Our expertise
OHADA Law
Organization for the Harmonization of Business Law in Africa (OHADA) created, by treaty dated October 17, 1993, a new legal framework of business law that applies in 17 African countries, including the Republic of Congo. Nowadays, the rules relating to it are unavoidable. Economic actors wishing to invest in this environment must, for the security of their investment, surround themselves with legal professionals.
For this reason, LEXA International provides you with its experts in OHADA law, with their proven experience, to assist you in your local or regional investment.
Our practice of OHADA law concerns all the Uniform Acts. We therefore provide advice and litigation services on all the branches of OHADA business law, in particular.
OHADA Law
Organization for the Harmonization of Business Law in Africa (OHADA) created, by treaty dated October 17, 1993, a new legal framework of business law that applies in 17 African countries, including the Republic of Congo. Nowadays, the rules relating to it are unavoidable. Economic actors wishing to invest in this environment must, for the security of their investment, surround themselves with legal professionals.
For this reason, LEXA International provides you with its experts in OHADA law, with their proven experience, to assist you in your local or regional investment.
Our practice of OHADA law concerns all the Uniform Acts. We therefore provide advice and litigation services on all the branches of OHADA business law, in particular.
Commercial Company Law
Uniform Act on the Law of Commercial Companies and Economic Interest Groups sets out the rules governing commercial companies, from incorporation to dissolution in the OHADA area. LEXA International advises, assists and supports you in the creation of companies, modifications and restructurings, transfers of companies, legal monitoring of companies and assistance to managers.
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Assistance in the creation of commercial companies (SNC, SCS, SARL, SA, SAS...) ;
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Advice and drafting of articles of association for limited liability companies, simplified joint stock companies, etc. ;
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Social accompaniment of the leaders ;
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Mergers, restructurings, etc. ;
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Advice and defense before the courts during litigation in corporate law ;
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Capital transactions and negotiation of deeds of transfer of securities ;
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Legal secretariat of companies: general meetings, amendments to articles of association, etc.
Simplified collection procedures and enforcement law
Implementation of the simplified procedures of recovery and enforcement is in certain situations necessary in the business. The creditor is sometimes confronted with the debtor's resistance to honor his commitment, his insolvency, his bad faith or the impoverishment of the latter.
It then becomes necessary to set up procedures allowing the creditor to recover his debt, either in an amicable way, or by judicial way.
We assist and accompany our clients in the following procedures:
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Order to pay ;
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Injunction to deliver or to return ;
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Seizure of tangible and intangible assets ;
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Seizure of property ;
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Seizure for sale ;
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Real estate seizure.
Security law
The development of economic activity is heavily reliant on the availability of credit.Indeed, it is one of the essential levers of business. This concept is closely linked to securities, because in practice, the creditor very often seeks to ensure the recovery of his debt. The economic actors thus resort to securities in order to guarantee the payment of their debts.
The technicality of this field calls for the contribution of a professional in order to guard against potential nullities, as well as the respect of the legal requirements.
We assist and advise our clients in the following areas
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Bonding ;
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Autonomous guarantee ;
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Mortgages ;
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Pledges ;
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Pledges ;
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Property-security ;
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Right of retention and privileges.
Law of insolvency proceedings for the settlement of liabilities
The reality of business is such that any company can experience difficulties during its existence. These difficulties have different sources and can be internal or external to the company. Hence the importance of surrounding oneself with business law professionals who can prevent these difficulties or overcome them.
We advise, assist and accompany you in case of difficulties of your company, in this case :
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Warning and setting up of preventive procedures ;
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Advice and assistance in the event of receivership or liquidation proceedings ;
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Declaration of claims ;
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Negotiation and drafting of memoranda of understanding ;
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Assistance in the relations with the judicial representatives ;
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Management of proceedings before the Commercial Court.
International Business Law
We assist you in your international investments and your business relations between international partners, in particular on the following issues
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Drafting and negotiation of international contracts ;
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International tax law ;
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Cross-border mergers ;
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Intellectual property, etc.
Business Litigation
We assist and support our clients in their local and international business relationships.
In the event of a conflict, we advise and implement prelitigation strategy privileging alternative methods of dispute resolution in order to avoid any legal dispute. In some situations it is preferable to prioritize the amicable settlement of disputes for reasons of discretion, speed and preservation of business relations with partners.
In the event that conflicts are not resolved amicably, we provide our clients with a team of lawyers experienced in business litigation to assist them and ensure that their rights and interests are respected throughout the litigation.
