INDUSTRY FOCUS & AREAS OF CORE COMPETENCE
We have developed the skill set and expertise required to consistently provide world-class legal services in a broad range of industries and transactions. As a firm, our industry focus, and some of our main areas of core competence and expertise are:
AVIATION
The firm’s Aviation Team is capable of providing creative, solution-focused advice and representation to local and international airlines, governments, pilots, engineers and other aviation sector actors and stakeholders on general aviation and flight matters, regulatory compliance, commercial transaction service agreements and in dispute resolution proceedings within the sector. The Team also advises on acquisitions of aircraft, helicopters and equipment, leasing, financing and security arrangements, licenses, permits, registration and de-registration issues associated with the transportation of passengers and goods.
We are also able to advise and represent parties involved in torts, wrongful death and/or loss arising from air crashes.
BANKING AND FINANCE
Banking and Finance is a key area of specialization for the firm. We are able to advise clients (Banks, Individuals and other Corporations) on acquisition finance, secured and unsecured credit facilities, syndicated loans and project finance. In addition, we advise clients ranging from local and international banks, development finance institutions and other financial institutions to arrangers, facility agents, borrowers and sponsors on all the spectrum of banking and finance matters, from business establishment, regulatory capital, corporate, project and structured finance, commercial lending, syndicated financing, asset-based lending, foreign exchange, Islamic banking finance, foreign direct investment and other general regulatory compliance issues. In this regard, we are very familiar with the Central Bank of Nigeria regulations, as well as all other applicable regulations and the operations of financial institutions in the sector.
BUSINESS ESTABLISHMENT, CORPORATE ADVISORY AND COMPANY SECRETERIAL
At the core of the firm’s practice is its Corporate Advisory Practice, which includes all the spectrums of corporate law i.e. business establishment, corporate ownership, corporate governance, mergers, acquisitions and takeovers, investments and other corporate restructuring.
Between the Chairman & Managing Partner and other members of the firm, the team has a deep wealth of experience advising local and international corporations, conglomerates, investors, joint venture partners, shareholders; boards of directors; banks and other financial institutions; regulators; as well as other local and international clients. Based on our experience, the sectors that these clients operate in include oil, gas and petrochemicals, banking, finance, construction and infrastructure, power, real estate, health, logistics, foods and beverages, hospitality, retail, among others.
The Chairman & Managing Partner and other members of the firm have previously advised on business establishment strategies, corporate ownership, corporate governance, mergers and acquisitions, domestic and foreign investments, restructuring, commercial contracts, joint ventures and strategic alliances, equity and asset sale and purchase, insolvency, labour and employment matters, foreign investment; expatriate quota and permits, due diligence and risk management, business ethics and anti-corruption issues and taxation.
With regard to Company Secretarial Services, the firm’s Chairman & Managing Partner and other members of the firm have extensive experience acting as secretary to several corporations. In particular, they have previously provided the following services:
- Proffered advice on all aspects of pre-incorporation/establishment strategy;
- Business establishment and incorporation;
- Drafted Shareholders Agreements;
- Prepared and circulated notices of company/board meetings, minutes and resolutions in relation thereto;
- Attended company/board meetings and prepared minutes;
- Maintained statutory registers, minute books and corporate seals of the company;
- Filed annual returns and any other returns required to record changes in directors and the allotment of shares;
- Advised on compliance by the company with applicable rules and regulations;
- Drafted Corporate Governance Codes, Handbook, Whistleblowing Policy, Anticorruption Policy and Environmental Policy for the company, etcetera.
The industry sectors in which our leaders have previously acted and advised include oil, gas and petrochemicals, banking, finance, construction and infrastructure, power, real estate, health, logistics, foods and beverages, hospitality, retail, among others.
COMPLIANCE, ETHICS AND INVESTIGATIONS
Compliance and ethics are integral enablers for the success of businesses and organisations, for the ultimate purpose of developing a culture of integrity and building a reputation for excellence. At Tare-Otu Legal, we have a strong Compliance, Ethics and Investigations practice that is able to advise and support clients with legal, procedural, governance and reputational aspects of compliance; ethical issues; and complex investigations in Nigeria.
The Chairman & Managing Partner and other members of the firm have considerable experience engaging with key regulators on matters bordering on compliance, ethics and investigations, as well as advising on these matters. They have previously advised local and international corporations on the following:
- identifying and mitigating risk exposure;
- achieving adherence to business ethics;
- conducting internal audits and investigations to review and evaluate misconduct as well as recommended remedial action;
- recommending strategies for complying with relevant local and foreign statutes, which border on compliance and ethics; and
- investigating and handling incidences of alleged corruption, victimization and retaliation, abuse of office, collusion, money laundering, fraud, and sexual offences; etcetera.
EMPLOYMENT & LABOUR
We are very passionate about employment and labour matters, because it stands at the core of life at the workplace. Therefore, one of our core competencies and practice areas is our Employment & Labour Practice. We are able to assist clients with advice covering all the ranges of employment and labour issues, including employment and end-of-employment documentation; negotiating and settling employment-related contractual and trade disputes; advising on employee issues in the context of the workplace environment, employee issues in company liquidations, mergers, acquisitions, divestments and restructuring.
