Full-Service Law Firm in Lubumbashi, DR Congo
Other Offices: Kinshasa Johannesburg
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Law Firm OverviewYav & Associates, with its main office in Lubumbashi, DR Congo, offers a wide range of legal, fiduciary, and corporate services to businesses, families, and individuals living, working, and investing in the Democratic Republic of Congo.
Dr. Joseph Yav Katshung has more than 15 years of experience, and the firm's partners and staff are comprised of an impressive team of fiduciaries, tax specialists, and legal experts, offering a full range of legal counsel and representation. We have grouped intellectual and technical resources to further provide strength and effectiveness of our skills and services.
As local and experienced advocates with a multi-disciplinary mix, Yav & Associates provides constructive solutions for its clients, including government entities, churches and businesses from Europe, China, and several areas in the United States.
Year this Office was Established: 2000
Languages: French, English, African Languages
Areas of Law
Additional Areas of Law: Loan Agreements; Guarantee Agreements; Debentures; Corporate Due Diligence Audits; Debt Recovery; Marriage Contracts; Land Sale Agreements; Land Transfers and Certificates of Titles; Leases and Sub-Leases; Memorandum of Understanding; Tenancy Agreements; Construction and Development Agreements; License Agreements; Redundancies and Lay-Offs; Termination Packages; Restrictive and Confidentiality Agreements; Permits and Work Documents; Entry and Work Permits; Immigration Due Diligence.
Areas of Law Description
Our Congo expert adoption lawyers specialize in international and domestic adoptions. For over a decade, it has been our privilege to represent adopting families, agencies, and adopted children. We have represented adopting families worldwide.
- Intellectual Property
Our law firm is engaged in the practice of domestic and international intellectual property law, including copyright, patent, trade secret, trademark, unfair competition, advertising, internet and computer law.
- Accounting and Tax Services
With decades of experiences, our law firm is able to provide investors with full services for tax planning and transactional work. And we have the added advantage that we are an independent firm and collaborate with “MKM Consulting” an Accountant and Tax specialist in the DRC.
- Commercial and Corporate Law
We understand that contractual relationships are part and parcel of our clients’ business. We strive to ensure that our clients’ commercial and noncommercial activities are adequately protected. We have the resources to take on the full range of our clients’ commercial and corporate activities and provide practical and professional advice on all contractual issues.
- Banking, Securities & Insurance law
We are equipped with the necessary technical skills to represent lenders and borrowers in connection with commercial lending transactions, mortgage and business financing. Both lenders and borrowers take risks when they decide to lend or borrow. Depending on which side you are in, our services are tailored to provide you with adequate protection when taking such risks.
- Intellectual Property Law
We understand that our clients’ intellectual property is one of their greatest assets and its infringement can cost them great loses within and outside their country of origin. Our law firm helps clients in registering their intellectual property rights, mediating and litigating in the event of infringement by third parties.
- Family and Children Law
Our law firm is prepared to listen and understand your family problems and provide you with practical solutions. We are sensitive to your emotional, child related and financial issues associated with family disputes. The primary aim of our law firm is to minimize conflict whenever an opportunity presents itself. We however don’t hesitate to take other legal action to protect the interest of our clients.
- Land Law / Real Estate Transactions
There are a lot of stress and fraud associated with land transactions. To overcome these challenges, you need an experienced and trusted attorney to guide you through the process of buying or selling land. At Angualia & Co. Advocates, our aim is to eliminate the fraud and stress to ensure that everything goes as smoothly as possible for our clients.
- Employment and Labor Law
Our law firm recognizes the fact that Uganda’s employment law is ever-changing. Our advocates are up to date with developments in employment and labor law. Our law firm thus aims to keep our clients informed with legal developments in order to avoid or minimize costly claims associated with employment and labor law disputes.
- Company Secretarial Services
Our law firm is aware of the need for our clients to operate within the legal requirements of company law and other regulations. Our firm also recognizes that registering a good business goes beyond filling out forms. Filling out forms without the requisite knowledge of the applicable law can lead to serious complications which may only be realized in critical moments. Our attorneys have the legal qualifications and practical experience to provide our clients with the much needed company secretarial services and advice on the most suitable business to register depending on the needs of our clients.
