
- Corporate Governance
- Corporate Law
- Corporate Taxation
- Customs Law
- Debtor & Creditor
- Employees Rights
- Environmental & Natural Resources
- Environmental Law
- Estate Planning
- Family Law
- Financial Services Law
- Food & Beverages Law
- Forestry & Fisheries
- General Practice
- Import & Export
- Industrial & Manufacturing
- Inheritance Law
- Intellectual Property
- International Investments
- International Law
- International Trade
- Investment Law
- Joint Ventures
- Legal Economics
- Licensing Law
- Marketing Law
- Mergers & Acquisitions
- Natural Resources
- Nonprofit Organizations
- Oil & Gas
- Private Equity
- Privatization Law
- Project Finance
- Public Finance
- Science & Technology
- Shareholders Rights
- Ship Registration
- Social Security
- Tax Planning
- Telecommunications Law
Areas of Law Description
Our areas of practice include:
- Business Law
* General Commercial Law
We advise and assist our clients on matters pertaining to registration, modifications and removal of registrations from the trade register and movable credit; commercial leases; goodwill; commercial sales as well as on their roles as intermediaries, commissioners, brokers and commercial agents.
* Customs Law
We advise and assist commercial companies from the stage of their incorporation up to securing the registration number with the Congolese Government Customs Agency (DGDA). We advise and assist customs companies in discharging their duties to their clients. We advise and assist clients in the procedures for securing customs rights exemptions for materials, goods and equipment benefiting from customs preferential regime. We finally advise and assist our clients in the procedure for securing customs warehouse concessions.
* Investments Law
On international investments, we support, advise and assist our clients in the negotiation, drafting of contracts, demarches with government administrations involved in such investments. We also advise and assist our clients in the preparation and defense of files for the approval of projects for fiscal, customs and exchange advantages and privileges organized by the Investments Code or Charter at national agencies and administrations, thus, ensuring the promotion of investments.
* Intellectual Property Rights
We advise and assist our clients in the registration with the relevant authorities, of patents (invention, improvement, importation patents….), of designs, industrial models and trademarks, registration certificates, encouragement certificates and operation permit, authors rights and neighboring rights, software and domain names. We also ensure monitoring for maintaining the validity of such registered rights. We advise, assist and represent our clients in the negotiations and drafting of contracts related to intellectual property rights (assignment, transfer, license…). We advise, assist and represent our clients in counterfeit proceedings.
* Companies Law
We have developed a recognized expertise in advising and assisting in companies law. In general, we advise and assist in the incorporation, registration, merger, split, conversion and dissolution of any form or any type of companies. To that effect, we draft for our clients various companies deeds (articles of association and constitutional deeds, minutes of general meetings of associates and shareholders and of management meetings, managers or management decisions, shares or stocks assignment contracts).
* Sureties Law
We advise and assist our clients (banks, financing companies and various donors) in the negotiation, drafting and conclusion of hypothec, pledge, assignment contracts and general and special privileges contracts. We assist and represent our clients in the procedures for the registration of land, immovables, mining hypothecs and ships hypothecs with the relevant authorities.
* Telecommunications Law
We advise our clients and potential investments in the telecommunications sector by issuing legal opinions on relevant issues arising in this sector. We grant to our client our necessary legal assistance with a view to obtaining, depending on the cases, the agreement, the approval or the exploiting permit from the relevant administration for legislation on telecommunications. We advise our clients and potential investors in the telecommunications sector in order for them to comply with the conditions set in the contract conditions on the quality of services, the reliability of equipment and the costs of services. We also assist our clients and potential investors in the telecommunications sector to meet the conditions for.
* Labour and Social Security Law
We advise, legally assist and intervene on behalf of employers in order to satisfy pre-recruitment administrative formalities by subscribing, for them, employees recruitment and movement statements with the Labour Inspection and for employees affiliation with the Social Security National Institute (INSS). We assist and advise our clients on matters pertaining to the drafting and negotiations of collective agreements, employment contracts and apprenticeship contracts; the drafting of internal regulations for companies; on matters related to expatriates recruitment; to the negotiations for individual, collective and massive dismissal, and on issues related to the substitution and/or transfer of employer.
