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
- Legal due diligence on the target
- Investment vehicle and shareholders’ agreement
- Representations and warranties
- Review of Investment Code incentives
- Dispute-resolution clauses
Anticipate to secure
The success of an investment in the DRC does not depend solely on its economic potential. It rests on knowledge of the legal framework, appropriate structuring, prior identification of risks and the protection of relationships with public and private partners. Our principle: anticipate legal difficulties in order to secure the investment economically.
Verify before you invest
Before any acquisition, equity investment or joint venture, due diligence makes it possible to assess the real situation of the target: corporate matters, titles and authorisations, key contracts, assets, land rights, financial commitments, security interests, litigation and regulatory obligations. It informs the decision and supports the negotiation of guarantees.
Anticipate legal difficulties in order to secure the investment economically.
Build a protective architecture
The legal structure must take into account the nature of the project, the capital committed, the identity of the investors, the financing and future exit arrangements. Governance, voting rights, profit distribution, representations and warranties, exit clauses: every mechanism must be considered before signing.
Provide for disputes before they arise
Dispute-resolution clauses (negotiation, mediation, competent jurisdiction, arbitration) must be drafted from the outset. They are the last line of protection for the investment when the relationship between partners deteriorates.
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
Investments & Investor Support
Structuring, due diligence, acquisitions, partnerships, contracts, public relations and investment protection.