- Immigration Law
With the current growth in globalization trend, Our law firm realizes and understands the need for our clients to travel and explore opportunities wherever they are. Our law firm is equipped with the necessary manpower and technical skills to provide our clients with timely and convenient services in immigration law matters.
- Dispute Resolution
Our law firm recognizes the costs and time associated with litigation. We evaluate the facts of every case with our clients and advise on our clients’ legal rights and obligations. We provide our clients with honest and practical legal advice and solutions to the disputes at hand. As much as possible, disputes are settled out of court. Where necessary, we advise our client to litigate. Our law firm is equipped with the team of litigation attorneys who frequently appear in all courts of judicature to prosecute or defend cases.
Maître Patrick Bin Abasi
Business and Industry, Employment, Environmental and Natural Resources, Family Law, Litigation
Mr. Dieudonne Been
Civil Rights, Constitutional Law, Employment, Environmental and Natural Resources, Extradition
Mr. Chris Ntanga
Business and Industry, Debtor and Creditor, Estate Planning, Family Law, General Practice
Maître Santos Tshilombo Pita
Business and Industry, Employment, Family Law, General Practice, International Law
Prof. Joseph Yav
Admiralty and Maritime, Antitrust and Trade Regulation, Aviation Law, Banking and Finance, Bankruptcy
- SADC Lawyers Association
- Lubumbashi Bar Association
- International Bar Association
- IP Lawyers & Agents Association
More Information on Yav & AssociatesAdoption Law
Business & OHADA
Our Services from South Africa
Labor Broker and Payroll Services
Accounting, Audit and Tax Services
Natural Resources, Environmental and Land Use
Yav & Associates Blog
Yav & Associates News and Publications
Articles Published by Yav & Associates
In the Democratic Republic of Congo, with the socio-economic evolution and international labor standards, certain provisions of the Law No. 015-2002 of 16 October 2002 establishing the Labor Code were inadequate, resulting in difficulties for their application. It has therefore proved necessary to bring them into line with realities. Hence the promulgation of Law No. 16/010 of 15 July 2016 amending and supplementing the Law No. 015-2002 on the Labor Code.Read Article
The Democratic Republic of Congo legislature subordinates the existence of a valid and legitimate ground for the exercise of the right of dismissal of the employer, who can only dismiss for a valid reason connected with the worker's conduct.Read Article
On 8th February 2017, the President of the Republic of Congo enacted the Law 17/001 on Subcontracting in the Private sector in Democratic Republic of Congo. This law is called in French « Loi n° 17/001 du 8 février 2017 fixant les règles applicables à la Sous-Traitance dans le secteur privé ».Read Article
Real estate market in the Democratic Republic of Congo [DRC] is vast, especially for urban centres, like Kinshasa, Lubumbashi, Kisangani, Goma, Kolwezi, Bukavu, Matadi, etc.Read Article
Mining and Quarrying in the Democratic Republic of Congo: Rights, Obligations and Protection of Investors
Ten years ago, the Democratic Republic of Congo [DRC] adopted a new mining code under Law n°007/2002 of 11 July 2002 (the “Mining Code”) with a view to attracting investments and turning its considerable natural resources into wealth. Since 2013, the DRC has announced that the Mining Code is shortly to be revised in order to remedy its deficiencies. However, this article discusses the obligations and protection of mining and quarrying rights in DRC.Read Article
Liberalisation of the Insurance Industry in the Democratic of Congo is now a fact. The new Insurance Law of the Democratic Republic of Congo of 17th March 2015, replace legislation that goes back to the immediate post-independence period of the 1960s.Read Article
Before Establishing a Private Limited Liability and Join Stock Companies in D.R. Congo under OHADA Law
This article discusses about the Join stock companies and the Private Limited Liability Companies in Democratic Republic of Congo under OHADA law.Read Article
Formation, Incorporation, Management of Companies under OHADA Law of Companies in Democratic Republic of Congo
This article discusses the OHADA law of companies in regard to shareholder and shares, articles of association, registered office, duration, contributions, registration process, accounts and auditing requirements, management powers and liabilities, rights of shareholders and partners, transparency and dissemination of financial information. Its takes the case of the Democratic Republic of Congo.Read Article
There are different types of commercial companies that can exist in a member state of OHADA (the organization for the Harmonization of Business in Africa) such as the Democratic Republic of Congo [DRC]. This article discusses the types of companies and their incorporation or establishment in the Democratic Republic of CongoRead Article
This article answers the question whether in the Congo labour law; the employer terminates the fixed term contract of an employee few months to the end of the contract. Will the employer pay for the remaining months that didn’t take place?Read Article
