As a professional and a service provider in a professionally regulated industry, you require a legal partner that understands the unique needs and challenges of your business. Whether you are thinking about setting up your professional practice or you already have a firm and are faced with routine legal challenges, CM Advocates LLP has a solution for you.
Regulated Professions Legal Advisory Practice
What We Do for You
We understand that a professionally regulated business operates in an industry with additional regulatory requirements from relevant regulatory bodies. We therefore provide legal solutions that address peculiar industry requirements for business setup, corporate governance, employment matters, tax compliance, debt recovery, capital raising and business succession that takes into consideration the sometimes strict and stringent regulatory profession compliance requirements.
Why Choose Us
We draw from our multidisciplinary team of real estate, family law, probate and succession, corporate law, private wealth, commercial law and tax law experts who understand the intricacies of professional practice business. We offer you practical and business critical advice on all potential legal and business aspect of your professional field
Our Portfolio of clients include professionals and business that are regulated by the following bodies:
| Association of Chartered Certified Accountants | Kenya Medical Laboratory Technicians and Technologists |
| Association of Private Universities in Kenya | Kenya National Association of Agricultural Professionals |
| Association of Professional Societies of East Africa | Kenya National Association of Private Colleges |
| Association of Public Universities in Kenya | Kenya Nutritionists and Dieticians Institute |
| Board of Registration of Architects and Quantity Surveyors, Kenya | Kenya Engineering Technology Registration Board |
| Chartered Institute of Management; Clinical Officers Council | Kenya Veterinary Board |
| Engineers Board of Kenya | Media Council of Kenya |
| Institute of Certified Public Accountants | Medical Practitioners and Dentists Board |
| Institute of Certified Public Secretaries | Nursing Council of Kenya |
| Institute of Human Resource Management | Pharmacy and Poisons Board |
| Institution of Surveyors of Kenya | The Marketing Society of Kenya |
| Kenya Association of Technical Training Institutes |
Legal Solutions for Professional Businesses
Corporate Services
Our team of corporate lawyers work in partnership with your professional firm to give solutions through:
- registration of business entities through which firms operate, advising on license requirement and engaging the relevant bodies to help you procure the required licenses.
- drafting the key agreements to govern the relationship between shareholders (if a company) or members (if an LLP), and advising generally on corporate governance in respect of such arrangements;
- restructuring of ownership advising the firm on corporate procedures or transactions, including on any sale of shares or assets include advisory during restructuring of the business, adding of new partners or shareholders, exit of a shareholder/partner as well handling matters related to separation between partners or shareholders;
- advising in relation to ongoing commercial matters, including on the drafting and negotiation of key contracts with suppliers and customers, the protection of intellectual property or on data protection/compliance issues.
- advising on directors’ duties and liabilities for those involved in management of the firm, or in respect of their outside interests;
- advising on individual rights and duties as members or shareholders of the firm
Employment Solution
We advise professionals and professional firms on a number of employment issues, including:
- recruitment issues including examination/professional qualification performance and achievement;
- disciplinary and grievance issues, capability procedures and suspensions;
- business protection including confidentiality, restrictive covenants and ‘team move’ situations;
- sexual misconduct in the workplace (or outside) issues;
- allegations of bullying;
- remuneration and bonus disputes;
- data protection/GDPR issues;
- redundancies and re-structuring;
- dismissal/termination of employment;
- unfair dismissal, discrimination and whistleblowing claims;
- partnership/LLP Agreements;
- partnership/LLP terminations.
Immigration Advisory
We advise foreign investors and businessmen who would like to set up professional practice in Kenya on a variety of immigration related issues including:
- application of business visas, and multiple entry visa;
- processing of work permits and passes for investors, missionaries, expatriate employees and other foreigners wishing to work in Kenya on a long- term or short- term basis;
- application for tax compliance certificates (TCC) for the employer and employee, as required for the processing of work permits;
- processing of permanent residency applications;
- processing of dependents as well as pupil/student passes;
- application for asylum in Kenya;
- application for dual citizenship;
- application for Kenyan citizenship; and
- general immigration law advisory
Tax Compliance
We routinely partner with you to ensure that your business is tax compliant by preparing and/or reviewing tax computations and filing of returns such as:
- annual corporate and personal taxes,
- instalment taxes
- monthly VAT and withholding VAT filing
- monthly withholding tax filing
- monthly excise duty filing
- monthly PAYE filing
- monthly rental income tax filing
- review of tariff classification while importing goods
Debt Recovery, Restructuring and Insolvency
Our debt recovery practice units work in collaboration with your business to promptly and efficiently recover debt owed to you. We understand the role of debt recovery as a debt management tool and provide you with practical solutions that offers court litigation process as a last recourse.
Our Debt recovery solutions include:
- investigations and asset tracing
- debt collection,
- schemes of compromise
- debt recovery with a particular bias on civil litigations both in the Magistrates Court and High Court and receivership and insolvency.
Investigations
Should need arise, we help you conduct investigation within your professional business practice that aims to:
- help you secure and protect your enterprise value by quantifying damages.
- identify, collate and analyze information and data in order to reconstruct the underlying transaction and resolve complex financial transactions.
- provide reports of our findings which, inter alia, reconstruct and offer insights on how impugned transactions or activities were carried out.
- enable us provide expert testimony, on your behalf, in fraud cases, insurance fraud, conflict of interest and breach of trust claims, intellectual property infringement claims, lost profits, valuations, breach of contract, breach of warranties claims, malicious civil proceedings, business interruption, environmental claims as well as construction claims.
Wealth Management & Family Business Succession
We provide you with the best practical legal advice on wealth management and family business succession and put in place relevant structures to provide certainty on what happens when your business survives you.
We advise on wealth management and family business succession tools including:
- drafting of domestic and foreign wills and codicils
- set up of family trusts
- pre-nuptial agreements
- restructuring family businesses
- international families
- individual and business tax planning
- deeds of gifts (gift intervivos)
- granting and revocation of powers of attorney
Regulatory and Civil Defence Litigation
We provide regulatory and civil litigation defense services for our clients, who are the subject of a complaint to, or an intervention from, their respective regulators.
We also offer legal advice and defend you or your business in civil litigation regarding professional negligence.
Legal Training
On need basis or upon recommendation we routinely provide our professional clients with legal training on:
- data protection,
- confidentiality, and disclosure obligations;
- directors’ duties and board management
- wealth management and business succession
- effective drafting of terms of business and limitations of liability;
- professional conduct and ethical obligations, including conflicts;
- tax;
- employment and labour matters