* Fiscal Law
We advise, assist and represent our tax-paying clients to central and/or provincial tax authorities for the declaration and payment of their taxes and levies as well as during tax and para-tax audits, in disputes related such taxes and levies both during the administrative as well as during the pretrial stages. We also advise and assist our clients for fiscal issues arising during the injection of new investments and operations such as the incorporation of joint ventures, the merger of companies, the assignment of goodwill, the assignment of immovables assets of the company (mining rights, intellectual and industrial property rights).
- Civil Law and Practice
* Family Law
We advise and assist our clients in procedures for the acquisition or loss of nationality, change, alteration or removal of names and for obtaining registration service deeds or suppletive judgments for belated registration of deeds, guardianship, and delegation of parental authority, divorce, filiation, adoption, succession and liberalities. Further, we provide our expertise to embassies by conducting for them compliance check and for verification of the genuineness of registration service deeds or other documents submitted for legalization.
* Land and Immovables Law
We advise, assist and represent our clients in the procedures for securing land concessions, in administrative and judicial disputes related to such concessions including the registration of charges and hypothecs including the entries of charges and land hypothecs in the registration. We also assist our clients in the assignment of land and immovables.
- Litigation and Dispute
We assist and/or represent our clients in the settlement of disputes arising from the implementation of laws, regulations or contracts which are applicable to them, not only amicably but also before courts. In our practice, we favour the amicable solution to disputes and conflicts opposing our clients through negotiation. We advise and represent our clients in judicial disputes in civil, commercial and criminal matters.
- Ohada Law
DRC’s entry into the Organization for the Harmonization of Business Law in Africa (“OHADA”) has led lawyers and attorneys at law in our firms to specialize in this new business law applicable across 17 states and covering, to date, general trade law, commercial companies and economic interest groups law, accounting law, securities law, collective proceedings for wiping off debts; arbitration and road transport law. Several other OHADA space lawyers have joined us in the practice of this new community law.
- Natural Resources Law
* Electrical Energy Law
We advise and legally assist our clients in administrative procedures related to the granting of of construction and rehabilitation permits for electrical dams, the approval of electrification services companies, the obtainment of road network permits for the transport of electrical energy as well as in the negotiations for the conclusions of electrical production concession and commercialization contracts.
* Forestry Law
In our capacity as adviser to forestry operators, we intervene in the interpretation and implementation of the forestry legislation and the implementation measures of the legislation. We advise on the granting of forests exploitation rights including forestry exploitation concessions as well as the implementation of obligation deriving from the forestry legislation in force.
* Hydrocarbons Law
In the area of gaseous and liquid hydrocarbons, we advise and assist our clients in the negotiations and drafting of oil contracts such as memoranda of understanding and production sharing contracts.
* Mining Law
Mining law is one of legal areas of practice most practiced by Emery Mukendi Wafwana & Associés law firm. As a result, we advise and assist clients in the reforms of the legal, fiscal, customs and change frameworks of the mining sector by drafting draft laws and draft regulations governing the mining sector. on this aspect, we have advised DRC government in the drafting of the Mining Code, the Mining Regulations and various decrees creating inter alia the Mining Registry, the Commission for the Validation of Mining and Quarries Rights.
- Legal Evaluation of Projects
In order to carry out some transactions (participation in existing companies, acquisition of new companies) or for financing projects in several economic or social projects, we carry out, on behalf of acquiring or participating companies, as well as for financing companies interested in financing projects and legal evaluation. These evaluations generally consist in establishing the compliance with the laws and regulations in force in the state where the project is located, companies deeds, permits, general licenses and authorizations enabling the implementation of project activities.
Maître Gabriel Kazadi Muteba
Agricultural Law, Business and Industry, Business Formation, Business Law, Commercial Law
Maître Eric Mumwena Kasonga Bassu
Business and Industry, Environmental and Natural Resources, Ethics, Litigation, Malpractice
Jean Pierre Muyaya Kasanzu
Business Law, Civil Litigation, Corporate Law, Environmental and Natural Resources, Natural Resources
More Information on Emery Mukendi Wafwana & AssociesKinshasa, Congo (Dem. Rep.) Business Lawyers
Civil Law Firm in Kinshasa, Congo (Dem. Rep.)
