Commercial & Conveyancing Advocate at MAL Consultancy

Business Transactions

• Provide legal counsel on the formation, structuring, and operation of businesses, including sole proprietorships, partnerships, and corporations
• Assist in drafting and reviewing contracts, including business agreements, partnerships, mergers, acquisitions, and joint ventures.
• Advise on intellectual property issues, such as patents, trademarks, copyrights, and licensing agreements
• Offer guidance on regulatory compliance, tax laws, and other business-related legal matters.

Commercial Dispute Resolution

• Represent clients in disputes arising from commercial transactions, including breach of contract, shareholder disputes, fraud, or unfair trade practices
• Advise on the best dispute resolution method, including negotiation, mediation, arbitration, or litigation
• Draft legal pleadings, motions, and represent clients in court or arbitration proceedings as necessary.

Mergers and Acquisitions (M&A)

• Advise on the legal aspects of buying or selling businesses, including conducting due diligence, drafting agreements, and structuring transactions while ensuring that the deal complies with relevant laws, regulations, and competition laws
• Negotiate and prepare all documents related to the transaction, such as share purchase agreements, asset transfer agreements, and employee transfer agreements.

Corporate Governance

• Advise clients on corporate governance issues, including the rights and responsibilities of directors, shareholders, and other stakeholders
• Draft or review corporate bylaws, shareholder agreements, and other internal governance documents
• Ensure compliance with company laws, securities regulations, and industry-specific regulations.

Regulatory and Compliance Matters

• Assist clients with navigating complex industry regulations, including competition law, antitrust, environmental law, and labor law
• Help clients manage legal compliance risks related to financial reporting, health and safety, consumer protection, and more.

Conveyancing

Property Transactions and Contract Negotiation

• Advise clients on the legal aspects of buying, selling, or leasing property, including residential, commercial, and industrial properties
• Negotiate terms of sale or lease agreements, ensuring the contract protects the client’s interests
• Draft and review property-related contracts, including sale and purchase agreements, leases, and tenancy agreements.

Due Diligence and Title Checks

• Conduct thorough investigations of property titles to ensure that the seller has the right to sell the property, checking for encumbrances, mortgages, or claims
• Review and verify land registration documents, zoning, and planning regulations to ensure the property complies with all legal requirements
• Conduct land searches and investigations to uncover any legal issues that might affect the transaction.

Drafting Deeds and Transfer Documents

• Prepare the necessary legal documents to transfer ownership of the property, such as deeds of transfer and other relevant legal instruments while ensuring that the documents are correctly executed and comply with local laws, regulations, and standards for property transactions.

Coordinating with Other Professionals

• Liaise with other professionals involved in property transactions, such as surveyors, real estate agents, mortgage brokers, and local government offices
• Collaborate with the buyer’s legal team, government authorities (e.g., land registry offices), and financial institutions to ensure the smooth transfer of property ownership.

Financial Transactions and Settlements

• Ensure the smooth transfer of funds between buyers, sellers, and financial institutions (e.g., banks) to settle the purchase price, taxes, and fees
• Verify that any outstanding loans, mortgages, or taxes on the property are cleared before the transaction is completed
• Oversee the release of the purchase price and ensure the seller receives the agreed-upon amount.

Property Registration

• Ensure that all property documents are registered with the appropriate land registry or local government authority to finalize the transfer of ownership
• Secure title deeds for the buyer and ensure the updated ownership is reflected in official records.

Post-Transaction Services

• Assist clients with post-sale matters, including ensuring that the property’s ownership is recorded with provided copies of the registered documents
• Address any disputes or issues that arise after the transaction, such as boundary issues, undisclosed encumbrances, or defects in the property.

EDUCATON SKILLS & COMPETENCIES REQUIRED

• An Undergraduate Degree in Law (LLB) from a recognized institution of learning
• A Diploma in Law from the Kenya School of Law(KSL)
• A Registered and Practicing Attorney of Law
• Member of the Law Society of Kenya (LSK)
• At least three (3) - five (5) years of proven experience as a practicing Commercial & Conveyancing Advocate in a highly commercial environment
• In-depth knowledge of property laws and business law
• Strong negotiation and drafting skills
• Experience in dispute resolution
• Ability to guide clients through complex legal procedures
• Ability to interpret and represent laws and opinions optimally
• Results-oriented, self-motivated, self-starter, who is flexible and adaptable to rapid change and has the ability to work in a fast-paced, high demand environment
• Strong consultative and influencing skills with the ability to build strong working relationships across all levels
• Self-starter with excellent organizational skills, with emphasis on priorities and objective achievement
• Very good interpersonal, litigation communication and presentation skills with a good focus on organization, and enhanced multitasking abilities
• Strong proficiency in MS office applications - Microsoft Word, Excel, PowerPoint
• Ability to communicate information, whether technical or non-technical to a varied audience in a clear and concise manner
• Full knowledge and awareness of the legal sphere with the ability to bring together stakeholders.