Different laws regulate the life of commercial enterprises, charities and individuals alike. Thus, the task to assist our clients navigate the murky waters of regulation becomes a crucial one to the success of their businesses. We realise that the impact of regulatory/compliance slips can be devastating for organisations. We are also mindful of the increasing diversity of business sectors with each facing differing regulatory challenges or needs. Therefore, our approach to regulation is bespoke and never a one-size-fits-all approach.
At NICCOM, our Regulatory and Compliance department keeps an updated checklist of applicable laws and regulations that affect different aspects of the business sectors, as well as keep a tab as they get reviewed/revised. We collaborate with the various regulatory agencies to ensure that our contextual regulatory templates/approaches satisfy their specific thresholds. We also follow the political-economic trend in different jurisdictions in order to foresee what changes may take place in the regulatory environment. The fundamental aim of our approach is to help our clients navigate and avoid any eventual consequences of non-compliance, but in the unfortunate instance that this becomes unattained, our dispute resolution department are well equipped to prevail and deliver the best outcome for the client.
We currently serve as company secretaries on the boards of several companies (some of which are blue chip entities). We also ensure that the company is able to navigate through the applicable laws and regulations in their industry.
The Energy industry, including power, is ever changing and dynamic. We possess local and global industry knowledge of the energy and power sector(s) being that one of ours has full academic and background knowledge in this sector (with a Bachelor of Engineering degree in Electric and Power). This offers a rare depth of perspective in studying and understanding trends in different markets/jurisdictions and keep a close eye on innovations that may impact, disrupt or radically alter the direction of the industry sector. We advise on different areas of the sector including power generation and distribution; oil and gas; renewable energy, green energy, as well as the rising effect/impact of International Human Rights Law on this sector among others.
Our works in this area include structuring and conducting due diligence on different Power Purchase transactions, Gas Offtake Agreements, and related transactions. We also advise on the relevant regulatory and financing requirements in this sector as well as the dispute resolution aspect of the industry sector (Litigation, Negotiations, Arbitration, Mediations and other forms of ADR mechanisms).
We represent operators of upstream assets and have negotiated different well maintenance and development agreements. We have also advised upstream companies from a governance perspective to ensure effective corporate governance that meets the needs of the business. We have resolved several energy related disputes and have acted in varying capacities on transactions which are ancillary to, or necessary for energy transactions.
We have a most creative and innovative commercial team of lawyers. We recognise that there is no ‘one-size-fits-all’ approach of doing business, provided that it is within the confines of the law. Hence, we offer bespoke, practical and innovative solutions that will position our clients as leaders of their industries.
Our corporate commercial team advises not just on the legal aspects of businesses but also on business issues such as organisational culture, corporate strategy/governance, strategic human resource management, corporate finance, employment/labour issues among other issues which have legal implications and impact the business. This ensures that we align our legal advice to the specific business needs of your company.
We work with start-ups, medium sized enterprises and large corporations. We are able to advise and prepare documentations for mergers, acquisitions, private equity investments, financing, tax, capital market transactions, corporate governance, etcetera. We also provide boardroom support through company secretarial services.
Our tax experts advise on different aspects of taxation for individuals/organisations and governments. With concerted effort at diversifying the Nigerian economy, improving trade and growing businesses, various tax related incentives have been created for businesses to explore. We assist our clients in these and other areas to maximise the advantages in line with our full-service, all- embracing approach to legal service delivery.
Our overarching goal in tax advisory is to create cost effective tax systems for clients. Thus, we assist in setting up efficient tax structures for our individual and corporate clients.
Our dispute resolution department are on hand to assist and deliver effective outcome in contentious tax related disputes.
We advise on aviation contracts such as aircraft leases and acquisitions, air accidents, licensing and regulation of airlines, passenger rights and airline liability for losses and breaches during air travels.
We also advise on carriage of goods by sea, arrest and release of vessels, purchase and lease of vessels, cabotage and restrictions applicable thereto, as well as marine commerce. We advise a broad range of clients including ship owners, charterers, insurers, P&I Clubs, among others.
We also advise on railway concessions, purchase and lease of rolling stock, other railway related services and the increasingly viable road transport business sector.
We advise on a broad range of issues in the telecommunications industry. We assist with licenses, renewals, sale/purchase of content, registrations, interconnectivity agreements, co-location agreements, master leases, to mention a few.
We also advise on IT start-ups, as well as guide clients on modalities for technology transfers. We have represented and continue to represent some of the most cutting-edge technology companies in West and East Africa.
Our Dispute Resolution Team has delivered consistent excellence which has led to a high success rate for clients. Our guiding approach to dispute resolution is always to find the best of the various mechanisms that offers the most effective result to our client. This is why we OFTEN commence with the non-confrontational and non-litigious approaches to resolving disputes. We study the background and contextual issues to every dispute and in collaboration with/guidance of the client, adopt the mechanism that will best deliver the desired outcome within a reasonable time.
To this end, we have a dispute resolution team skilled in alternative dispute resolution mechanisms including arbitration, mediation/negotiation, conciliation and early neutral evaluation.
We are also endowed with robust advocacy skills for contentious/litigious cases. We strive to achieve the result that is most effective for the attainment of our clients’ business or personal objectives. This usually requires that we remain alert to react appropriately to developments in the litigation just as we remain flexible to seize opportunities as they develop in the course of litigations. We also simulate different outcomes for each case and debate fiercely among the team to arrive at the best strategy.
As our clients remain the centrepiece of our practice, what serves their interest best within the ambits of the law is always our guiding principle. For this reason, we put the core business/personal interests of our Clients at the heart of our dispute resolution strategy. This is to ensure that whatever steps we take will confer long term benefit to the business and/or personal interests of our clients.
