+264 61 382 800 info@koep.com.na

Corporate & Commercial

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Banking & Finance

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Energy, Oil & Gas

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Mining & Environment

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Mergers & Acquisitions

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Media, IT & Comms.

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Privacy & Protection

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FIELD OF PRACTICE & OUR EXPERTISE

Corporate & Commercial Work

Koep has one of the most established commercial departments in Namibia.

Our practice areas consist of general corporate and commercial work, ranging from the negotiation and drafting of simple and complex contracts, conducting due diligence work, and advising on tax liability. We have a variety of specialist corporate and commercial practice areas, including Oil & Gas, Energy, Infrastructure, Banking & Finance, Mining & Environment, Mergers & Acquisitions, Media, IT & Communication, Privacy and Data Protection.

Our value proposition serves to blend our legal expertise with the achievement of our clients’ business objectives, by leveraging our understanding of the local market, thereby minimising commercial and regulatory risk.

Our clients include domestic and foreign corporates, multinationals, financial institutions and parastatals across all sectors of the Namibian economy.

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Banking & Finance

Since inception, Koep has represented borrowers and lenders in the largest project finance transactions in Namibia to date.

We are legal advisors to all five major South African banks and their respective subsidiaries in Namibia, international banks, and financial institutions in major financial transactions in Namibia.

Our vast expertise covers general banking business, commercial property finance, derivatives, debt capital markets, bilateral and syndicated facilities, structured finance products, project finance and development, restructuring, and the establishment and administration of special purpose security companies (SPVs) in project financing and the restructuring of existing financing. We have advised on the applications for new banking licences in Namibia and have assisted our foreign clients with implementation.

We have performed legal due diligence investigations and have provided regulatory advice on the potential acquisition of a Namibian bank. In so doing, we have advised on all domestic banking and financial laws and regulations, have reviewed proposed banking and financial products and policies, and have drafted amendments to ensure compliance with domestic legal and business practices.

We have represented development banks in South Africa and Germany as well as the International Monetary Fund in financial transactions in Namibia. We have advised major European, Australian, American, UAE and Singaporean financial institutions – including Goldman Sachs, Santander, Wells Fargo, Bank of America, Merrill Lynch, Bank of Abu Dhabi and Standard Chartered Bank – on securities law, financial products, derivatives, and financial and banking regulatory requirements in Namibia.

In addition, we have provided advice to local and international lenders and borrowers in almost all the biggest financial transactions in Namibia, covering local and cross-border financing in various sectors, including acquisitions in mining transactions, financing of renewable energy projects, and project finance. Through collaborative alliances under our Lex Africa and Lex Mundi networks and having worked with major international law firms on a vast array of instructions, we are able to provide our clients access to global expertise and international best practice at highly competitive rates to manage cost sensitivity.

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Energy, Oil & Gas

Koep is a lead advisor in Namibia’s petroleum and natural gas exploration and production industry, with in-depth knowledge and over 15 years of experience in assisting supermajors, the National Oil Company (NOC) and multinational oil and gas corporations in the full value chain, comprising upstream and downstream oil and gas regulation.

Our comprehensive array of services includes the drafting of petroleum agreements, farm-in and farm-out agreements, participation agreements, assignment agreements, joint operating agreements and related agreements. We have represented our clients in negotiations with the Government of the Republic of Namibia and the NOC.

In addition to our experience in mergers and acquisitions in the oil and gas industry, we have assisted our clients to navigate the full regulatory spectrum which impacts off-shore drilling, storage terminals, pipelines, crew changes, immigration issues involving expatriate employees, and ancillary services to the oil and gas exploration industry.

At present, we advise supermajors and multinational oil and gas corporations with a presence in Namibia on all regulatory aspects relating to their operations in the country. Through our established long-term relationships with relevant government departments and business stakeholders, we offer unrivalled insights into local legislative and commercial aspects in oil and gas exploration and production in Namibia.

We regularly publish content on oil and gas regulations in international publications, such as Chambers.

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Mining & Environment

Koep represents some of the biggest mining houses in Namibia and, on occasion, advises the Namibian Chamber of Mines.

We have been involved in some of the largest takeover bids to acquire minority or majority stakeholdings in entities that mine in Namibia in commodities such as uranium and gold, and have rendered advice on matters relating to the drafting of commercial agreements, taxation, employment, financing, environmental compliance, general regulatory and due diligence work in the mining sector.

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Mergers & Acquisitions

Since the Competition Act came into force in 2008, the Firm has established itself as a recognised authority in the field of competition law and mergers and acquisitions.

We have lodged complaints relating to restrictive business practices on behalf of clients and have successfully defended claims lodged against clients. In addition, we provide the full scope of services in undertaking due diligence investigations in anticipation of our clients concluding mergers or acquisitions, and attend to all aspects which relate to preparing merger filings. We have assisted our clients with complex cross-jurisdictional merger filings, with transactions ranging from small private acquisitions to takeovers of companies in Namibia with head offices in South Africa, the United Kingdom, the United States of America and elsewhere.

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Media, IT & Communications

Our team has extensive experience in various aspects relating to media, Information Technology (IT) and communications.

We have advised clients on various aspects of information and communication technology, including licensing requirements, agreements relating to information and communication technology, taxation issues, control over content, control over video games, intellectual property issues and litigation aspects.

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Privacy & Data Protection

Our team has extensive experience in various aspects of privacy and data collection and protection. We have been involved in major transactional work and have acted for major international corporate entities in matters involving the capturing, collection and distribution of data and images within Namibia.

In addition, we have handled several instructions concerning the legalities of information gathering in the workplace and disclosure of transactional data in the banking sector.