Securing mining investments and operations in the DRC
Mining titles and rights, due diligence, joint ventures, contracts, compliance and dispute prevention: the key points to watch in a mining transaction.
Read the insightKey takeaways · Points to watch
- Verification of the registration certificate
- Check of the seller’s identity and capacity
- Search for encumbrances, disputes and occupation
- Promise with conditions precedent
- Transfer of title into the buyer’s name
Before investing, verify
A real estate transaction must not merely be economically attractive: it must first be legally secure. Forged documents, double sales, competing claims, occupation without title or irregular representation of the seller are real risks that methodical checks can reduce.
Examine titles and the chain of rights
The review covers the registration certificate or concession contract, the chain of title, the identity and capacity of the seller, and any encumbrances, challenges or occupation. The aim is to ensure consistency between the physical situation of the property, the documents presented and the information held by the competent services.
A real estate transaction must not merely be economically attractive: it must first be legally secure.
Document the transaction in writing
Offer, promise, memorandum of understanding, deed of sale: each stage must be documented and protect the buyer, in particular through conditions precedent linked to the checks and the transfer of title. No significant financial commitment should be made before a sufficient assessment of the property’s legal status has been obtained.
Complete the transfer of title
An acquisition is only secure once the title has been transferred into the new owner’s name with the competent authority. This step is too often postponed, at the risk of allowing challenges to arise.
The particular case of estates
Where the property comes from an estate, all beneficiaries must be identified and the joint ownership settled before any sale. Otherwise, the sale remains exposed to challenges from heirs who were not involved in the transaction.
Written byPaton&PartnersCabinet Me PETIPETI Pathou & Associés · Business law firm in Kinshasa
This insight provides general information. It does not constitute legal advice and is no substitute for a lawyer’s review of your specific situation.
Related practice area
Real Estate & Land Law
Acquisitions, land audits, titles, construction, leases, estates and protection of real estate assets.
