The fintech industry is popular for its dynamic approach to delivery and relies on technological advances. Innovations such as blockchain, mobile payments and savings, peer-to-peer lending platforms, crowdfunding and similar internet-based solutions have radically transformed the financial services landscape in Nigeria, challenging its traditional business models and regulatory infrastructure. However, beyond the noteworthy advancements in this sector, a key concern is giving the country’s growing population access to these innovative solutions.
Our finance and projects lawyers advise on all aspects of financing, across borders, sectors and financial products.
We share knowledge and skills in deals involving, for example, lending and borrowing, debt securities, derivatives, funds, portfolios and fintech solutions, as well as energy, infrastructure, transport matters and other projects.
With one of the largest teams of dedicated finance and projects lawyers in the Namibia, we help our clients to realize and develop their financial strategies and projects in whichever markets they do business.
Our lawyers have experience advising in regards to asset based lending and receivables financing.
We advise banks, finance houses, sponsors and corporates on a range of finance transactions, including asset-based lending, receivables financing, supply chain finance, and non-recourse structures, among others.
Our lawyers have experience in advising on a wide variety of asset and structured finance projects including the procurement, financing and leasing of aircraft, ships and infrastructure.
Our client base includes banks and arrangers, major airlines, fishing companies and operators.
Our debt capital markets lawyers advise on complex, innovative and high-profile transactions.
We advise issuers, underwriters, selling shareholders, sponsors, arrangers, lead managers, originators, dealers, trustees and depositaries on a broad range of capital markets offerings, including equity, equity-linked and debt securities, structured and project financings and securitizations.
Our lawyers regularly advise senior lenders, mezzanine lenders, equity investors, investment funds and companies on all aspects of debt financing, including all aspects of the financing of public and private company acquisitions, and other institutional buyouts in Namibia and beyond.
Our financial services regulatory lawyers advise financial institutions of all sizes as well as national and international companies that offer financial products.
We advise clients on a wide-range of issues, from regulatory issues affecting the viability of the institution, permissibility of activities and investments, to anti-money laundering compliance, restructuring of boards and senior executive responsibilities, examination criticisms and regulatory investigations and enforcement actions, among others.
Our lawyers deliver integrated advice and support across a range of transactions in Namibia and beyond.
We have substantial experience in a wide array of securitization of esoteric assets such as renewable energy and energy efficiency assets, small business loans, and whole business securitizations and project finance securitizations.
Our lawyers have experience in the infrastructure market and act for both sponsors and lenders in a wide range of limited recourse financing transactions.
We have experience of PPP transactions and thorough knowledge of several market sectors.
Our lawyers have experience regarding PPP, delivering sound and innovative solutions to clients on all aspects of projects, from their procurement and financing, including secondary market acquisitions and subsequent refinancing, through variations and operational issues.
We advise on every legal aspect from contractual documentation and risk allocation to finance structuring.
Our lawyers advise public sector bodies procuring major infrastructure projects on every legal aspect from producing and negotiating contractual documentation, forms of delivery, and risk allocation between the public and private sector.
Many procuring authorities are facing pressure currently to vary signed PPP contracts to reduce expenditure and we have experience in advising in respect of operational projects across all sectors.
Our lawyers have experience in the renewable energy market, advising sponsors, developers, financiers and regulatory bodies, among others, on transactions across the spectrum of renewable energy technologies, including hydro, solar, wind.
We have hands-on, practical experience of delivering each stage of a project, including permitting, joint ventures and other corporate matters, structuring equity investment, project documents (such as PPAs, EPC and O&M arrangements), project finance and M&A.
Experience has included advising:
- In respect the project financing and securitization of 5 solar power plant projects across Namibia as well as the first wind power project in the country. Our role included advice and drafting of land leases and servitudes in respect of powerlines and power plants, preparation and negotiations of transactional documents and attendance to the securitizations of loans made to the IPPs.
- Clients with extensive legal opinions on the legal framework of Namibia and more specifically the laws applicable and of relevance to foreign investors / funders in projects within the following sectors:, mining, water, infrastructure, development, TMT and energy.
- On the securities structure in respect of a term loan facility, whereby an independent power producer (IPP) sourced funds from the client, for the construction of a solar photovoltaic power plant. The firm further attended to the drawing of the necessary finance documentation as well as the registration of the necessary securities. The security structure implemented was complex in that the IPP erected the solar photovoltaic power plant on land which it does not own and as such the land could not be used as security. To this extent another way the client could secure the loan was advised on, which resulted in the registration of a notarial lease between the land owner and the power producer, which notarial lease agreement then could be used as security.
- Clients in respect of the refinancing of working capital facility and the securitisation thereof via a security company structure.
- And drafting of term loan facility agreements based on the LMA for the availing of property finance to various property developers
- A state owned fishing company on a project for the acquisition of dock-side property in Walvis Bay and subsequently for the establishment of an onshore horse mackerel processing plant on the property.
- On the securities structure in respect of a term loan facility, whereby an independent power producer (IPP) sourced funds from the client, for the construction of a solar photovoltaic power plant.
- A company specializing in solar PV systems (and the financing thereof) on the leasing of roof top space of a major retail centre for the installation of photovoltaic panels. The retail centre in turn agreed to purchase the electricity generated by the plant for on-site consumption. We advised on all regulatory and related matters.
- Commercial and investment banks as local counsel in respect of project finance matters.
Open banking is a system where banks allow or authorize third parties, such as financial technology or fintech companies, to access their clients’ financial data to build applications or services. Anchored on providing better customer experiences, open banking has stirred a lot of interest in Africa, including banking apps with detailed analytics of finances, the ability to send money from one bank to another using mobile phones, or the ability to transfer money from one telecoms network to another.
James Kamau discusses how ESG is part of the response to COVID-19 and how many organisations, including DLA Piper Africa, is implementing ESG principles during this time.
In many African countries, mining is the backbone of their economies. Often, however, little consideration is given to environmental, social and governance (ESG) implications when a mining resource has been depleted or becomes uneconomical to mine. An appropriate legal framework that deals with mining rehabilitation is vital as part of sustainable mining.