Due Diligence

NAMIBIAN LEGAL DUE DILIGENCE EXERCISES

 We regularly assist international clients in the execution of Due Diligence exercises with regards to Namibian entities.  

The most substantial risk faced by an investor who acquires rights in Namibia is the unknown risk associated with the entity holding the rights.  As such we believe that a properly conducted Namibian Legal Due Diligence is an important mechanism which is to be employed to reduce the risk associated with commencing business in Namibia.http://www.cronjelaw.com/duediligence

When conducting a Namibian Due Diligence we, in addition to the requirements set out by our client, normally propose that the following aspects is to be reviewed:

-    Confirmation that the target undertaking is indeed registered in terms of Namibian law and a confirmation of the shareholding structure of the entity in Namibia [This is done thought the inspection of the official records held at the Registrar of Companies as well as the inspection of the records held by the relevant Namibian Company Secretary.];

-    Assessing the possible risk associated with pending litigation in the Namibian Courts as well as confirming that all material litigation is fully disclosed including confirming if any judgements have been obtained against the target undertaking in the relevant Namibian Courts;  [This is done through the inspection of the court records at the High Court of Namibia as well as the records relating to insolvencies held with the Master of the High Court];

-    Confirmation of ownership of Namibian immovable properties [This is done through the inspection of the Deeds Registry in Windhoek];

-    Confirmation that the target undertaking has unencumbered right title and interest in certain rights which are essential to the conducting of its

http://www.cronjelaw.com/duediligence
operations [This is done through the inspection of the records or by obtaining a confirmation from the relevant regulatory authority];

-    Review of relevant leasehold agreements to allow access to the business premises;

-    Confirmation of ownership of Namibian intellectual property [This is done through a search of the records of the Registrar of Trademarks];

-    Review of important contracts in order to ensure that they are legally enforceable under Namibian law;

-    Review of the relevant labour contracts, labour history and compliance with Namibian labour law; 

-    Compliance with the relevant Namibian laws and regulations pertaining to Namibian mergers;and

-    Investigating compliance with Namibian Environmental Laws.


Should you intend to acquire rights or an entity in Namibia you are invited to contact us in order to obtain assistance with a Namibian Due Diligence exercise.