PRACTICE AREAS

Advising businesses on compliance with competition regulations and representing clients in competition-related matters.

Offering guidance and representation in immigration matters, including visas, work permits, residency, and citizenship applications.

We have an experienced M&A department that advises clients on a myriad of competition and anti-trust issues. Our services include reviewing and advising agreements subject of the intended transaction (both for the acquiring and target company). Our team assists clients in completing Fair Competition Commission (FCC) forms, issuing advice on whether the transaction will result in the acquirer having a monopoly in the market, assisting clients on notifications to the Fair Competition Commission and representing clients on hearings at the at the Fair Competition Tribunal.

JAINA provides corporate secretarial services for local and foreign companies. In this regard, the Firm acts as external Company Secretary on a retainer arrangement. JAINA assists clients in all matters concerning statutory compliance as required by the Companies Act, Cap 212. It is a requirement of the law that every company must have a Company Secretary. The work of an external Company Secretary includes preparation of board packs, statutory board and shareholders meetings’ agendas, attending the meetings and taking record of the proceedings, followed by the mandatory filing of the Annual Returns as well as other filings as prescribed under the Companies Act. Depending on the instructions of the client, JAINA will maintain the mandatory statutory books, including the minutes book, combined register of members and directors and the share certificate book and where available, the company seal. Every company is obliged to notify BRELA of its registered office for purposes of service of notice and we use our offices for such purpose on behalf of our retainer clients.

We advise employers on various labour and employment related issues including interpretation of the provisions of the Employment and Labour Relations Act No. 6 of 2004 and the Employment and Labour Relations (Code of Good Practice) Rules, 2007. For some of our clients which are new to the Tanzanian business environment, we guide them through various obligations which they will have to their prospective employees and the Government as an Employer. For such clients, we assist them in understanding their obligations as Employers to remit to the relevant authorities, within the prescribed timeline, Pay As You Earn (P.A.Y.E), Social Security Benefits, Skills and Development Levy and City Service Levy.

One of the heavily regulated industries in Tanzania is banking and financial services. To reduce risks and avoidable loss, financial institutions and clients alike must have a thorough awareness of the legal and regulatory landscape. Jaina Attorneys work with customers and financial institutions to suit their unique demands, especially given that each client’s financial needs are unique from others, we have experts who have assisted clients with advice on acquisition financing, project financing, restructuring and bankruptcy, financial services regulation, structured financing, trade and export financing, real estate financing, and securitization. Furthermore, Jaina Attorneys work collaboratively with banks and other financial institutions to provide advice on general corporate banking, aspects of money laundering, asset financing and management, investment advisory, regulatory compliance, perfection of securities, and recovery services, including civil litigation representation.

Being a growing economy, Tanzania offers exciting opportunities for business growth through creativity and innovations. Unfortunately, many businesses lose fortunes for lack of proper legal advice on handling the product of their creativity and innovation. Jaina brings a spot-on solution to this. It promises to be a reliable partner to ensure the protection of creative and innovative efforts. As a result of our long-proven experience, we assist our clients 1. To identify all works that qualify for intellectual property rights protection international law. 2. To handle all filing and registrations requirements at national, regional, and the market to identify infringements or potential infringements of intellectual rights. 3. And to address such infringements in the relevant courts and tribunals

Our role in insolvency proceedings includes advising lenders to issue proper notices to their respective borrowers as prescribed by law (the Companies Act and Land Act), advising lenders on the possible measures that can be taken by borrowers in order to seek the intervention from courts of law to halt the insolvency proceedings. We advise lenders on measures to take upon taking physical possession of the charged properties including taking the necessary security measures over the charged properties, carrying out an independent valuation of the charged assets, taking the necessary insurance over the charged properties, preparing request for proposals (RPFs) for the disposition of the charged properties and evaluating the bids. We further advise lenders, banks and financial institutions on which bids meet the minimum requirement set by law on the disposition of charged properties and finally process the disposition of the charged asset as appointed Receivers/Managers of the secured properties.

Jaina has a strong litigation team that works very closely with the Firm’s corporate team on our clients’ files before claims develop into disputes. Jaina delivers intelligent and effective solutions to its clients’ exacting and potentially costly disputes. Our practitioners are skilled in preparation of legal documents which involves thorough legal research before legal documents (opinions, pleadings, agreements among others) are sent to clients. The Firm’s litigation team is notable for its knowledge of technical issues, its commitment to clients’ interests and its strategic approach to litigation and their judicious use of the mandatory court supervised alternative dispute resolution mechanisms to resolve disputes. The Firm has acted for leading corporate in local and international arbitration and other alternative disputes resolution mechanisms such as adjudication and professional guidance in disputes before the High Court and the Court of Appeal of Tanzania among others. Clients include major companies operating in Tanzania as well as international companies and NGOs. JAINA has represented and continues to represent clients in negotiations with various stakeholders including but not limited to property developers, contractors, power and mining companies, property managers, tenants, government agencies and international organizations.

We have vast experience in all areas of non-profit law including, regulatory compliance, corporate governance and restructuring, charitable transactions and documentation, and entity set up selections. Over the years we have provided services to well established and respected local and international not for profit organisations who are in the health, education and welfare sectors. Our role in these types of services also includes advising our clients on tax, immigration, secretarial, labour and employment related issues.

Jaina provides advice relating to applicable tax in commercial transactions generally as well as continuous tax compliance requirements and the applicable tax and tax disputes resolution procedures. Jaina represents a wide range of clients in tax disputes, guiding corporate clients in the event of a tax dispute through the appeal processes available, including, filing of notices of objection, representation in the tax tribunals and the courts, and where tenable, we guide clients through the alternative dispute resolution mechanisms, such as mediation or direct negotiations.

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Our corporate commercial team serves as general counsel for corporations and advises on all aspects of their corporate life and business issues that result from day-to-day operations – from incorporation to compliance through all aspects of their evolution and operations, including corporate governance structuring and insolvency/liquidations. Our team particularly advises on competition matters, mergers and acquisitions, private equity, corporate governance, commercial contracts, technology, media and telecommunications, employment, and intellectual property. Furthermore JAINA assists investors doing business in Tanzania by providing advice on the legal and regulatory regime for registering and incorporating businesses, licensing, and other statutory compliance requirements including governance structures, especially in heavily regulated sectors including listed companies, banks, insurance, anti-trust regulations and entities in the telecommunication and natural resources sectors. We undertake due diligence investigations for companies wishing to merge or to acquire other entities and we advice on the status of commercial contracts, pending commercial litigation, contract negotiations and implementation.