REX provides a full range of services in intellectual property rights mainly relating to patents and trademarks. REX works closely with its corporate clients with a view to maximizing clients’ IP assets and fight unwelcomed IP claims from or passing off by third parties. We have represented clients in the telecommunication, manufacturing, services and financial sectors in various forms of IP claims.
The REX criminal defence and forensic team represents clients in white collar criminal cases, regulatory enforcement matters, internal investigations, trials and appeals. REX focuses on public companies and privately owned businesses of all sizes, as well as their directors and officers, licensed professionals, and other individuals.
REX helps companies and their boards undertake internal investigations of fraud, corruption, embezzlement and other business crimes, and advises on compliance policies, assisting with due diligence in corporate transactions and in the end, help clients better manage or mitigate business risks arising from deliberate or accidental actions of their employees at all levels.
REX has accumulated experience in matters relating to mergers and acquisitions including the undertaking of due diligence on target companies subject of the acquisition and issuing due diligence reports, advising on the competition compliance requirements, advising on corporate restructuring arising from mergers and acquisitions, handling employees’ retrenchment and/or reallocation, advising on the statutory requirements of asset transfers and registration as well as creditor protection, along with advice on tax implications and where applicable, capital markets and securities.
In addition, REX assists merging entities in reviewing, commenting, negotiating and finalising all relevant documentation for the merger based on the prevailing legal and regulatory regime for mergers and acquisitions and related transactions as well as all other transactional documents to complete and perfect a merger or acquisition or a sale of assets. We also have expertise in drafting all relevant transactional documents necessary for a merger or sale as well as those documents required by law for purposes of submissions for consents or approvals or registration and providing general legal advice and opinion as may be required by a client or regulatory agencies and assisting in the submission, or filing or registration of the transactional documents as the case may be.
REX has for many years advised clients in relation to property transactions which have become increasingly complex and advanced as a result of changes in legislation relating to ownership of property by foreigners or foreign owned companies. REX provides advice in all aspects of property law, commercial, industrial, residential and retail projects including advice relating to property development vehicles, strategies and implementation, lease agreements, sectional title developments, share block developments and fractional ownership, project-related advice, including leisure, hotels, construction, infrastructure, energy and mining projects and concessions, property rights, real estate funds, investment and facilities available to investors; general property law relating to compliance with prevailing legal and regulatory regime regarding land issues, consumer protection, and use and rights applications, registration of mortgage bonds, restitution of land rights, transactional (immovable and movable property) and advice on structuring of specialist transactions such as natural resources project developments, way-leaves, and due diligence investigations concerning landed property and handling all procedures for registration of transfer of landed property in Tanzania.
The dedicated Rex team in technology, media and telecommunication possess the necessary skill, experience and background in dealing with the legal and regulatory requirements in this field including providing innovating solutions especially in this industry’s fast changing and unpredictable legal environment. We assist clients to navigate through the complexities arising in the course of their business in this space, and we are regarded by most of our clientele as the “preferred firm to deal with” considering our significant breadth and depth of experience and specialist expertise that spans all corporate commercial areas of law.
REX provides advice on service level agreements and the development of terms and conditions in relation to technology related contracts and transactions; data protection and privacy laws in various sectors, including the use, transfer and commercialisation of data; telecommunications corporate, commercial and regulatory advice, including Tanzania Communications Regulatory Authority (TCRA) related matters; M&A, reorganisations and joint ventures in the technology, media and telecommunication sectors; contracts relating to data, and mobile and fixed line telephony; telecommunications regulations and policy on matters such as operational compliance, licensing, VoIP services, anti-competitive practices, consumer protection, and privacy; regulatory and licensing advisory work on behalf of operators and service providers, including licence applications, amendments and transfers; commercial transactions, consumer agreements and arrangements on behalf of service providers, equipment manufacturers, apparatus providers, financial institutions and other entities.
Our banking and finance team advises the full range of market participants on banking, finance, financial services, merger and acquisitions. The dedicated team’s scale, depth and breadth enables us to offer clients innovative solutions in relation to the most complex and demanding matters in finance. We assist clients with due diligence review of potential borrowers/financiers, drafting of security documents and attending to their filings with regulatory registries. We advise on debt restructuring, debt recovery and the best recovery methods that guarantees less risk and ease of dealing with regulatory agencies in the recovery process, including all the legal registries, i.e. the Companies registry, known by its acronym, BRELA, the Registry of Land and the Registry for Mineral Rights, as well as other relevant Government agencies, including the Tanzania Revenue Authority (TRA) and the Bank of Tanzania (BOT).
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.
In addition, REX 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 advise on the status of commercial contracts, pending commercial litigation, contract negotiations and implementation.
REX enjoys extensive and unrivaled experience and understanding of the legal and regulatory regime for the natural wealth resources sector (mining, oil & gas), including energy and has acted for all major mining and petroleum companies as well as the Government, over the years. The Firm was involved in the review of the policy, legal and regulatory regime for the mineral sector leading to the enactment of the relevant mining legislation that ushered major investments into the mining sector in Tanzania between the years 2002 to 2010. REX acted for clients involved in mineral exploration and mine development/financing, undertaking legal due diligence on mining, energy and oil and gas properties, corporate mergers and acquisitions as well as liquidations for clients in the natural resources sector.
REX has served clients in energy production and distribution and acted for the first ever gas to electricity company in Tanzania. REX was engaged to attend to the formation of the company, advised on the transaction documents, including the Power Purchase Agreement and the Implementation Agreement, guided the company in the pipeline land acquisition, compensation process and attended all negotiations with Government concerning the project implementation and operations in conjunction with the client. REX continues to represent clients in the natural resources wealth and energy sectors and is involved in the entire value chain in the sector, acting for licence-holders, contractors, sub-contractors and other service providers.
REX provides corporate secretarial services for local and foreign companies. In this regard, the Firm acts as external Company Secretary on a retainer arrangement. REX 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, REX 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.
REX has a strong litigation team that works very closely with the Firm’s corporate team on our clients’ files before claims develop into disputes. REX 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 corporates 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. REX 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.