Our Services
Legal and transaction advisory services for financial institutions and infrastructure developers across Uganda.
Perfection of Securities
We have the expertise and experience to prepare and draft a wide range of security documents, including mortgage deeds, debentures, guarantees (both individual and corporate), security sharing instruments, charge agreements over shares, trust receipts, and pledges, among others.
Our commitment to quality is evident in the meticulous care we take when preparing and executing security documents, ensuring they are effective and reliable. This dedication is backed by our comprehensive understanding of current laws and practices concerning the creation of charges and securities by various legal entities, including companies, individuals, trusts, charitable organizations, and government agencies.
We have successfully advised financial institutions on drafting the necessary security documents, while also offering guidance on enforceability, risk management, and compliance with the applicable legal and regulatory frameworks.
Furthermore, we ensure that your commercial considerations are taken into account throughout our advisory process.
Recoveries
In managing recoveries, we conduct a thorough analysis of the securities to assess their enforceability. From there, we determine the most effective recovery strategy while engaging in open dialogue with the borrower. This approach ensures that the recovery process remains non-confrontational and considers the reputational risks faced by the Bank, among other factors.
In our debt recovery efforts, we strive for a smooth process that takes into account the potential reputational and commercial risks involved. As a first step, we pursue an out-of-court resolution, reserving court action as a last resort, especially when the relationship between the borrower and the company has irreparably deteriorated.
When receivership becomes necessary, we step in to manage distressed borrowers and oversee their affairs, ensuring that financial institutions can recover their funds. We start with a cost-benefit and recoverability analysis; based on the results, we choose the most appropriate course of action.
Due Diligence & Audit
We perform thorough due diligence by conducting searches across Companies, Lands, Revenue Authority, and Court Registries. This process helps inform financial institutions of any ongoing actions that could affect the borrower’s position, including its operational capacity, the behaviour of its directors, authority to borrow, and any existing charges against the borrower. It’s important to note that the register of charges may not always be entirely reliable, as certain securities, like Charge Pledges, might not be universally registrable.
Leveraging our expertise, we investigate and audit securities, providing advice on their validity and enforceability.
In general, we review all documentation on file, which includes identifying the Borrower, the loan application process, and pertinent paperwork such as the memorandum and articles of association, loan agreements, mortgage deeds, borrower addresses, guarantors, title deeds, and lease terms where applicable, along with the execution of deeds.
Additionally, we conduct searches in the relevant registries to ensure that the securities are registered accurately, properly described, and correctly entered in the register.
Transaction Advisory
We specialize in deal structuring with a deep understanding of risk and its allocation, as well as the latest legal reasoning and contracting practices. Our advisory services cover various areas that lenders encounter in their financing projects, including regulatory approvals, licensing, land acquisition, development, and financing, always prioritizing the concerns of lenders in our guidance.
With our extensive skills and experience, we are well-equipped to handle and advise on numerous aspects of corporate, infrastructure, and structured financing issues, among others.
We have successfully prepared concept notes and business plans for investors seeking approvals from regulators and looking to secure seed capital from financiers or development financial institutions to explore investment opportunities in the electricity and mining sectors. Additionally, we have provided strategic advice to multinationals on the legal and regulatory frameworks of their intended sectors, as well as guidance on regulatory instruments available in Uganda to help mitigate perceived risks.
Litigation, Arbitration and Reconciliation
Our dispute resolution practice serves a wide array of clients across all kinds of business and commercial conflicts. Built on the expertise and craftsmanship of our trial attorneys, we empower corporate clients to pinpoint and navigate business risks effectively. We take pride in our solution-oriented and commercially driven approach. At the heart of our firm lies a robust focus on commercial disputes, and our team is highly adaptable—whether engaging in court, before arbitral tribunals, or any specialized tribunal or regulatory body, we possess the right mix of skills to support you.
With extensive experience in arbitration, our lawyers have been involved in numerous domestic and international arbitrations under the F (CIArb) London arbitration frameworks over the years. Additionally, we assist clients with their litigation and dispute resolution needs, addressing everything from major investigations to managing reputational risks.
At Kiiza and Kwanza Advocates, we work closely with our clients, ensuring they can engage as much as they wish in the resolution process. We also often partner with co-counsel who may not have extensive experience in arbitration but are eager to collaborate with a firm that respects and upholds established client relationships.
Contact us to learn how we can assist you.
Contact
4th Floor Western Wing
Social Security House
4 Jinja Road, Kampala
0414 675152
info@kkattorneys.com
Practice areas
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