AC&H is a leading legal firm offering comprehensive services in banking and finance, corporate and M&A, commercial and regulatory, data protection and privacy, employment law, international arbitration and dispute resolution, private client and family wealth, and real estate and hospitality.
Our Services
Straight talking, practical and to the point
Corporate and M&A
At AC&H, our clients benefit from an invaluable combination of global insights and local knowledge. Our understanding of the operating environment, regulatory framework and business culture has given us significant experience advising on corporate transactions across a diversified client base. Our wealth of experience gives us insights into clients’ risks, value drivers and commercial priorities in the various industry sectors in which we are active. Some of the industries we have advised include:
- Manufacturing;
- Agribusiness and Food Processing;
- Technology, Media and Telecommunications;
- Consumer Goods (FMCG);
- Healthcare and Pharmaceuticals;
- Retail; and
- Financial Services.
Our principal practice areas include private M&A, private equity and venture capital, joint ventures and strategic alliances, corporate restructuring, regulatory compliance and advising on shareholder protection and corporate management structures. We are focused on offering innovative and practical solutions to all aspects of complex local and cross-border transactions, drawing on the unmatched depth of expertise across other supporting areas, including competition, corporate governance and compliance.
Our clients include multinational corporations, private equity funds acquiring or disposing of portfolio assets, privately owned SMEs and large family-owned businesses, and public listed companies. A significant part of our corporate transactions practice involves acting for clients in cross-border transactions.
- Acting for the Skylines Group UAE, an organisation that offers technology and consultancy services, in connection with the merger of their technology based consulting business in the UAE, Pakistan, and Saudi Arabia with a United Kingdom-based company.
- Advising Standard Chartered Private Equity and the Carlyle Group in connection with their investments into an African soft commodity trading group with interests in sub-Saharan Africa, the Middle East, India and the Far East.
- Acting for Atlas Group, a large manufacturing business based in UAE, in connection with the sale and disposal of their interest in a fabrication and manufacturing business to an existing minority shareholder.
- Acting for CPAS Management DWC, the UAE affiliate of Glenbeigh Group, an Irish diversified business group, in connection with an acquisition by a UAE based real estate investment fund in relation to the sale of a property and subsequent development of a 6,500 square meter commercial development and warehouse on the property.
- Advising International Business Ventures, an investment company established in the United Arab Emirates, in connection with its joint venture with Zero Mass Water, a US-based company that makes drinking water a renewable resource through hydropanels, for the production of water generated from these hydropanels.
- Advising Novelty France, one of Europe’s leading providers of audio-visual and lighting solutions, in connection with the acquisition of a Dubai mainland company in the same industry.
- Advising Mara Tech Holdings in connection with the investment by Dhabi Group of Abu Dhabi into Mara Ison Technologies Holding, a technology ventures holding company in which Mara was one of the initial founders.
- Advising a tech-driven, affordable, and convenient transportation service in connection with conducting initial legal market analysis for their proposed expansion in Nigeria, Tanzania, Bangladesh and Rwanda, as well as for their termination and re-drafting of their retail business supply and onboarding contracts in UAE, Pakistan and Kenya.
“Their dynamic approach to business expansion without compromising on the quality of legal services is inspiring.” Legal 500
Banking and Finance
Cross-border services, client focus and digitalisation are more important than ever to regional players.
We act for multinational lenders, financial institutions and corporations at every stage of the financing transaction; from originating, negotiation and documentation to closing. Clients depend on AC&H for advice on day-to-day banking and finance issues, as well as for our leadership and guidance on complex, cross-border banking and finance transactions. We are actively involved in creating and developing sophisticated corporate lending structures and financial instruments.
We represent clients on various financial transactions, including syndicated financing transactions, bilateral loan transactions, equipment finance, fintech, aircraft finance, trade finance and debt restructurings. We also provide regulatory advice in connection with lending arrangements in the UAE, including matters such as US FATCA and UAE Central Bank Regulations. We also advise on AML and international sanctions in connection with financial transactions.
Islamic finance
Some members of our team are seasoned Islamic finance professionals and experienced in working independently, as well as alongside Shari’a structuring advisers. They have excellent relationships with key Sharia ‘a scholars and speak regularly at Islamic finance conferences and events, both in Europe and the Middle East.
- The structuring and issuance of sukuk, with particular focus on sukuk al musharakah and sukuk al ijara;
- Murabaha debt financing, (including commodity murabaha);
- Musharakah and ijara debt financing transactions;
- Shari’a compliant investment funds;
- Shari’a compliant deal structuring for underlying fund investments;
- Shari’a compliant incentive arrangements (including Shari’a compliant carried interest arrangements); and
- Dispute resolution relating to Islamic finance transactions.
- Acting as the lead counsel for a Cayman Islands Trade Finance Fund in connection with a trade finance loan to a UK company with operating company in Bahrain, including drafting of a facility agreement, corporate guarantee together with coordinating and overseeing certain security arrangements in Bahrain with Bahrain counsel.
- Acting for a bank on the advance of a loan facility to a Mauritius based mobile micro-finance company, including advising on the security structure to be implemented for securing the client’s liability under the bank guarantee being provided by the bank to service providers in the UAE, reviewing and commenting on the commercial agreements entered into between the UAE service provider and the mobile microfinance company and the loan agreements with the bank and advising on the perfection and enforcement of the UAE law security to be created as security for the proposed transaction.
