in order for the Firm to be able to provide a detailed Due Diligence report that meets scrutiny. Although how much risk can actually be foreseen at the end of the exercise is sometimes an elusive task, our experience in crafting the appropriate screening tools and the depth of our expertise has been key in overcoming challenges that usually accompany any Due Diligence exercise. What are some of the unique legal challenges you’ve encountered when advising on crossborder transactions, particularly in emerging markets like West Africa? Cross-border transactions usually come with their own unique challenges. Advising on cross border transactions in West Africa in particular usually comes with a peculiar class and or category of challenges it appears stemming from doing business in an environment that has a multiplicity of challenges. Navigating these challenges and providing answers to the myriads of questions that will inevitably arise is at the core of what we do. So, for example, in a transaction which involves due diligence on land and the interest therein, Sierra Leone does not have a titled registry as it exists in the UK and elsewhere. Therefore, proving and or establishing title requires the deploying of a matrix other than just conducting a search at the registry of the Registrar-General where the instrument would have been registered. In addition, records at the Registry may not be fully computerised and or automated. Undertaking a search at a particular registry can be a herculean task. In registries where the records are fully computerised and searches are automated, overcoming the hurdle of undertaking a search and obtaining the necessary results would perhaps be just the first of a number of legal issues that may need to be addressed especially in cases for example where the client not only requires a full understanding of the various scenarios that are likely to occur in a default situation, but also requires security and other agreements to be drafted in a way that affords the client maximum protection. Overcoming all these challenges and providing solutions that are relevant to the needs of the client is what sets the Firm apart. Can you share insights into how local law firms like yours collaborate with international legal teams on complex transactions? The firm of MBC has an established track record in collaborating with international law firms and a network of partner firms in the African continent. This collaboration has been tried and tested through some twenty (20) years of existence and providing solutions that matter. Relationships that have been established over the years, of course, do play a part in the uptake of referrals that the firm continues to enjoy. is therefore key to providing the client with a current and or real-time overview that is independent and objective in order that its decision is well advised and based on facts. Due diligence exercises are in this regard therefore structured to meet and or respond to a particular need or target and because there are invariably variables sometimes masked by the unavailability of information in some cases and in other cases well thought-out plan to mislead and or misinform, knowing your way around is a special skill set that helps in the deciphering process. Whereas some due diligence exercises would be high level and limited in scope, others have been far reaching, requiring issues to be colour flagged. Issues like non- compliance, regulatory, liabilities, litigations are quite standard ordinarily, but the peculiarity of cross border transactions had illuminated the enormity of the task at hand. In practice and depending on the remit of the client, a Due Diligence Checklist is designed and put together. This in turn allows the Due Diligence team to take a step-by-step approach as to the information that is required as opposed to what is available 82 LAWYER MONTHLY DECEMBER 2024 Our advice addressed a broad spectrum of issues including mitigation of risk, financing, default of payment obligations, repatriation of assets, and transaction management, showcasing the repertoire and depth of our expertise.
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