Yav & Associates

Full-Service Law Firm in Kinshasa, DR Congo

Yav & Associates

4, Flambeau / Du Commerce Avenue, 1st Floor,
Quartier Gare Centrale, Commune de Gombe

Kinshasa
DR Congo

Phone+243 (99) 702-1758
Fax +15016384935

Website www.yavassociates.com
E-mail  Contact Dr. Jur. Joseph Yav

Other Offices: Lubumbashi  Johannesburg  

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Law Firm Overview

Yav & Associates has given nearly 15 years of dedicated service to businesses, families, and individuals in the Democratic Republic of Congo, providing a full range of legal counsel and representation to those living, working, and investing in the country.
The firm's commitment to transparency and able management of business and corporate needs has given it a respected and sought-out name within business communities in Africa and around the world, and its numerous domestic specialties have protected the vulnerable elements and people within the nation, habits that have marked the firm's commitment to ethics since its founding in 2000.

Yav & Associates boasts a clientele as varied as it is impressive, serving churches, businesses, and government entities from Europe, China, and several areas in the United States, a testament to the firm's wide reach and solid reputation. Founding lawyer Joseph Yav and his partners and staff comprise an impressive team of fiduciaries, tax specialists, and legal experts, each dedicated to providing the listening ear and responsive action required for the success of business and corporate projects within Africa. The firm's office in Lubumbashi has secured drilling rights, helped with adoption, protected Africa's flora and fauna, and provided counsel regarding taxation that has solidified the growth of client projects within Congo, practices that continue to bring businesses and individuals alike to the firm's doors.

Investing abroad is never easy, and stands the best chance of success when overseen by local and experienced advocates, the very same who spend their time helping both families and international corporations steer through the country's courts and jurisdictions. Yav & Associates has given the whole of its considerable resources and expertise to the service of those working, living, and investing in the Democratic Republic of Congo, providing the proven legal skill and genuine care that has brought the firm its present powerful reach and envied reputation.

Year this Office was Established: 2007

Languages: French, English, African

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

- Adoption

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.



Lawyers

Hugo Bolanshi Mr. Hugo Bolanshi
Lawyer
General Practice

Seraphin Umba Mr. Seraphin Umba
Lawyer
Adoption, Banking Law, Bankruptcy, Business Law, Child Support


Affiliations

  • Lubumbashi Bar Association
  • International Bar Association
  • SADC Lawyers Association
  • IP Lawyers & Agents Association

More Information on Yav & Associates

Adoption Lawyers in Kinshasa, DR Congo
Kinshasa, DR Congo Intellectual Property Law Firm
Tax Services Law Office in Kinshasa, DR Congo
Kinshasa, DR Congo Immigration Lawyers
Business Law Firm in Kinshasa, DR Congo
Kinshasa, DR Congo Environment Law Office
Yav & Associates Lawyers' Profile
Yav & Associates Blog
Yav & Associates News and Publications

Articles Published by Yav & Associates

 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.

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 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.

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 Incorporating a Commercial Company in the Democratic Republic of Congo under OHADA Law

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 Congo

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 Termination of Fixed Term Contract of Employee by the Employer in Democratic Republic of Congo

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?

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 The Advantages of Investing in the Democratic Republic of Congo and in Other 16th OHADA Members

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.

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 Understanding the Labor Law of the Democratic Republic of Congo [DRC]

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]

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 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.

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 Implications of Ohada Law on the Business Incorporation System of the Democratic Republic of Congo

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.

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 Highlights of Corporate Taxes in the Democratic Republic of Congo

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.

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 Transferring Quarry and Mining Rights in the Democratic Republic of Congo [DRC]

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.

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 Immigration, Visa and Work Permit Information in the Democratic Republic of Congo

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.

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 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.

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 The Democratic Republic of Congo [DRC] is Finalizing its Accession to the OHADA

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.

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 Tax Implication of Secondment Agreement in the Democratic Republic of Congo [DRC]

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.

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 The Income Tax Treaty between the Democratic Republic of Congo and Belgium Entered in Force

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.

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 Investing in the Democratic Republic of Congo: Tax Highlights

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].

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 Challenging the International Criminal Court (ICC) by Using Traditional Form of Justice in Africa

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.

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 Understanding How Value Added Tax (VAT) is Applied in the Democratic Republic of Congo

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.

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 The Constitutional Development of Religion in the Democratic Republic of Congo

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.

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 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.

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 Enforcement of Foreign Judgment in the Democratic Republic of Congo

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.

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 The Foreign Investment Operations in the Democratic Republic of Congo

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.

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 Access and Admission of Foreign Investors in the Democratic Republic of Congo

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.

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 Investment Promotion in the Democratic Republic of Congo

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.

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 Company Incorporation in the Democratic Republic of Congo

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.

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 How to Buy a Real Estate or Land in the Democratic Republic of Congo?

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.

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 The Democratic Republic of Congo a Land of Investments in Mining, Forestry, and More

An extraordinary blessed country, the Democratic Republic of Congo possesses incredible potentialities which offer extraordinary business opportunities in all sectors of economic activities.

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 How to Invest in Mining Sector in the Democratic Republic of Congo?

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.

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 Laws to Know Before Hiring Your Employee in the Democratic Republic of Congo

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.

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 Gambling Business in the Democratic Republic of Congo

This article discusses how to invest in the gambling business in the Democratic Republic of Congo.

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 Mining Duties, Royalties and Taxes in the Democratic Republic of the Congo

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.

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 Adoption in the Democratic Republic of Congo

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].

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