SERVICES & SECTORS
Services
Houda Law Firm is primarily committed to understanding the needs of its clients.
Through our in-depth knowledge of local and regional markets (OHADA, UEMOA), we work with clients to find legal solutions that fully meet their needs and requirements.
The firm’s resources, organised into dedicated departments, enable us to quickly mobilise a team of specialists capable of defending your case seriously and effectively in all areas of law.
Our references include major actors in the sectors of banking and insurance, finance, mining, energy and transport.
Our areas of intervention are as follows:
- OHADA Law ;
- Arbitration ;
- Banking and finance (banking law, corporate finance, Islamic finance);
- Corporate law, Mergers & Acquisitions ;
- Corporate governance;
- Commercial and contracts litigation;
- Projects (infrastructure, public-private partnerships);
- Mining and energy (mining, oil & gas, electricity);
- Employment law;
- Real Estate ;
- Technology and personal data protection;
- Maritime law;
- Tax law ;
- Public law;
- Transport.
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.
Houda Law Firm assists its clients in strategic financing operations in West Africa.
Our credit provider clients are banks, credit companies, investment banks, investment funds, insurance companies, trust and loan companies and other financial institutions.
We also represent and advise corporate borrowers, trusts and institutional borrowers on their financing needs.
We also support our clients in all matters of financial management and associated decisions and strategies.
The firm is present at every stage of this process:
- Verification of the legal compliance, and , or regularity of the financing project with the regulations on credits, and, or loans and financial relations;
- Legal review of foreign exchange regulations and controls;
- Assistance in the implementation of conditions precedent (declarations for statistical purposes, foreign exchange authorisations, etc.)
- Drafting, and, or waiver, assistance in the implementation of conditions precedent in collaboration with the lenders, and, or borrowers;
- Drafting, and, or revision of the financing agreement;
- Assistance in the implementation of conditions precedent;
- Drafting of guarantee and security deeds (borrower’s guarantee, personal and joint guarantee, assignment agreement, etc.);
- Analysis and registration of securities under Senegalese, and, or Ivorian law;
- Participation in meetings to review financing and guarantee contracts between the Borrower and the Lender(s);
- Drafting of a legal opinion on the validity under Senegalese law of the Financing Agreement, the Guarantee and Security Agreements;
- Assistance and legal and tax advice on all legal matters.
Corporate finance is now seen as a lever to increase the value of a company for its shareholders.
Our know-how in OHADA commercial law and other associated and relevant legislation enables us to assist our clients in making investments that increase the profitability and long-term sustainability of their businesses.
In Senegalese, and OHADA law, the firm is involved in all stages of project financing operations, whether public, private or in partnership. From the structuring of the contractual framework, drafting and negotiating the financing documentation, choosing and setting up guarantees adapted to the project, executing the contracts, refinancing and restructuring existing arrangements.
We advise corporate managers and other financial partners on the structure and sources of capital for their companies, and on dividend policy, in full compliance with local and EU laws.
In order to meet our clients’ needs as closely as possible, we guide them towards structures that allow for optimal tax treatment (determination of partner, and, or shareholder location schemes, creation of holding companies, etc.).
Islamic finance is one of the major fields of application of Islamic economics.
Our teams have extensive experience in a variety of areas related to Islamic finance, including project development and financing, banking law, mergers and acquisitions, joint ventures, and restructuring and insolvency.
We assist banks, investors and investment funds in Shariah compliant transactions.
Houda Law Firm provides its clients with qualitative advice and support thanks to its comprehensive knowledge and understanding of the issues faced by companies in the OHADA area and in particular in Senegal and Côte d’Ivoire.
Our lawyers are experts in strategy and social and tax optimisation.
We can advise you on the choice of the most appropriate corporate form for your business project and your situation (type of activity envisaged, size of the structure, number of partners, social responsibilities, tax impacts, etc.).
Houda Law Firm provides you with its know-how on the tax and social implications of the choice of legal status (distribution of profits, remuneration and social and tax regime of the manager, etc.).
We assist clients at every stage of their company’s life, taking into account legislative and jurisprudential developments in order to offer them an up-to-date and qualitative service.
We regularly intervene in the following areas:
Company formation and tax optimisation;
Completion of registration formalities with the trade register and the tax authorities of Senegal and Côte d’Ivoire;
Drafting of legal documents related to corporate affairs (articles of association, shareholders’ agreement, transfer of shares, minutes of general meetings, etc.);
Dissolution and delisting of companies.
In the event of litigation, our litigation department will provide you with assistance on all corporate law issues (conflicts between partners, appointment of an expert and follow-up), appointment of an ad hoc representative, etc.
Corporate law transactions are an important step in the growth strategy of companies.