Between our leaders lie a wealth of experience in employment matters, as they have extensively advised on employment and end-of-employment documentation; negotiating and settling employment-related contractual and trade disputes; advising on employee issues in the context of the workplace environment, employee issues in company liquidations, mergers, acquisitions, divestments and restructuring, trade union disputes, redundancies, workplace injuries and compensation, the establishment and operation of pension and other retirement schemes; the establishment, operation and management of employee savings plans and stock option schemes. They also have extensive experience conducting Litigation and other forms of Disputes Resolution for and on behalf of clients (individuals and corporations).
Previously, our leaders have also assisted multinational clients with bringing expatriates into Nigeria.
DISPUTES RESOLUTION - LITIGATION, ARBITRATION AND OTHER MECHANISMS
The resolution of disputes is an extremely fundamental and core area of practice at the firm. This is because disputes are normal eventualities in every day transactions between two or more people. The firm’s litigation, arbitration and alternative dispute resolution team provides a full complement of services to clients across all our practice areas. The services provided by this team include providing advice and strategy on litigation and settlement of disputes, representation before courts, arbitration, mediation and other tribunals, due diligence reviews, portfolio audits, acting as counsel in court-regulated transactions and the drafting and review of local and cross border transaction agreements which envisage disputes.
The leaders of the firm have tremendous experience advising, acting for and representing clients in dispute resolution matters. Some of the clients they have previously acted for and represented include Shell, Chevron, Total E & P, Moni Pulo Limited, Nigeria LNG Limited, Daewoo Nigeria Limited, Amni Petroleum, Access Bank Plc., Diamond Bank Plc., Heritage Bank, NITDA, Lubrik Construction, DSC International, Nalco Energy, Ocean Marine Solutions, Emerging Markets Telecommunication Services Ltd and some individuals.
In addition, our leaders have appeared in all the classes of superior courts of record in Nigeria and their litigation practice cuts across every area of business, industry and sector in Nigeria.
ENERGY & NATURAL RESOURCES (OIL AND GAS)
The Energy & Natural Resources Team is able to advise various clients on matters such as the regulatory framework for oil and gas in Nigeria; the processes and procedures for obtaining leases, licenses and permits from the Department of Petroleum Resources, the Nigeria Content Development and Monitoring Board, and the Nigerian Export Processing Zones; licensing procedures under the bidding rounds; joint ventures, investments, technical service and management relationships with local companies; the tax regime applicable to oil and gas transactions in Nigeria; the viability of certain proposed oil and gas investor financing arrangements under Nigerian law; foreign investment in companies operating within the Marginal Oil Fields Programme; and the negotiation, drafting and resolution of disputes under petroleum industry contracts.
The team also provides advice and dispute resolution representation to multinational and indigenous exploration and production companies as well as oil service companies.
We are able to assist strategic investors in the emerging natural gas and energy sectors with structuring their investments and formalising their arrangements with local partners through the requisite transactional documentation and contracts.
PROJECTS & INFRASTRUCTURE
The Projects & Infrastructure experience of the firm covers the broad spectrum of structuring, documenting and negotiating in relation to local, national, international and multi-national projects. The Partners developed extensive experience in this regard by consistently working on some really notable and complex projects in Nigeria.
Previously, the firm’s leaders have advised on the financing, development and operation of projects in diverse sectors such as:
- The Ultra-modern Railway Infrastructure (Monorail Project) in Rivers State;
- The Greater Port Harcourt City at Omagwa, Port Harcourt, Rivers State;
- The Residential Golf Estate, Port Harcourt;
- Jetty for oil and gas logistics;
- Other Public Private Partnerships
Thus, we are able to provide complete advice, obtain requisite permits and prepare all the documentation from the beginning to the completion of any project.
REAL ESTATE
The Real Estate Team provides standard drafting and negotiation support services in relation to basic land purchase, sale and other real estate contracts. The team also advises clients on real estate financing transactions, project finance, mortgage schemes and other property acquisition transactions.
Furthermore, we are able to advise local and international clients in connection with land acquisition, foreign investment approvals, and the financing and construction of several real estate projects in Nigeria. In this regard we are experts in navigating through regulatory framework for development of the properties; procurement of the relevant approvals; establishment of the project companies as well as undertaking extensive due diligence to determine the ownership of the relevant properties, and then draft and prepare all the required documentation from start to finish.
TELECOMMUNICATIONS, MEDIA AND TECHNOLOGY
The Firm’s Telecommunications, Media and Technology (TMT) practice has robust offerings to telecoms companies, start-ups, and businesses within the telecoms, media and fintech industry. The firm’s leaders are very familiar with the relevant and applicable communications policy and rules in Nigeria.
The TMT team advises on regulatory and compliance, operational requirements and divestments, anti-trust and competition issues, outsourcing projects, cybersecurity and data protection, privacy issues, e-payment systems and e-commerce. We are able to advise bidders involved in licensing auctions and assisted several telecommunications operations, media investors, broadcast companies, TMT sector equipment and service suppliers, social network operations, telephone and electronics manufacturers, and music publishers. We can also advise and help start-ups with all the fintech business start-up documentation required to achieve their business goals. In this regard, we advise on business establishment, business ownership, local and foreign investment, corporate and project finance, cybersecurity and data protection, privacy issues, e-payment systems and e-commerce.
CONSULTATION