OHADA is the Organisation for the Harmonisation of Business Law in Africa. With this law, doing business has become secured in 17th African members countries including the DR. Congo. This has many advantages not only for local economic operators but also for foreign investors who wish to invest in the OHADA states such as the Democratic Republic of Congo.Read Article
This brief paper is designed to provide an up to date answer to the increasing demand from many sources for information in English concerning the Labor Law of the Democratic Republic of Congo. Its discusses various issues including hiring Expatriates workers, work permit, visa, Employment contracts, dismissal, leave, etc… in the labor Law of the Democratic Republic of Congo [DRC]Read Article
Banking Business and Conditions of Approval of a Financial Institution in the Democratic Republic of Congo
This article discusses conditions conditions of approval of a Financial Institution in the Democratic Republic of Congo and how to open a bank in that country.Read Article
The Democratic Republic of Congo (DRC) has recently acceded to OHADA (“Organisation pour l'Harmonisation en Afrique du Droit des Affaires”), which will render OHADA legislation applicable in the DRC in September 2012. This article discusses some implications matters of the Ohada law on the doing business in the DRC. It also discusses the issues investors in the DRC should consider with regard to the compliance of existing commercial companies with OHADA law.Read Article
This brief gives insights on taxes applied to corporate income and corporate capital gains. Corporate Income Tax - Congolese companies are taxed on the territoriality principle. As a result, companies carrying on a trade or business outside the Democratic Republic of Congo (DRC) are not taxed in the DRC on the related profits.Read Article
The mining code of the Democratic Republic of Congo [DRC] provides for a possibility of leasing and assigning mining and quarry rights. Since mining and quarry rights, as expressed in mining and quarry permits, are real and exclusive property rights, it is possible to lease and assign these rights, although under the restrictions set out in the Mining Code.Read Article
The purpose of this brief is to provide an overview of various work permit schemes available in the Democratic Republic of Congo. Its discusses the Visas, Immigration and work permit for people who want to visit, work, study or live in the DRC.Read Article
Environmental Audit, One of the Conditions for Mining Operations in the Democratic Republic of Congo
Mining is a key sector and continues to grow in several part of the world including in the Democratic Republic of Congo [DRC]. Legislation for mining may require an environmental impact assessment to be carried out before a mine is developed, and that a mine be developed and operated in an environmentally sound manner with the least impact on the environment. This paper gives insights of the environmental audit for mining operations in the DRC.Read Article
The Democratic Republic of Congo [DRC] is the newest member of OHADA and officially announced its joining OHADA in February 2004 but it’s had to deposit instruments of ratification for the statehood party. This has now been donThe Democratic Republic of Congo [DRC] is Finalizing its Accession to the OHADAe since the 27th June 2012.Read Article
The idea behind a secondment arrangement is that the secondee will remain employed by the original employer during the secondment, and will, following the termination of the secondment, "return" to the seconder. However there is a risk that the secondee may (technically) become the host's employee, despite the parties' intentions. This depends on the facts of the particular case. This brief discusses the tax Implication of Secondment Agreement in the Democratic Republic of Congo.Read Article
On 10 February 2012, the income tax treaty (Treaty) between Belgium and the Democratic Republic of Congo (DRC) was published in the Belgian Official Gazette. As Belgium is the first country with a treaty with the DRC, the Treaty may be an important impetus for bilateral financial, commercial and trade relationships between the DRC and Belgium. This can also be beneficial in an international context.Read Article
Like all tax systems, the Congolese tax system is characterized by the multiplicity of taxes notably: direct taxes on revenue; indirect taxes on spending; and taxes on capital. Taxation can be either spontaneous or organized by the authorities. To encourage certain business, the State generally grants aid in two forms: through subsidies and very low interest loans or through exemptions or reductions in tax payments. This article gives the Tax highlights of the Democratic Republic of Congo [DRC].Read Article
This article addresses the “paradox between peace and justice” that has emerged in discussions about the relationship between the International Criminal Court [ICC] and traditional forms of justice, namely the Acholi tradition of "Mato Oput" in Uganda. While its sees the merit of using a traditional system this article also points out the potential danger of using these mechanisms as an excuse to avoid moral and legal accountability.Read Article
