The firm has acted in a number of Mergers & Acquisition transactions not only as lead advisors but also as part of a team. The commercial practice provides comprehensive legal advise to shareholders in setting up of Management shares & drafting of shareholders agreements.
Every large Kenyan and cross-border commercial transaction, merger or acquisition transaction require to comply with competition and anti-trust regulations. Applicable regulations being The Competition Act of Kenya & The Common Market for Eastern and Southern Africa (COMESA), we have in major transactions where regulations are applicable, guided clients in making applications, advising on regulatory compliance and where relevant obtain advisory opinions for the authority.
Notable Transactions
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Advising Kenya Ports Authority, as principal transaction advisors on a complex joint venture transaction relating to operations within the port of Mombasa. The transaction value in excess of US$ 650million.
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Advising Kenya Ports Authority on the restructuring of Kenya National Shipping Line Limited, a State Corporation.
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Acted for the shareholders of Reliable Freight Services on sale of shares & advised on regulation compliance issues
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Acted for Rogers Group, Mauritius on an acquisition of logistic business in Kenya - transaction value US$ 5 Million.
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Acted for the shareholders of General Cargo Services Limited on sale of shares and business to a non-Kenyan company. Provided the shareholders with transaction advisory services, compliance and regulatory guidance. The transaction value in excess of $US 7 million.
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Advising Petrocity Limited to establish the first oil terminal in Kenya at Konza city.
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Principal legal advisors to setting up a private game sanctuary in the north of Maasai Mara, having acted for Multi-Act Conservation on an inward investment into the hospitality industry and conservancy.
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Principal legal advisors on the re-structuring of the business and shareholding of Kenfreight East Africa Limited in Uganda, Tanzania, Rwanda and South Sudan.
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Acted for M-Oriental Bank on share sales allotment of the bank to a foreign entity. Transaction value over US$15million.
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Advising Vipingo Ridge Limited on an inward investment for an excess of US$6million. The investment required Kenyan approvals.
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Advising Sunsail Trading Company Limited on an investment in the company for an excess of US$6million.
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Advising on the application of Competition Law of Kenya on a Share sale in Reliable Freight.
A.B. Patel & Patel advises a number private equity funds on inward investment into Kenya. Every fund has its investment criteria and at A.B. Patel & Patel, we are able to innovate and provide solutions that suit every investment criteria.
Generally, the funds require due diligence to be undertaken and obtain regulatory approvals. Such and all ancillary support is provided by the firm.
Notable Transactions
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Advising Global Partnership Inc. a USA based Private Equity Fund on a number of investment projects relating to participation by the Fund in Kenyan entities. The transaction values ranging from US$3million to US$10million.
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Advising and preparing commercial and loan documents for Ceniarth LLC, a UK based Private Equity Fund on investments into Kenyan entities. The transaction values ranging from US$1million to US$3million.
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Advising responsAbility Energy Access Fund S.A, Micro, Small & Medium Enterprises Bonds S.A and Symbiotics SICAV (Lux.) being international Private Equity Funds, on (from Kenyan Law prospective) syndicated loan agreements and security documents on a loan facility involving securitisation by a Kenyan company for a borrowing by an affiliate of the Kenyan entity based in USA. The documentation was negotiated across several countries, USA, Hong Kong, India and Kenya. The transaction value in excess of US$85Million.