Contract law and negotiation
Contracts are an essential and unavoidable element in business relationships. The constant evolution of contract law calls for the assistance or support of an expert in both drafting and interpretation, as this is a highly technical field.
The intervention of an expert makes it easier to avoid any ambiguity relating to possible disputes concerning the interpretation of contracts during business relations or to guard against any risk of non-performance by one of the parties to the contract by providing for penalty clauses.
Due to the technical nature of contract law, our team of experts will negotiate the terms of your contracts and provide you with the appropriate legal advice.
We provide our clients with specialists in contract law to assist, accompany or represent them in the drafting, conclusion, interpretation or negotiation of their contracts, including
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Sales contracts ;
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Distribution contract ;
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Assignment contract ;
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Commercial agency contract ;
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Commission contract ;
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BOT ;
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Partnership agreement ;
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Preference agreement ;
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Contract negotiation ;
Negotiation of contracts with suppliers and service providers of companies.
Civil right
We offer our clients a skilled expertise in civil law, thanks to our experienced teams:
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Civil contracts ;
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Civil liability ;
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Property settlement ;
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Succession, gifts, etc. ;
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legal help and assistance
Labour law
Employment relationships are governed by several rules, from the conclusion of the employment contract to its termination. The assistance of an expert is essentially necessary during the contractual relationship or during its termination.
LEXA International intervenes on behalf of both employees and employers in matters relating to employment contracts, working conditions, termination of employment contracts, accidents and illnesses in the workplace, including
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Drafting and analysis of employment contracts (permanent and fixed-term contracts, etc.) ;
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Negotiation of severance pay in the event of dismissal or contractual termination ;
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Workplace accidents, professional illnesses; criminal liability of the company manager;
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Litigation on the execution of an employment contract or on its modifications and its termination ;
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Defense of employees, negotiation and transaction with the employer ;
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Maternity leave, parental leave;
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Advice to employers and defense before the Labour Court ;
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Drafting of agreements for the provision of personnel, etc.
Tax law
The exercise of any economic activity is dependent on taxation, which varies depending on whether the person is a natural or legal person, the type of income, and the area of operation.
To optimize your tax payments, to respect the tax schedule and to avoid any risk of adjustment, the assistance of an expert is essential.
We assure and, or accompany you in all your tax declarations. We defend your interests in all disputes opposing you to the tax authorities (administrative or judicial).
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Corporate tax ;
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Income tax (IRPP, BIC, BA, BNC) ;
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VAT ;
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Registration fees ;
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Transfer pricing ;
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Professional capital gains ;
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Capital gains on the sale of securities ;
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Real estate tax ;
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Local taxes (housing tax, property tax...) ;
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Patent ;
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Tax review ;
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IRVM
Mining and oil law
The exercise of mining or oil activities is governed by several laws. In Congo, this exercise is subject to obtaining exploitation titles. LEXA International assists you in obtaining the different titles related to your activities, notably
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The prospecting authorization ;
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The research permit ;
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Industrial exploitation permit ;
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The exploitation permit.
Banking law
Banking activities are subject to increasingly stringent regulations and complex rules requiring the intervention of specialists in the event of disputes or during the course of activities. Bankers therefore need expertise and reliable legal answers in various banking operations.
We offer our clients assistance and support, particularly in :
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Drafting of credit agreements ;
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Safe deposit box contracts ;
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Securities and guarantees ;
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Amicable debt collection ;
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Simplified collection procedures and enforcement procedures.
Criminal business law
Criminal risks cannot be excluded in the context of a company's activities. Managers, whether individuals or legal entities, are highly exposed to it. That is why we assist and accompany our clients in any social activity likely to engage the responsibility, in particular
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Abuse of corporate assets ;
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Insider trading ;
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Theft ;
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Fraud and related offences ;
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Breach of trust and other misappropriations ;
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Concealment and related offences.
NICT Law
The development of digital technology and new telecommunications modes has created a profound change in the economic and social spheres.
These changes have had to be regulated in order to avoid any slippage and a better control of the new technologies by the public authorities. We assist our clients in the following areas in particular:
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Cybercrime ;
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Regulation of e-money and electronic payments;
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Regulation of e-communications.
Major projects
LEXA assists its clients in the realization of major infrastructure projects (national roads, electrification projects, airport projects) that structure our economies. The constraints related to the realization of these projects are just as important as the ambition attached to their implementation; they require mastering and articulating the legislative and regulatory framework of several fields of law.
LEXA devotes a great deal of its activity to advising both private and public operators in the search for and implementation of structural and contractual arrangements adapted to their needs and which are based on the contractual logic of the public-private partnership and the structuring of operations.