Houda Law Firm intervenes in the member states of the Organisation for the Harmonisation of Business Law in Africa (“OHADA”) on all issues related to the harmonised business law.

OHADA law is the business law applicable in the 17 OHADA countries (Senegal, Benin, Burkina Faso, Cameroon, Central African Republic, Côte d’Ivoire, Congo, Comoros, Gabon, Guinea, Guinea-Bissau, Equatorial Guinea, Mali, Niger, Democratic Republic of Congo, Chad and Togo).

OHADA law is intended to facilitate trade and investment, as well as to guarantee the legal and judicial security of business activities in its member states.

Our intimate knowledge of the area and environment of the seventeen member countries which apply this unique business law, enables us to assist local or foreign companies which operate or wish to operate in these countries.

In 2018, Houda Law Firm opened an office in Abidjan (Côte d’Ivoire), becoming the first foreign law firm in the UEMOA region to be established in the country.

The firm also relies on a network of local partners to deploy within the OHADA area.

Arbitration and Mediation The solutions offered by judicial litigation are not always adapted to today’s business environment. They are sometimes too slow and tend to sever commercial ties rather than re-establish them.

Mediation and arbitration are alternative methods of dispute resolution that are becoming increasingly more common in both domestic and international disputes.

The firm has a long-standing practical experience with these alternative dispute resolution methods.

Our team advises companies, investors and public enterprises in disputes involving contracts and investment structures operating in the OHADA region.

Our team has an established reputation for litigation in a wide range of sectors, including, but not limited to, acquisitions and joint ventures, contractual disputes, oil and gas, energy, mining and natural resources, banking and finance, distribution, international sales and construction.

We are committed to defining for and with our clients the most suitable and constructive solutions for their situation.

Houda Law Firm has a perfect knowledge of institutional and ad hoc arbitration rules (OHADA and local). The firm’s Managing Partner Khaled Houda is an arbitrator at the Arbitration, Mediation and Conciliation Centre in Dakar and at the OHADA Common Court of Justice and Arbitration in Côte d’Ivoire.

The firm acts on behalf of its clients during the various stages of a dispute: from the drafting of dispute resolution clauses to representation during the arbitration, to related procedures (protective measures) up to the enforcement of arbitral awards.

Houda Law Firm draws on the experience of its lawyers in the public and private sectors to address the legal, strategic, and commercial issues of each client. The firm’s lawyers have an excellent legal know-how, combined with excellent multi-lingual skills, ensuring the best possible support for the client.

Corporate Governance Corporate governance is one of the key elements of a company’s success and its attractiveness to potential investors.

That is why our firm is committed to providing our clients with the highest international standards of corporate governance assistance.

Our team regularly advises directors, boards and senior management on corporate governance issues, including:

• Developments in corporate governance trends and best practices (review and update of articles of association);
• Identification and management of business risks;
• Directors’ duties and responsibilities;
• Evaluation and self-evaluation process of the board and its committees;
• Remuneration of managers and directors;
• Structure, composition and operation of corporate bodies;
• Drafting of documents and support for corporate decision-making.

Senegalese labour law is governed by a complex and constantly evolving set of rules. In addition, the sovereign interpretation by the local courts makes the area difficult to navigate.

Houda Law Firm is above all looking for the best operational solutions for its clients.

Our team of experienced lawyers and counsels is active in all areas of employment law, both in consulting and litigation, for companies and individuals:

• Advisory services for the recruitment of local and expatriate workers;
  Assistance in the selection, review and drafting of employment contracts;

• Implementation of disciplinary measures;

• Drafting of internal regulations, employee handbooks or codes of conduct;

• Advice and assistance on the legal management of the employees’ situation in case of change of employer or modification of the employer’s legal situation;

• Implementation and drafting of acts relating to a conventional termination of the employment contract;

• Drafting of settlement protocols, conciliation minutes;

• Implementation of disciplinary procedures, preparation of compulsory legal acts (lay-offs, dismissals);

• Assistance in the context of dismissal of staff representatives before the Labour Inspectorate;

• Assistance in the setting up and organisation of staff representative institutions (elections of staff delegates, trade union delegates, installation of health and safety committees);
• Relations with social institutions (Labour Inspectorate, Social Security Fund, IPRES, Labour Directorate);
• Representation before the Labour Inspectorate and the Directorate of Labour and Social Security;
• Social studies and audits, possibly in collaboration with accounting experts;
• Follow-up and compliance control of social documents and procedures (due diligences).

Real Estate Our responsiveness and practical style have led us to contribute regularly to real estate developments in the sub-region in many sectors of activity:

• Office buildings of all types,
• Commercial assets (shopping centres, department stores, etc.),
• Commercial,
• Hotels,
• Housing,
• Infrastructure.

The firm’s teams have a thorough understanding of the economic environment, regulatory developments and the challenges facing their clients in the technology sector.

We are regularly consulted on issues relating to the implementation of personal data processing and their compliance with the various laws and regulations applicable locally.

We assist our clients in the various prior formalities (declarations, requests for advice and authorisation) in the context of personal data processing. We provide legal monitoring and advice and highlight the possible sanctions that may apply in the event of non-compliance with the required formalities.

Houda Law Firm has developed an extensive know-how in the fields of maritime law, ports legislation and maritime transport law.

We act at all stages of a ship’s life in order to advise shipowners, ship-managers and brokers in the context of the construction, financing, acquisition, transfer and operation of a ship.

We are regularly consulted on issues relating to maritime transport (operating conditions, authorisation, responsibilities relating to the transport activity, etc.) and the intermediary transport professions.

Houda Law Firm draws on a highly qualified team of lawyers to assist you in all areas of taxation.

The firm’s practice extends to all areas of taxation: restructuring or regrouping of companies, financial taxation, assistance with audits or litigation, international tax law, real estate taxation, property taxation, and criminal tax law.

Our objective is to provide our clients with a real decision-making aid in the context of the creation, operation, restructuring and closure of their companies.

Our services include, but are not limited to the following:

• Tax advice ;
• Assistance and advice on the registration of legal documents;
• Tax review of contracts and other legal acts, in particular financing contracts, transfers of business or assets, transfers of receivables, lease agreements, etc;
• Formalities for the declaration of existence to the tax authorities and the application for a tax identifier;
• Tax due diligence missions and preparation of appropriate and independent reports for an informed decision by the client;
• Management of tax disputes of all kinds and for all taxes and contributions provided for by the regulations;
• Administrative management of tax adjustments;
• Tax optimisation strategy;
• Assistance in the taxation of labour law;
• Assistance and support for foreign companies in the context of their activities in Senegal, with or without a physical presence;
• Drafting of notes and tax opinions for the benefit of the client;
• Advice and assistance in the context of customs operations.

Houda Law Firm has a team of highly experienced lawyers dedicated to public procurement law.

Our lawyers assist both companies and public authorities.

We provide clients with our expertise in both advisory and litigation matters. On a daily basis, we practice all areas of administrative and public law, working on projects for local authorities and companies working in the public sector.

• By way of example, we act in the following areas,
• Public procurement and public contracting,
• Concessions and public-private partnerships,
• Development of public property and urban planning,
• Drafting and negotiation of contracts,
• Administrative, civil and criminal litigation on public contracts

Our teams provide advisory services to manufacturers, transport operators, maintenance operators and equipment manufacturers, as well as insurers, on all issues relating to transport law, logistics and related activities (social organisation, structural organisation, organisation of public transport services, infrastructure and engineering works, etc.).

We specialise in the following areas:

• Air,
• Maritime
• Road and Rail