Our firm offers you a thorough understanding of the existing legal and regulatory environment for efficient delivery of litigation, advisory and consulting services. M&M Global aims at achieving mastery in service delivery through relentless efforts in developing client-tailored products.
The firm has successfully and professionally rendered services to clients in the public sector, private sector and to public private partnerships. We outline herein some of the projects that have been carried out by the firm.
Telecommunications Sector
The Practice was engaged by the Malawi Communications Regulatory Authority to review the Terms and Conditions of public cellular mobile radio telecommunications licences for all the service providers in Malawi, that is, ZAIN, TNM, and GAIN. The assignment also included the drafting of the revised Terms and Conditions for the Licences. The revised Terms and Conditions are yet to be implemented.
The Practice has advised the Malawi Communications Regulatory Authority on adhoc basis from time to time.
M&M Global was engaged to incorporate Morse Communications Limited (MCL). MCL is also registered on the London Stock Exchange. In addition, we successfully negotiated with Malawi Communications Regulatory Authority and obtained ISP and Wi-Max licences for the provision of Wi-Max and other broadband convergence services in Malawi.
The firm successfully negotiated for a fixed and mobile telecommunication licence for CELCOM Limited, a new service provider. The drafting of the licence was unique in that it is the first licence in this country to embody both fixed and mobile services.
Capital Markets/Stock Exchange
The firm rendered legal advisory services to arbitrators in a dispute involving a listed company and its transaction advisor. The scope of the services included construction of the contract between the parties, the rights and duties of a transaction advisor in raising capital through the stock exchange, professional negligence and recovery of approximately US$5.4m. Other details can be provided on request and upon written consent from our Client.
Formulation of government policy documents
The Firm formulated and drafted, together with three other consultants, the Draft National Intellectual Property Policy for Malawi. The Policy was done with instructions from the Ministry of Education, Science and Technology through the Department of Science & Technology.
International Trade and Economic Laws
Our practice was engaged by the National Working Group on Trade Policy to consult the private sector, public sector and the civil society with the aim of preparing a position paper on whether Malawi should initial/sign the interim Economic Partnership Agreement with the European Union. The position paper was successfully drafted in consultation with Nick Charalambides - a senior consultant with Imani Development of Botswana.
One of our consultants is a member of a team of legal experts from 16 Eastern and Southern Africa countries (ESA countries) who were vetting the Economic Partnership Agreements between ESA countries and the European Union. Our consultant was nominated by the National Working Group on Trade Policy.
Banking, Trade Finance, Security Documents and Facility Instruments
The firm has been actively involved in preparation and vetting of security documents including, but not limited to, letters of pledge, Facility Agreements, Legal opinions (on security instruments), mortgages, charges, caution, Guarantees, debentures, Loan Agreements, Bills of Sale and various security related documentation. The Firm has been privileged to offer such services to international institutions such as Nedbank (London).
Recently, the firm was engaged by NBS Bank Limited to review its security documentation for its Small and Medium Enterprises Department.
In April, 2011, the Firm was engaged to advise and draft all the facility and security documentation for a syndicated loan facility in the sum of US$18 million. The financial institutions involved in the syndicate were Continental Discount House Limited, First Merchant Bank Limited and Nedbank Malawi Limited.
Legal Due Diligence and Property Acquisitions
Our Practice was engaged by, and rendered a legal due diligence report to, Malawi Communications Regulatory Authority for the acquisition of real property valued in excess of US$1.4m. Our Practice has been actively involved in the realty acquisitions by Mulli Brothers Limited which is one of the country’s leading transport contractors and suppliers of agricultural produce and Farm Inputs.
Currently our Practice has been appointed to facilitate the acquisition and disposition of cotton ginneries valued in excess of US$5m. The assignment entails contract negotiations, drafting of memoranda and contracts and obtaining the relevant Government approvals and consents.
Business and Investment Advisory Services
The firm has rendered business and investment advisory services to a number of multinational companies which include the following:
- Louis Pasteur Investments (LPI): Our Firm was consulted on the provision of banking, mining and television services in Malawi.
- Matome Maponya Investments (MMI): MMI is a South African company with diverse business interests in Southern Africa. M&M Global rendered advisory services on the legal framework for various business ventures in Malawi. Subsequently, we incorporated several companies in the fields of mining, construction, leisure & hotels, housing and property development.
- Advised Comium Mobile, an international telecommunications company, on the attendant regulatory framework in Malawi.
- Rendered training to senior auditors of Deloitte (a member of Deloitte Touche Tohmatsu) on the legal framework that has commercial significance and relevance to the accounting profession and auditors in particular. The statutes in question included the Banking Act, Securities Act, Exchange Control Act, Microfinance Act, Insurance Act and Financial Services Act.
