AFRICA

Focus on Africa: a land of opportunity

Africa is an immense and multi-faceted territory, offering many opportunities for those who know how to seize them. Major infrastructure projects, real estate transactions, development of arable land or the strengthening of the banking system are among the challenges of a continent whose population is to double by the year 2050.

A constantly evolving economic, political and social environment requires a personalized and intercultural approach.

To meet these challenges, our Africa team, comprised of some twenty lawyers, is working hand in hand with our partners in the Maghreb and sub-Saharan Africa countries. Our goal is to offer French and foreign clients, whether they are investors, private companies, international groups or public bodies, tailor-made assistance on the African continent.

Energy, infrastructure, telecommunications, natural resources, agriculture, retail, banking services or financing are all sectors in which our teams work closely together to offer our clients assistance with their investments and expansion plans in Africa.

Their mission is to provide all foreign operators personalized assistance with their investments in Africa.

PROXIMITY

Fidal is building its global strategy by drawing on an unparalleled territorial network which enables our lawyers to work closely with our clients and understand their challenges and needs. Economic players, with extensive field experience, our teams combine knowledge of local laws and practices with international experience and a mastery of international standards of project management. The similarities between OHADA law and French law promote greater proximity between French legal practitioners and their African counterparts. This proximity, in turn, facilitates negotiations with governments, public authorities and administrations. Our teams are listed with financial institutions in France and Africa (AFD, PROPARCO, EIB, AfDB, BOAD, World Bank or IFC). The firm's thorough knowledge of the local ecosystem and its search for innovative solutions make Fidal your preferred partner in Africa.

Providing more than just legal advice

Our approach to tax and legal issues is multidisciplinary, expert and pragmatic. Our teams rely on the firm's full range of expertise to provide specialized and sector-based assistance for each project. Whether it is a matter of implementing strategy, enhancing know-how and assets, introducing new marketing procedures, changing a business model or legal instrument, we ensure that we offer you the organizational and development models that will make a difference in the market.

Committed players

As a committed player on the African continent, Fidal, reflecting its values, supports sustainable development and promotes ethical behavior, with a relationship of trust with clients.

This commitment takes the form of pro bono assignments and skill-based sponsorship, particularly as part of cultural or social projects and enhancing the capacities of States.

OUR AREAS OF EXPERTISE
Structuring direct investments
Determining the most appropriate legal structure and applicable tax treatment is a key prerequisite for any investment, particularly when starting up operations in Africa or when expanding them locally or throughout Africa.
Public-private partnership - Project financing
Our public contracts - project financing group allows us to provide our clients with PPP and project financing expertise in the fields of infrastructure, energy and natural resources.
Taxation of flows – Transfer pricing
French-speaking African countries heavily tax the flow of goods and services, in particular, intragroup flows.
We can assist you to control tax costs, perform diagnostics, set up transfer pricing policies, prepare documentation that complies with local legislation, defend against tax audits conducted by the African administrations, and carry out valuations.
Large-scale projects -Investment Code
A project’s success will depend on conducting preliminary studies and negotiations to (i) benefit from the legal and tax incentives linked to investments, (ii) secure the application of investment treaties and (iii) ensure that the operations comply with foreign exchange controls.
Taxation - Customs
Mastering direct taxation, indirect taxation and customs duties is critical to anticipating tax burdens. In addition, in light of the new safety risks and requirements relating to the control of flows, a proactive customs policy for tracking and certifying procedures is critical to securing the supply chain.
Governance
We assist our clients in the area of Governance and Legal and Ethical Risk Prevention, particularly in organizing powers and liabilities, supporting senior executives, and managing criminal and “ethical” risks.
Transactions - Privatization
We assist in all types of transactions: changes in shareholder structure, transfers of shares and businesses, leveraged acquisition structures (MBO, OBO, LBO), investment monitoring.
International Mobility
International mobility management involves risks and challenges in every country in which our clients operate. Our international mobility team advises multinational groups on all the issues relating to international transfers.
International Litigation and Arbitration
Our proven experience in alternative dispute resolution and international arbitration involving foreign investors and African public entities enables us to provide assistance at every stage of their dispute.

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