We advise on a broad range of employment/ labour and related issues. We also have remarkable expertise/skills labour or employment related negotiations. Our knowledge of human resource management helps us to advise our clients in ways that ensure a smooth relationship within their workforce. We assist with cross border employment and ensure that the process is seamless and does not increase lead times in your company’s productivity.
The world is driven by innovations and the value of intellectual property (IP) is rising by the day with inventors seeking more than ever to protect their inventions.
We advise on all aspects of IP ranging from protection, registration and maintenance, enforcement, licensing and exploitation of IP issues/rights (patents, trademarks, copyrights etc).
For litigious/contentious IP related matters, our dispute resolution leverages on the depth of knowledge and understanding of our IP team to deliver the most effective outcome possible on any IP related dispute or matter.
We place high premium on our E&S department.
We advise on the negotiation of agency contracts, recording contracts, profit sharing agreements, royalties, the creation and registration of image rights, sponsorship contracts, endorsement contracts, impacts and enforceability of restraint of trade clauses in sport and entertainment contracts etc.
NICCOM delivers best-in-class services to banks, private equities, corporate lenders, pension schemes, unit trusts, corporate borrowers, insurance companies as well as other players in this sector. The relationship as well the credibility we build from these instructions are applied in obtaining the best finance related solutions for our Clients.
We advise on different categories of finance including real estate finance, venture capital, bridge financing, project finance, hedge funds, futures trading, asset finance, Islamic finance, corporate finance, mortgage-backed securities, capital markets, among others.
We work to help our clients establish and preserve enduring relationships with key players in the financial services sector owing to the sector’s importance. This is why we take special care in dealing with disputes arising in this sector and would almost always work to ensure the amicable and non-contentious settlement of disputes. However, when contention becomes necessary, we are well equipped to deliver best possible outcomes for our clients.
Working closely with our finance team is our Insurance team who advise on different aspects of insurance claims especially given the role of insurance in hedging against the loss of investments.
We undertake a wide range of real estate transactions. We advise on areas such as purchase and sale of real property, perfection of titles, mortgages, long leases, joint ventures, sale and lease back arrangements, property development agreements, dredging agreements, real estate tax, outsourcing agreements, construction agreements, law of succession for real property, registration of trusts, among others.
We deliver bespoke service in all property transactions as we are aware that each one comes with a different detail no matter how insignificant.
Ethical behavior is a topical issue for business in recent times, and rightly so. Businesses are increasingly under pressure to operate with integrity and in compliance with relevant local and international legal frameworks.
One of such frameworks is anti-bribery and corruption, or ABAC. The US Foreign Corrupt Practices Act and the UK Bribery Act are two of the most enforced ABAC laws internationally. One reason for this is that businesses with operations in the US or the UK may be sanctioned for actions in any of their personnel, affiliates or subsidiaries in any part of the globe, which actions are in non-compliance with those laws. Anti-money laundering (AML) is another major area of focus for businesses, especially given the prevalence of use of laundered funds for the financing of terrorism. In addition, focus on data privacy breaches led to the development of the EU General Data Protection Regulations, and locally, the Nigeria Data Protection Regulations 2019 – which in turn has fueled discussions around data privacy compliance in recent times. Finally, labour practices, especially as it relates to child labour and unfair employment practices round up the current compliance topics.
NICCOM assists Clients in assessing their internal compliance environment, and thereafter advise on the legal risks posed by instances of non-compliance as may be identified. We are able to advise on proportionate procedures you can adopt to better manage identified risks, including developing necessary policy documentation and staff training. These actions will not only protect your business from those risks but will present you as a company that has ‘adequate procedures’ to manage your legal and compliance risks. Furthermore, our personnel are adept in compliance issues and strategies such that we ensure qualitative representation in meetings with regulators in relation to compliance-related issues.
In addition, NICCOM can assist you in investigating actual or perceived instances of non-compliance with your policies. Such non-compliance may include incidences of fraud, misconduct on the part of staff, or collusion between staff and/or your vendors and business associates. In deserving instances, we can engage forensic accountants to conduct deep-dive audits, while managing any legal and compliance risks that may crystallize at any point and insulating your businesses from such risks.
In the past, businesses were liable for the actions of their personnel and agents. However, recent local and international legislations have extended the scope of liability, such that a business can also be held liable for the actions of its business partners, associates, vendors/ suppliers and other relevant persons (collectively, “business associates”), in deserving circumstances. In addition, many business associates have presented a false or misleading picture of their strengths and competencies at the negotiation stage, which falsity may only be realized after parties may have entered legal relations.
As a result, it is imperative for businesses to ascertain the compliance history and antecedents of their business associates, before entering business relationships with such partners – Due Diligence. This should cover every aspect of the business associates’ operations, including existing legal obligations, financial strength, tax liabilities, shareholding, prior regulatory sanctions, composition of the Board and management, prior issues bordering on fraud and misconduct, legal cases, and so on.
NICCOM is very proficient in carrying out a detailed legal due diligence and investigations to ascertain the legal and/or incorporation status of your proposed business associates, their current or futuristic contractual and legal liabilities, pending and impending disputes and the effects on their business operations, and other aspects of the company’s operations that may have material legal implications for its business.
NICCOM can also undertake an integrity due diligence on such business associates, to discover the antecedents of such business associates and that of their key personnel, as it relates to regulatory compliance. We will undertake background checks to verify information provided by the business associates and their personnel, as well as report adverse information uncovered which may have been hitherto undisclosed. Finally, we advise on strategies for dealing with, and the risk of commencing or continuing relationships with such business associates, based on information provided/gathered.