Cross-Border Transactional & Due Diligence Services
Foreigners Corner
Legal Prowess
backed by
30 years of
experience
Cross-Border Transactional & Due Diligence Services
Legal Certainty Across Borders
At BMA Advocates, we support international clients involved in complex cross-border transactions by providing legal clarity, documentation, and compliance advisory tailored to multi-jurisdictional operations. Whether you’re acquiring a company, entering a joint venture, conducting due diligence, or formalizing a partnership, we ensure your interests are protected across borders.
Our Services Include:
Contract Drafting, Review & Negotiation
Cross-border agreements including JVs, shareholder agreements, IP licenses, and service contracts.
Legal Due Diligence
Detailed audits of target companies, land, licenses, litigation, and risk for foreign boards or investors.
Cross-Border M&A and Investment Structuring
Guidance on FDI, share acquisitions, CMA notifications, and regulatory approvals.
International Regulatory Compliance
AML, KYC, sector licensing, tax compliance, and data protection laws.
Legal Opinions & Risk Advisory
Opinions on capital repatriation, enforceability of foreign judgments, and arbitration issues.
Why Choose BMA Advocates?
- Cross-border expertise with clients in Africa, Europe, North America & Asia
- Seamless coordination with foreign counsel in multi-jurisdictional transactions
- Familiarity with international financial instruments and regulatory requirements
- Risk-focused, practical legal advice in high-stakes commercial matters
Frequently Asked Questions (FAQs)
Cross-Border Transactional & Due Diligence Services – BMA Advocates
These are common legal concerns we address for international investors and companies operating across borders:
1. What is legal due diligence, and why is it important in Kenya?
What is legal due diligence, and why is it important in Kenya?
2. Can BMA Advocates help with due diligence for a company I want to acquire?
Yes. We audit ownership, debt, contracts, employment, litigation, and regulatory compliance.
3. What kinds of cross-border contracts do you draft?
We draft JVs, licensing, IP, supply, and shareholder agreements that meet both Kenyan and international standards.
4. Are foreign investors allowed to acquire Kenyan companies?
Yes, subject to sector-specific restrictions. We handle due diligence, share transfer, and approval processes.
5. What sectors require special approval for foreign participation?
Telecoms, banking, insurance, agriculture, and mining. We obtain regulatory clearance where needed.
6. Do you provide legal opinions on cross-border issues?
Yes — including opinions on contract enforceability, foreign judgment recognition, and capital transfer legality.
7. What taxes should I be aware of in cross-border deals?
Withholding tax, capital gains tax, VAT on services, and transfer pricing. We advise on all.
8. Can I enforce a foreign court judgment in Kenya?
Yes, under reciprocal enforcement or common law. We assess and file for local recognition.
9. Do you work with lawyers in other jurisdictions?
Yes. We collaborate with international law firms to ensure cross-border alignment.
10. Can you help with investor-state dispute clauses?
Yes. We advise on arbitration clauses under ICSID, ICC, and other international rules.
11. How do I know if a Kenyan business is compliant before investing?
We check licensing, taxes, governance, litigation exposure, and provide risk ratings.
12. Are there limitations on foreign currency transfers?
Yes. CBK guidelines apply. We guide on repatriation, AML checks, and approval requirements.
13. Can you help with data protection compliance in cross-border tech deals?
Yes. We advise on Kenya’s Data Protection Act and international data transfer rules.
14. What’s the role of Kenya’s Competition Authority (CAK) in M&A deals?
Certain mergers require notification and approval. We handle the filings and compliance.
15. Why is BMA Advocates ideal for cross-border legal support?
Why is BMA Advocates ideal for cross-border legal support?