Conveyancing and Drafting
The firm has drafted charges, cautions, bills of sale, sale agreements, contracts, transfer of property instruments, share holders agreements, share transfer instruments, wills, among others. We have developed memoranda of understanding for various clients. Some of the memoranda included the Malawi Government as a signatory. Details can be provided upon request and with the written consent of the client.
The firm has successfully drafted the registration instruments for companies limited by shares, companies limited by guarantee, trusts, partnerships and non-governmental organisations.
Competition Law
The Firm was engaged as a legal advisor to the Competition and Fair Trading Commission of Malawi (CFTC). We successfully represented the CFTC in a case dealing with resale price maintenance and exclusive dealing arrangements.
The Firm has, from time to time, been engaged to vet service agreements and policies for compliance with the Competition and Fair Trading Act.
Recently, we have made representations to the Competition and Fair Trading Commission on behalf of our clients.
Legal Audits
The firm has, in conjunction with other consultants, reviewed the High Court (Commercial Division) Rules 2007, High Court (Commercial Division) (Mandatory Mediation) Rules 2007 and audit of commercial matters in the general division of the High Court of Malawi.
Employment Law
The firm has, in conjunction with other consultants, reviewed the High Court (Commercial Division) Rules 2007, High Court (Commercial Division) (Mandatory Mediation) Rules 2007 and audit of commercial matters in the general division of the High Court of Malawi.
In addition, the Firm has been engaged in litigation of diverse labour disputes before the Industrial Relations Court.
Intellectual Property
The Firm formulated and drafted, together with three other consultants, the Draft National Intellectual Property Policy for Malawi.
We have also attended to various applications and registrations for trademarks.
Insurance
We have handled insurance claims both for and against insurers. Currently, we are the lead Practice servicing Reunion Insurance Company Limited.
Other assignments
The nature of the assignments that have been carried out by the Firm shows the confidence of our clients in our service delivery. This complements our desire to be on the leading edge of delivering effective and efficient legal services. The firm has also been actively involved in litigation matters such as commercial, contractual, criminal and debt collection matters.
LIST OF CURRENT CLIENTS
The nature of the assignments that have been carried out by the Firm shows the confidence of our clients in our service delivery. This complements our desire to be on the leading edge of delivering effective and efficient legal services. The firm has also been actively involved in litigation matters such as commercial, contractual, criminal and debt collection matters.
Our esteemed list of corporate clients includes:
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- Aero Plastics Limited
- Africafi Sas Archamps (of France)
- Agrimal Malawi Limited
- Airtel Malawi Limited
- Alexander Forbes Limited
- Alexander Hotels Limited
- AMG Global Certified Public Accountants and Business Advisors
- Association of Telecommunication Operators Limted (of Malawi)
- Bestobell Malawi Limited
- Bee Hive Limited
- Celcom Limited
- CFAO Malawi Limited
- Chitakale Plantations Company Limited
- Cotton Development Association
- Cotton Ginners Board
- Competition and Fair Trading Commission
- Continental Discount House Limited
- CDH Investment Bank Limited
- Delamere Properties Limited
- Deloitte
- Department of Science & Technology
- Energya PTS (of Egypt)
- Exporters Association of Malawi
- FBN Bank (UK) Limited
- FDH Bank Limited
- Great Lakes Cotton Company Limited
- Imani Development Consultants
- Indebank Limited
- Insurance association of Malawi
- Louis Pasteur Investments
- Malawi Bureau of Standards
- Malawi Communications Regulatory Authority
- Malawi Confederation of Chambers of Commerce and Industry.
- Malawi Energy Regulatory Authority
- Malawi Investment Corporation
- Malawi Savings Bank Limited
- Malawi Telecommunications Limited
- Maldeco Fisheries Company Limited
- Matome Maponya Investments (Pty) Limited
- Morse Communications Limited
- Mulli Brothers Limited
- National Bank of Malawi
- NBS Bank Limited
- Nedbank (London)
- Nedbank Malawi Limited
- Nico General Insurance Company Limited
- Nyasa Manufacturing Co. Ltd
- Oil Marketing Companies Limited
- Orascon Continental Security Services Limited
- Pearson (Malawi) Limited {formerly, Longman (Malawi) Limited}
- Peoples Trading Centre
- Plexus Cotton Limited
- Presscane Limited
- Press Corporation Limited
- Press Properties Limited
- Prime Insurance Company Limited
- Puma Energy Malawi Limited
- Real Insurance Company Limited
- Reunion Insurance Company
- Sasfin Bank (of South Africa)
- Shire Valley Thonje Company Limited
- Siku Group of Companies
- Standard Chartered Bank
- Southern Bottlers Limited
- Sud Chemie Water and Process Engineering
- Sunrise Pharmaceuticals Limited
- Telekom Networks Malawi Limited
- The Foods Company Limited
- Torrent Plant and Vehicle Hire Limited
- Trafigura Beheer B.V.
- United General Insurance Company Limited
- US Fibres International Limited
- Zoom Car Hire