| Minchin Kelly | 0 Comments | Banking Law, Commercial Law, Family Law, Financial Law, Legal Advice, Legal Updates

Stanbic Bank Botswana Legal Awareness Day

Minchin and Kelly (Botswana) participated in Stanbic Bank Botswana’s legal awareness day held on 1 September 2023. The team was led by Mr. Terence Dambe, the managing partner of Minchin and Kelly (Botswana), and he was accompanied by Gape Khuwa, Victor Chilembwe and Razeena Moorad. Amongst other things, the team presented and offered legal advice on property law to Stanbic Bank Botswana’s staff and the general public.

Stanbic Bank Botswana’s legal awareness was a wonderful opportunity for Minchin and Kelly (Botswana) to collaborate with its stakeholders and the community at large.

| Minchin Kelly | 0 Comments | Banking Law, Financial Law, Legal Advice, Legal Issues

Announcement of new M&K partners

The Partners of Minchin & Kelly (Botswana) are pleased to announce the appointment of Tatenda Dumba and Nyaradzo Mupfuti as partners of the firm, effective from the 1st May 2019.

Tatenda was previously a Senior Associate in the Corporate & Commercial Division. She has over nine years’ experience as a corporate commercial attorney. She specialises in debt and equity finance, capital markets, project and syndicated loan transactions, mergers and acquisitions, hedging transactions, mining and general corporate commercial transactions.

Tatenda holds a Bachelor of Laws degree (LLB) from Rhodes University and a Master of Laws degree (LLM) from the University of Cape Town.

 

Nyaradzo was previously a Senior Associate and Manager in the Financial Recoveries Division, where she focuses primarily on debt collection for banks, insurance companies and other clients. She is a certified  trainer in the Trial Advocacy Course administered by the Law Society of Botswana, and facilitated in conjunction with the National Institute of Trial Advocacy (USA) and Justice Advocacy Africa.

Nyaradzo holds a Bachelor of Laws degree (LLB) from the University of Zimbabwe.

 

We congratulate Tatenda and Nyaradzo on their respective appointments and wish them all the best in their new roles.

For further information please contact partners@minchinkelly.bw

| Minchin Kelly | 0 Comments | Banking Law, Property Law

The conundrum of holding mortgage bonds as security for multiple lenders

Financing of large scale projects or infrastructure requires substantial funding to the extent that a bank or a financial institution is often not prepared or does not have the capacity to fund the project or infrastructure solely. To deal with this, lenders often form a consortium to finance the project or infrastructure collectively. Read more “The conundrum of holding mortgage bonds as security for multiple lenders”

| Minchin Kelly | 0 Comments | Banking Law, Bankruptcy Law, Financial Law

AOD – An unequivocal admission of liability

An Acknowledgment of Debt according to Blacks Law Dictionary, 8th Edition is a written document stating the recognition by a debtor of the existence of a debt commonly referred to as an “AOD”.

The said acknowledgment is an “agreement” which embodies an arrangement or understanding between or among two or more parties which purports to establish a legally binding relationship in law.

Read more “AOD – An unequivocal admission of liability”

| Minchin Kelly | 0 Comments | Banking Law

Proposed amendments to banking financial service laws in Botswana

Banking financial service laws in Botswana are proposed to be amended to comply with the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG) mutual evaluation to Botswana. The banking financial service laws proposed to be amended are the Banking Act, the Proceeds and Instruments of Crime Act and the Financial Intelligence Act.

Read more “Proposed amendments to banking financial service laws in Botswana”

| Minchin Kelly | 0 Comments | Banking Law

Is the “Increasing Cost” clause in your Loan / Facility Agreement in accordance with the Bank of Botswana position?

Recently the Bank of Botswana (“BOB”) affirmed a position in respect of the basis upon which financial institutions licensed to provide advances, loans and credits can increase cost in terms of a concluded and operative agreement. It is usual for financial institutions to have the right to increase their costs, increasing their interest rates during the subsistence of a loan/facility agreement. However the issue is; on what basis are the financial institutions increasing the interest rate? Is it based on a monetary policy decision or is it based on markets and/or credit disruptions?

Read more “Is the “Increasing Cost” clause in your Loan / Facility Agreement in accordance with the Bank of Botswana position?”