- Acting for a large Kenyan bank in connection with a term loan to a mining group with operations in Democratic Republic of Congo and a trading company in the UAE, including reviewing of a facility agreement, inter-creditor agreement and security trustee agreement from a UAE law perspective together with preparing certain UAE security agreements, including moveables securities agreement, corporate guarantee, undertaking and capacity and enforceability opinion.
- Advising State Bank of Mauritius in connection with loan facilities to a Mauritian construction business and its UAE affiliate/subsidiary.
- Acting for Qbera Trade Finance Master Fund, a Cayman Island Trade Finance Fund managed by Qbera Capital, in connection with certain trade finance facilities advanced to a UAE free zone company.
“[AC&H] advises lenders and borrowers on a wide range of financial transactions, though it has particular expertise handling African and Southwest Asian cross-border transactions.” Legal 500
Our team of legal experts is dedicated to delivering pragmatic and innovative legal advice, ensuring effective risk management and optimal outcomes for our clients.
Data Protection and Privacy
The UAE’s data privacy landscape is changing at pace. Data protection considerations and concerns are affecting multinational corporations and SMEs across the world on a daily basis. With data privacy compliance requirements driving changes across multiple business functions, organisations need to adapt to this new world and work with an ‘on the ground’ legal partner who understands the inherent risks and can effectively advise on all aspects of managing data risk.
The AC&H data protection team is committed to advising clients on how to effectively manage their data protection obligations, how to adopt effective risk management strategies and how to implement practical procedures aimed at reducing risks relating to data breaches.
- Advising clients on compliance with data protection laws and regulations, including the General Data Protection Regulation (GDPR) and the UAE Personal Data Protection Law;
- Assisting clients in carrying out data privacy impact assessments which are unique to their business;
- Advising and assisting clients on introducing and testing data breach notification systems (either by way of a security breach or a cyber incident) and responding to them by notifying concerned parties in compliance with applicable data privacy laws;
- Reviewing client’s existing or drafting new data protection policies and privacy notices to ensure compliance with applicable data privacy laws;
- Undertaking an assessment: (a) of a client’s current policies and procedures; (ii) of the privacy risks faced by a client by mapping out existing data flows; (iii) whether the client meets valid consent requirements for data processing, ultimately allowing us to assist clients in preparing adequate contractual arrangements to comply with applicable data privacy laws.
- Providing data protection trainings to employees and stakeholders to ensure awareness and application of best practices with respect to data handling.
Private Client and Family Wealth
AC&H has acted for High-Net-Worth entrepreneurs and families across Middle East, Europe and East and Central Africa for over ten years. We take immense pride in witnessing the growth of the family businesses we represent, many of whom are now large international conglomerates with successful cross-border operations spanning many countries.
Our established Private Client and Family Wealth team provides a wide range of services, including wills and probate, local and offshore trusts, foundation and other sophisticated structures for the holding of family assets and wealth and private wealth tax planning.
We work with many leading international trustees and tax advisors in connection with the provision of such services. In addition, we advise on family asset and wealth preservation on an inter-generational basis, including preparing and advising on family constitutions, family shareholder agreements and, where appropriate, corporate governance best practices. When disputes arise with family members, business partners or tax regulatory and law enforcement officials, we also assist clients to achieve resolution through mediation, negotiated settlements and, when absolutely necessary, litigation.
Many of these services are provided in conjunction with our associated firm in Kenya, ALN Kenya | Anjarwalla & Khanna. We help private clients navigate the rapidly changing global environment as it relates to tax, disclosure obligations, the structuring of family wealth and the ever-growing influence of the younger generation on the operation of family businesses. We assist clients in making critical decisions that affect important personal, business, tax, civic and charitable concerns. The team fully appreciates the need for confidentiality and discretion when dealing with private matters.
- Acting for a client in the manufacturing and industrial sector in connection with his wealth and succession planning matters, including establishing new purpose trust (STAR) structures in the Cayman Islands; amending existing trust structures in Guernsey and Switzerland; drafting complex wills in Rwanda, Kenya, Uganda and the United States of America; structuring outward investment from the United Arab Emirates to Ghana; drafting shareholders agreements and convertible loan agreements; and structuring ownership of property investments in the United Arab Emirates and United Kingdom.
- Acting for a leading East businessman in connection with succession planning involving an extended family’s assets in Uganda, Kenya, Belgium, USA, UAE, the Cayman Islands and the Isle of Man, including providing tax advice in East Africa and instructing lawyers in the Isle of Man and Belgium to set up a family trust.
- Acting for a wealthy individual in the international oil and gas industry in connection with the individual’s offshore wealth and succession planning matters, including obtaining tax advice, establishing two offshore trusts for the client’s assets, and advising on changes in the client’s tax residency, including the creation of clean capital trusts.
- Acting as international advisers to a Pakistani family in connection with their estate, succession and legally planning for the entire group.
- Acting for a wealthy individual and his family that owns a multinational conglomerate, including one of the largest African money transfer network, a mobile money provider, and commercial banks in connection with the family’s wealth and succession planning matters, including obtaining advice from a Shari’a scholar on issues relating to establishing a trust, establishing an offshore trust to hold the client’s assets, and restructuring of the group into a single holding structure.