Forms for Agreements

The forms that are provided hereunder have been set-up in order to assist us providing clients with certain basic agreements.  For more complex agreements you are invited to contact us in order to arrange a consultation.  These are agreements that tend to be regularly requested by clients.  It is important to note that each transaction that you intend to enter into may have a different pitfall.  We therefore specifically advise that you are to consult with an attorney at our office in order to discuss the possible implications of a transaction.

Namibian Lease Agreements

One of the most generally used agreements in Namibia is a lease agreement.  The forms provided here under have been structured as to cater for the rental of residential as well as business premises.  As lease agreements may, in their nature be more complex you are advised to contact us in order to arrange a consultation where your specific needs can be addressed. 
It should further be noted that in terms of the Namibian Formalities in Respect of Leases of Land Act [18 OF 1969] no lease of land which is entered into for a period of more than ten years (or the natural life of the lessee), or which is renewable from time to time at the will of the lessee indefinitely or for periods which together with the
first period of the lease amount in all to not less than ten years, shall, if such lease be entered be valid against a creditor or successor under onerous title of the lessor for a period longer than ten years after having been entered into.

For a Namibian Lease Agreement, complete the following form: LEASE AGREEMENT [click on the attached link]

Agreement for the Sale of Immovable Property in Namibia

In terms of the Namibian Formalities in Respect of Contracts of Sale of Land Act [71 of 1969]  No contract of sale of land or any interest in land shall be of any force or effect unless it is reduced to writing and signed by the parties.  It is therefore of the utmost importance that any agreement in terms any portion of land in Namibia is sold is to be recorded in writing and signed by all parties.

Should you require us to assist you in the preparation of a deed of sale for a property in Namibia, kindly complete the following form: DEED OF SALE [click on the attached link]

We further note that we have assisted a number of clients in applications for waivers in terms of the Agricultural (Commercial) Land Reform Act.  Should you require to sell your Namibian Farm, kindly contact us should you require assistance in the process of applying for the waiver.

Shareholders Agreements

A problem that we have observed in a number of small and medium sized entities in Namibia is that there is no formal agreement among the members/shareholders/partners.  
This normally does not pose a problem whilst the relationship between the partners is stable, however once arguments arise, a Namibian Shareholders Agreement may be invaluable.   The object of a shareholders agreement is to ensure that there is certainty as the the exact nature and extent of the relationship between the parties.  This prevents unnecessary disputes among partners.

Should you require us to assist you in the preparation of a Namibian Shareholders Agreement (in the case of a company) or a Namibian Members Agreement (in the case of a Close Corporation)or a Namibian Partners Agreement,  complete the following form: SHAREHOLDERS AGREEMENT [click on the attached link]

Agreement for the Sale of a Namibian Business 

We have further assisted a number of clients in the transfer of their Namibian businesses.  Where the process in terms whereof the business is sold differs dramatically depending on the nature and scope of the business.  With larger entities one normally has a thorough due-diligence process in terms whereof potential risks are mitigated, smaller entities tend to neglect the due-diligence process.  This is normally the effect of a lack of knowledge and resources. In any transaction where a business undertaking is disposed of it is of the utmost importance that the terms of the transaction are clearly stated.  The terms of the agreement should further allow for the seamless transfer of the business undertaking, whilst, at all times complying with the relevant Namibian Competition and Insolvency legislation.  

Should you require assistance in the structuring of the sale of a Namibian Business, kindly complete the following form: SALE OF BUSINESS  [click on the attached link]