We provide clients with our know-how in the following operations:
- Restructuring (mergers, de-mergers), partial contributions of assets, universal transfer of assets, etc.),
- Equity investments (private equity, venture capital),
- Sale or acquisition of shares, and, or assets.
Our lawyers assist you at every stage of these transactions, from legal due diligence to commercial negotiations and the formalisation of the contractual framework.
Our clients particularly appreciate our practical approach, which enables us to provide them with innovative legal assistance tailored to their needs, in accordance with national and EU laws and regulations.
Our practice covers all sectors (finance, services, industry, energy, etc.) and all types of transactions.
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.
Sub-section: Commercial litigation
The firm’s team of litigation specialists assists its clients in the most complex disputes.
With a team spread over two business centres in Senegal and Côte d’Ivoire, we offer our clients qualitative and comprehensive know-how of the WAEMU and OHADA areas.
Houda Law Firm has developed a broad understanding and know-how in the field of corporate litigation and is able to support and defend its clients in all commercial disputes.
We accompany our clients in a variety of commercial activities:
- Corporate Litigation,
- Litigation relating to financial institutions,
- Litigation relating to companies in difficulty and collective procedures,
- Antitrust Litigation,
- Tax litigation and disputes.
Our teams offer their experience in contractual matters to guide you towards the most appropriate articles of association and solutions for your activity and your corporate organisation: commission, mandate, agent, purchase-resale, etc.
Our specialised teams assist you in drafting your general conditions (purchase or sale, e-commerce…) and your customer or supplier contracts, in accordance with the requirements of the laws applicable in Senegal in terms of commercial negotiations.
Our firm is also experienced in undertaking contractual audits.
Our team advises clients including companies, funds, banks, governments and other public bodies on the complex challenges of regional and cross-border infrastructure projects.
We assist them on various aspects of infrastructure projects, such as construction and engineering projects, transactions and litigation.
Our specialised team provides proactive insight and legal advice on all stages of the project bidding and planning process, through to the financing, construction, operation, maintenance, refinancing or sale of major projects and assets. We offer a unique approach based on our extensive local knowledge and practical approach.
In the event of a dispute or litigation, our lawyers guide our clients and help them achieve the best commercial results through settlement negotiations, litigation, arbitration and all forms of alternative dispute resolution.
At the crossroads of public and private law issues, public-private partnerships (PPP) are today essential in the context of large-scale projects in Senegal in the field of construction, maintenance, operation or management of equipment or goods required for public service.
The negotiation of a PPP contract is a balancing act between the interests of the State, those of the private operators and those of the citizens.
Houda Law Firm offers its know-how in the field of PPPs and complex contractual arrangements through a multicultural and multidisciplinary team with a perfect knowledge of public interest issues.
The firm is now regarded as a privileged partner in projects involving the State and its branches with development partners.
Whether they are from the private or public sector, we advise all our clients with rigor and speed, giving them the benefit of our experience and our extensive knowledge of the legal environments of the countries in which the firm is established.
We provide them with advice adapted to their situation and up to date with the latest legal, jurisprudential and regulatory developments in force.
The firm’s extensive know-how enables us to offer tailor-made services to mining companies (majors and juniors), financial institutions and investors.
Our clients call on us to structure, secure and execute acquisitions, sales and management of mining assets (negotiation and drafting of production sharing contracts, mining agreements, obtaining mining titles). In the event of any dispute or litigation, our arbitration specialists are also involved in related national and international litigation.
Our team is able to provide comprehensive assistance on all technical, legal, tax and administrative aspects of your project.
The firm’s clients include major players in the mining sector.
Houda Law Firm has been operating in Senegal for 40 years and has extensive advisory experience in the oil and gas sector.
We assist our clients of various nationalities for their projects in the WAEMU zone in the following fields:
- Exploration and production,
- Extraction and storage, processing and transportation,
- Downstream refining, including marketing, petrochemicals and chemicals, trading and derivatives, storage and alternative fuels,
- Offshore oil services,
- Infrastructure for LPG (Liquefied Petroleum Gas) projects
Our extensive experience and expertise in the oil and gas sector is regularly relied upon by leading international companies.
The electricity and renewable energy sector is expanding rapidly, driven by the growing global need for energy transition. The players in the renewable energy market must therefore operate in a constantly changing economic and legal framework, often modifying their strategies and resources to adapt to such changes.
Houda Law Firm through its team of highly qualified lawyers offers a practical approach to the energy sector.
We provide our clients with comprehensive legal know how in the construction, operation and financing of energy production, transmission and distribution infrastructures in West Africa.
We assist in the acquisition of renewable energy projects as well as in the preparation of energy infrastructure project documentation (construction and maintenance contracts, financing contracts, regulatory and tax aspects).
