Africa regulatory and business intelligence
ENSafrica’s dedicated Africa regulatory and business intelligence team specialises in providing advice on investment, operations and business regulations to large multinationals expanding into Africa and co-ordinating multi-jurisdictional assignments across the continent.
No matter where on the continent you choose to do business, we can advise you on country risk profiles, tax and regulatory requirements, and the in-country application of legislative provisions.
Our key differentiator is our practical experience working on the ground. We also have an extensive network of reputable correspondent firms with whom we have built long-standing relationships, enabling us to provide seamless practical advice and assistance across Africa.
Because we understand the legal, regulatory and economic context of doing business in Africa, against the background of increased growth and development across the continent, we are able to guide you through any challenges which your business may face.
ENSafrica is recognised by top ranking agencies for achieving consistently high standards when working on the continent.
As Africa’s largest law firm with over 600 specialist practitioners, ENSafrica has the capacity to deliver on your business requirements across all major industries and the continent. We are able to leverage our resources to suit your pricing preferences and deliver within your timeframes.
To support you wherever you choose to do business in Africa, we have practitioners who are qualified and registered to practise English law and French law, and we have extensive experience in the legal codes of OHADA used in West and Central Africa. We are also able to transact in a variety of foreign languages such as Cantonese, Mandarin and Portuguese.
ENSafrica’s legal and tax capability is augmented by dedicated teams to ensure that all aspects of a dispute, project, transaction, venture or investment are considered and optimised. This focus extends to various of the niche areas which have a direct impact on the African business context, such as Asia-Africa trade and the structuring of investments (e.g. Mauritius).
what we offer
Our specialist expertise includes:
- Co-ordination of projects in any particular jurisdiction, as well as assignments which span multiple jurisdictions, is done through a single point of contact to ensure that assignments are accurately scoped, competitive fees are negotiated, critical issues are addressed and advice received is at the required standard
Country risk profiles and reviews
- Analysis of the economic, political, operational, security, tax and legal risks of a particular country to facilitate decision-making on appropriate jurisdictions for investment and/or operations
- Preparing country risk reports with comparative country risk ratings
Tax and regulatory frameworks
- Preparing customised tax and regulatory frameworks per country, providing an overview of material tax and regulatory requirements, as well as the costs of doing business, including:
- An overview of the local tax system, including corporate income tax, value-added tax, withholding taxes and special tax regimes
- Banking and exchange control regulations
- Basic conditions of employment, work permits and employee taxes
- Foreign investment regulations
- General and industry-specific licensing and registration requirements
- Requirements for registering an appropriate local legal entity
- The frameworks include regulatory interpretation and practical application of in-country legislation, with input from local advisors
- Tax and regulatory compliance checklists, with deadlines and other submission requirements
Investment and transaction structuring
- Advice on appropriate legal structures per country to ensure tax efficiency, both locally and internationally
- Workshops with senior legal and finance staff to discuss benefits and implications of various alternatives
Implementation and facilitation
- Advice on, and assistance with, establishing local entities (branches of foreign companies and local incorporated subsidiaries)
- Legal assistance in preparing and executing contracts in and across jurisdictions
- Tax registration and acquiring relevant licences
- Competition law, including compilation of merger notifications and objections to mergers on behalf of interested parties
- Dispute resolution, including dispute avoidance, settlement negotiations, risk management, domestic and international arbitration, alternative dispute resolution processes, litigation, regulatory and statutory tribunals, industry-specific ombuds, regulatory administrative appeals and reviews, and submissions on draft legislation and regulations
- Employment law and immigration law, including labour issues such as work permit quotas
- Forensics services, including anti-bribery risk assessments, registers and compliance investigations, fraud and corruption investigations, anti-corruption training, and preparation and implementation of anti-bribery policies and procedures
- Mergers and acquisitions due diligence exercises
- Registration of intellectual property
- Tax-efficient remuneration structuring
- Vendor and employee screening