Almost unknown in 1960, the value added tax (VAT) is now found in more than 130 countries, raises around 20 percent of the world’s tax revenue , and has been the centerpiece of tax reform in many developing countries including the Democratic Republic of Congo.Read Article
The article examines the relation between Church and the State in the Democratic Republic of Congo, and to what extent those relations conflict with the right to freedom of religion or with secularism principle.Read Article
Country’s Indebtedness as Threat in Doing Business? The Case of DR. Congo and China vs. Vulture Funds
It is normal to think that the indebtedness of Democratic Republic of Congo [DRC] and potential threats such Vulture Fund activity increase the cost of doing business in some countries such as the DRC. This article discusses the DRC and China case as regard to Vulture Finds.Read Article
The courts must enforce foreign judgments that meet the criteria described in this article. In fact, once a foreign judgment has been rendered “executor” by a court in the DR. Congo, it may be enforced by writ or order of the court. Generally, as in most civil law systems, the court will recognize the foreign judgment and issue the enforcement order in the same proceeding.Read Article
This article shares the views on the Foreign Investment Operations in the Democratic Republic of Congo including Employment, Business Taxation, Environment, Physical Planning, Health & Safety, Consumer Protection, Competition Policy & Law, Monetary Policy, Foreign Exchange and Foreign Investors, Public Procurement, Intellectual Property, Investment Protection and Dispute Settlement.Read Article
This articles discusses the Investment Legislation and its Reasoning; Foreign Investment Establishment, Registering and Licensing Processes; Registering a company; Establishing a Bank; Investing in the Mining Sector; Mining Prospecting; Mining Exploration; Investing in the Forestry, Gold and Diamond Sectors; Foreign Employment & Residence and; Foreign Investor Access to Land and Property Rights within the Democratic Republic of Congo.Read Article
In order to value the extraordinary resources, the Democratic Republic of Congo adopted from 2001, an important batch of economic measures establishing the freedom of commerce and industry and the liberalization of sectors governed so far by the Government (mining, oil and exchange sectors). Should be added to the reforms introduced the promulgation of new laws, the spirit of boosting private initiatives: it is the case of investment code, mining code, forest code, labor code.Read Article
A foreign company wishing to establish a business in the Democratic Republic of Congo has an option between registering as an external company and forming a subsidiary in Congo. The choice between the one and the other hinges mainly on issues of convenience, privacy and tax. Sometimes, the issue of risk, or rather the limitation of risk, also comes into play. The decision at the end of the day is really a commercial one.Read Article
With the development of private property ownership, real estate has become a major area of business, commonly referred to as commercial real estate. Purchasing real estate requires a significant investment, and each parcel of land has unique characteristics and requires the assistance of a lawyers. This article gives you insight of the Democratic Republic of Congo laws and regulations.Read Article
An extraordinary blessed country, the Democratic Republic of Congo possesses incredible potentialities which offer extraordinary business opportunities in all sectors of economic activities.Read Article
The Democratic Republic of Congo has a name chiefly for its mining potentialities which make it a real “geological scandal”. It possesses an extremely varied range of minerals which offers enormous possibilities of exploitation faced with an exploding global demand – case of demand of Asian emerging countries. All kinds of minerals are found here: diamond, gold, colombo tantalite, copper, cobalt, tin, iron, petroleum, methane gas, manganese, coal, bauxite, asphalt schist, and so on.Read Article
When investing in the Democratic Republic of Congo [DRC], you need to be concerned with the laws that regulate employment and related matters. This article gives you an idea on how to do.Read Article
This article discusses how to invest in the gambling business in the Democratic Republic of Congo.Read Article
Mainly, the mining industry comes under the control of is the Mining Code and the ancillary Mining Regulation. This legislature is in general application throughout the entire country and offers some tax advantages and incentives available to private parties that perform mining activities.Read Article
Adoption has a long history in world, as it is a process whereby a person assumes the parenting for another who is not kin and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents. Adoption is intended to effect a permanent change in status and as such requires societal recognition through legal sanction. This brief discusses the law of adoption in the Democratic Republic of Congo [DRC].Read Article