We prepare and negotiate connection, operation and access agreements to the transmission network of producers.
We assist suppliers in formalising their offers, validating their general terms and conditions of sale and their contractual negotiations.
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
SECTORS
Houda Law Firm advises banks, credit companies, investment banks, investment funds, insurance companies and other financial institutions operating in the banking, financial and insurance sectors.
Our specialised teams can assist you in the following areas
- Insurance
- Corporate Finance,
- Banking and Credit – Structured Finance
- Banking and Finance Litigation
- Insurance Litigation
- Project finance
- Islamic Finance
- Financial Services
Houda Law Firm has been active in Senegal for 40 years and has played a leading role in the mining, oil and gas sectors in West Africa.
The firm has developed a renowned and comprehensive know-how in national and international oil, gas and mining transactions.
With its experience and know-how, it is able to offer tailor-made services to oil (majors and juniors), gas and mining companies, financial institutions, investors and governments.
Our clients engage us to structure, secure and execute acquisitions, sales and management of mining, oil and gas assets (negotiating and drafting production sharing contracts, agreements, obtaining oil, mining and gas titles).
Our arbitration specialists are also involved in related litigation in the WAEMU and OHADA zones.
We also assist in the acquisition of renewable energy projects as well as in the preparation of energy infrastructure project documentation (construction and maintenance contracts, financing contracts, regulatory and tax aspects). We prepare and negotiate connection, operation and access agreements to the transmission network of producers. We assist suppliers in formalising their offers, validating their general terms and conditions of sale and their contractual negotiations.
Our team is able to provide comprehensive assistance on all technical, legal, fiscal and administrative aspects of your project.
Our team of highly qualified lawyers advises clients including contractors, funds, banks, governments and other public bodies on the complex challenges of regional and cross-border infrastructure projects.
We assist them on various aspects of infrastructure projects, such as construction and engineering projects, transactions and litigation.
We provide proactive insight and legal advice at every stage of the bidding and project planning processes, through to the financing, construction, operation, maintenance and ultimately the refinancing or sale of major projects and assets. We offer a unique approach based on our local knowledge and practical approach.
In the event of a dispute, our lawyers guide our clients and help them achieve the best commercial results through settlement negotiations, litigation, arbitration and all forms of alternative dispute resolution.
Houda Law Firm has a recognised know-how in all the legal and tax issues that may arise in the real estate market.
Our responsiveness and practical style lead us to contribute regularly to real estate developments in the sub-region in all classes of real estate assets:
- Office buildings of all types,
- Commercial assets (shopping centres, department stores, etc.),
- Commercial,
- Hotels,
- Housing,
- Infrastructure.
Houda Law Firm operates in the sports and tourism facilities sector (seaports, convention centres, cinemas, stadiums, etc.).
More specifically, we provide our public and private clients with special expertise in the choice of management methods and in the conclusion of public service delegation contracts or public-private partnerships.
We also assist them in all issues arising during the operating phase (police regulations, user regulations, administrative or civil liability).
Finally, we also assist in the execution of contracts, by carrying out audits and renegotiating contracts, particularly with regard to the financial aspect (drafting of amendments).
Our teams advise 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 & Rail
Houda Law Firm is regularly consulted on the deployment of physical and e-commerce distribution networks.
Our firm regularly advises on the legal issues of retailers. Our clients include players in the retail, food processing, trade and specialised distribution sectors.
Through a specialised team of lawyers in contractual law, we put our experience at your disposal to guide you towards the most appropriate articles of association and solutions for your business and your commercial organisation.
Our teams will assist you in drafting the contractual legal instruments necessary to carry out your retail operations in accordance with the requirements of the laws applicable in Senegal and in the OHADA area.
Houda Law Firm has also developed a broad know-how of business litigation and is able to assist and defend its clients in all commercial disputes (disputes with commercial agents, breach of commercial relations, unfair competition, infringement of intellectual property rights, tax disputes, etc.).
Senegal is a pioneer in public-private partnerships (PPP) in West Africa. The management of public services relating to water and waste treatment, energy (electric power, rural electrification, etc.), urban and rail transport are complex challenges due to the economic and technical constraints and the local specificities of each project.
Houda Law Firm assists its clients in these matters by constantly adapting to changes in public policy, technological advances and new environmental standards.
We are considered today, as a privileged partner in projects involving the State, its branches and development partners.
Houda Law 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 preliminary formalities (declarations, requests for advice and authorisations) in the context of the processing of personal data. We provide legal monitoring, 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 expertise in the fields of maritime law, port law 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, liabilities relating to transport activities, etc.) and the transport intermediary professions.