Kinshasa, Congo (Dem. Rep.) Natural Resources Lawyer
Kinshasa, Congo (Dem. Rep.) Legal Evaluation of Projects
Litigation Lawyers in Kinshasa, Congo (Dem. Rep.)
Kinshasa, Congo (Dem. Rep.) OHADA Law Firm
About Emery Mukendi Wafwana & Associes
Emery Mukendi Wafwana & Associes News and Publications
Articles Published by Emery Mukendi Wafwana & Associes
Burkina Faso: The National Assembly has Passed the New Environment Code
Located in the heart of West Africa, Burkina Faso, a Sahel country is among the group of least-developed countries. With a population of more than 14 million of whom more than 80% live on activities directly or indirectly related to land, the country of upright people, like other Sahel countries, is confronted to emerging environmental problems.Read Article
Accession of the DRC to the New York Convention on Arbitration
After its adoption by the National Assembly and the Senate of the Democratic Republic of the Congo ("DRC"), the President of the Republic promulgated on June 26, 2013 the Law No. 13/023 authorizing the accession of the DRC to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York, on June 10th, 1958 (the "Convention").Read Article
Gabon: The Council of Ministers Adopts a Draft Law Regulating the Mining Sector
On April 4, 2013, the Council of Ministers of Gabon adopted a draft law regulating the mining sector, which aims to reform the mining sector of Gabon by introducing a new institutional, fiscal and technical framework.Read Article
The DR Congo New Agricultural Law N° 11/022 of December 24, 2011 Is Currently Being Amended and Supplemented
On December 24, 2011, the Democratic Republic of the Congo (“DRC”) enacted a new agricultural Law, n° 11/022, (the “Law”) that sets broad guidelines for the agricultural sector. Since its entry into force on June 24, 2012, the Law has been a source of concern for foreign businesses operating in the agricultural sector because of its ownership clause which restricts foreigners’ access to farmlands.Read Article
DR Congo Adopts a Legal Framework for the Implementation and Operation of Fiber Optic Telecommunication Networks
The Minister of Posts, Telecommunications and New Technologies of Information and Communication, « The Minister », has recently taken, not without reason, a Decree of major importance in a world where the quality of telecommunication services is required at any price.Read Article
Overview on Mining Law in Burkina Faso and Current Trends
Burkina Faso is a landlocked country in West-Africa and surrounded by six countries: Mali to the north; Niger to the east; Benin to the southeast; Togo and Ghana to the south and Ivory Coast to the southwest. Burkina Faso is rich in natural resources and is emerging as one of the most attractive mining destinations in Africa especially for gold exploration and exploitation.Read Article
Non-transferability of Telecom Licenses Challenged Following the Accession of the DR Congo to OHADA
Since September 12, 2012, OHADA Law (the Organization for the Harmonization of Business Law in Africa) is directly applicable and binding, as domestic positive law, in the Democratic Republic of the Congo (“DRC”).Read Article
The Ownership of a Mine after Termination of Mining and Quarry Rights - Democratic Republic of Congo
The purpose of granting of a Mining Permit, a Small Mine Exploitation License, and Exploitation License for Tailings or Authorization for Permanent Quarry Exploitation, collectively referred to («mining and quarry rights») is principally to grant to their titleholders the right to mine natural or artificial deposits located above or below the concerned mining perimeter.Read Article
Adoption of a New Legislation for a Better Industrial Environment in the DRC
Before the social movements of plunder and anti-plunder of 1990s, wars and other civil revolts, the Republic Democratic of the Congo, (“DRC”) was among the most industrialized countries of Central Africa.Read Article
The Democratic Republic of the Congo Is Privatizing Its Insurance Sector
In September 2012, the Government of the Democratic Republic of Congo (DRC) submitted to the Parliament a bill of law on the Insurance Code for discussion and adoption prior to its promulgation by the head of State and publication in the official gazette in accordance with articles 100, paragraph 2 and 130 to 137 of the DRC constitution.Read Article
Delay in Application of Uniform Act Organizing and Harmonizing Company Accounting Systems - Democratic Republic of the Congo (DRC)
The entry into force of the OHADA Treaty in the Democratic Republic of the Congo (DRC) resulted in the immediate application of the Treaty, its Regulations and Uniform Acts. It also led to the repeal of any DRC anterior legal instruments contrary to the Treaty and its Uniform Acts.Read Article