Fairbridges Wertheim Becker: Namibia

TerraLex is represented in Namibia by Fairbridges Wertheim Becker through its Member Affiliate, Fisher, Quarmby & Pfeifer. Fisher, Quarmby & Pfeifer is the successor of the firm founded by Justizrat Dr Albert Stark during +- 1904. The partnership today consists of Graham Stuart McCulloch, Christiaan Johan Gouws, Adriana Jacoba Van Der Merwe, Floris Coetzee, Alwyn Harmse, Leigh-Anne Agnew and Jens Roland.

Established in 1812, Fairbridges Wertheim Becker is the oldest law firm in Africa. The firm's offices are in Cape Town, seat of South Africa's Parliament and capital city of the Western Cape Province, and in Johannesburg, commercial centre of the country and capital of Gauteng Province.

Fairbridges Wertheim Becker has a well-established local and international client base, and offers a full range of sophisticated professional legal services with extensive links with the public, private, financial, industrial, and corporate sectors. The firm is able to service the needs of its local and international clients, not only in South Africa itself, but throughout the Southern African sub-continent.

Namibia Services Through Fisher Quarmby & Pfeifer The main areas of specialisation have been banking law, property law, business and commercial law and civil litigation. The firm is pro~active, service driven and experienced. Without limitation the firm has vast experience in the following fields:

BUSINESS, COMMERCIAL AND COMPANY LAW

The registration of companies and general company secretarial work; advice on the implications of the Companies Act, with special emphasis on the rights, duties and obligations of directors; advice to clients on the structuring of transactions; drafting of sale of shares transactions; advice on mergers and acquisitions; drafting of merger notifications under the Competition Act; advice on the Close Corporations Act and regulations; general tax advice with special emphasis on the value added tax aspects of property and business transfers (sales as a going concern); advice on securities (including private equity bond listings, guarantees etc); general advice on corporate governance; advice on the Transfer and Stamp Duty Acts; Advice on the Stock Exchanges Act with a specific emphasis on company and bond/ note listings; drafting of comprehensive due diligence reports for companies; drafting of most types of commercial contracts; experience with FIDIC, engineering and construction contracts. BANKING LAW The firm has many years of experience in banking law and amongst others, specialises in the following:

• conveyancing;
• foreclosures on arrear home and other loans;
• surety ships;
• advice on the misappropriation of bank funds;
• collection of overdrawn accounts and related matters (debt collection);
• general opinions to the bank;
• pledges;
• cessions;
• perfection of notarial bonds;
• installment sale agreements;
• financial intelligence, and know your customer policy;
• prevention of organised crime

LAWS ADMINISTERED BY THE BANK OF NAMIBIA AND THE NAMIBIAN FINANCIAL INSTITUTIONS SUPERVISORY AUTHORITY

Over the years our firm has advised clients on the following laws administered by the above mentioned authorities:

• The Banking Institutions Act, (Act 2 of 1998);
• the Currency and Exchange Act, (Act 9 of 1933);
• the Bank of Namibia Act, Act 15/1997;
• the Development Bank Act, (Act 8 of 2002);
• the Pension Funds Act, 1956 (Act 24 of 1956);
• the Friendly Societies Act, 1956 (Act 25 of 1956);
• the Unit Trusts Control Act, 1981 (Act54 of 1981 );
• the Short-term Insurance Act; and
• the Long-term Insurance Act, 1998 (Act5 of 1998;
• the Prevention of Organised Crime Act, (Act 29 of 2004 );
• the Financial Intelligence Act, (Act 3 of 2007) ;
• the Agricultural Bank Act, ( Act 13 of 1944 ).

Ms Agnew worked as the in-house legal advisor for both Namdeb and GIPF. She has a post graduate diploma in pension fund law and has substantial experience in employment benefit law and mining law.

CONVEYANCING Our conveyancing department consists of four qualified conveyancers and eleven experienced conveyancing secretaries, all, with the exception of two, having received their in-house training with Fisher, Quarmby & Pfeifer. Without limiting the generality thereof we truly offer a specialised service in all aspects of Conveyancing. Our Partners and all para-legal secretaries have extensive knowledge of transfers and bonds. We furthermore specialise in:

• land reform property law and transactions with VAT implications;
• sectional title schemes and transfers;
• consolidations, subdivisions, and the opening of township registers;
• consents in terms of the Subdivision of Agricultural Land Act;
• registration of various personal and praedial servitudes;
• estate and divorce transfers and endorsements;
• registration of covering bonds and home loans;
• notarial surety and indemnity bonds;
• bond endorsements; and
• registration of long term leases;
• advice on security documentation, i.e. cessions, pledges, guarantees etc.
• Building disputes

• Corporate and Commercial
• International Trade
• Shipping
• Patents & Trademarks
• Litigation
• Tax
• Medical Litigation
• Estates & Trusts
• Labor
• Property
• Insurance
• Banking
• Environmental
• Family