What we can do for you
- Conveyancing & Notarial Practice
- Banking & Finance
- Administration of Estates
- Civil Law
- Corporate Law
- Employment & Labour Law
- Family Law
- Intellectual Property Law
- Tax Law
- Edictal Citation
Conveyancing & Notarial Practice
We handle the Registation of Real Rights in favour of a Purchaser. This includes, but not restricted to, the Registration of
- Title Deeds
- Title Transfer
- Farm Land
- Agricultural Land
- Leasehold Land
- Sectional Title
- Sub Division
- Mortgage Bond
- Notarial Mortgage Bond
- Surety Covering Mortgage Bond
- Deed of Hypothecation
- Last Will and Testament
Banking & Finance
Banking and Finance Law provides a thorough grounding in the fundamental principles of international finance and financial services law, covering local and international developments from practical, regulatory and policy perspectives. A wide range of regulatory and transactional areas are covered including, monetary law, banking law, financial regulation, central banking, securities law, secured transactions, corporate finance and M&As, insolvency cross-border insolvency, electronic banking, financing of developing economies.
- Asset Finance
- Asset Management
- Banking, Finance and Securities Disputes
- Financial Services Regulation
- High Yield
- Leveraged Finance
- Microfinance and Social Investment
- Real Estate Finance and Workouts
- Trade, Commodities and Export Finance
We act for banks, financiers, lessors, manufacturers, finance companies, operators, borrowers, lessees, export credit agencies and advise on asset financings including all types of debt, export credit and capital markets driven products, securitizations, receivables financings, and retail finance. Our lawyers help clients to buy and sell leasing companies and portfolios of assets, and structure regional leasing business networks. They also advise on vehicle repossessions and have extensive experience on restructurings and insolvencies
Areas of expertise include establishing both private and listed funds, negotiating investment management documentation. We provide a wide range of services to asset managers and institutional investor clients, such as advice relating to fund establishment, regulatory matters, structuring fund vehicles, investment management and undertakings for collective investment transferable securities.
Banking, Finance, securities disputes
we represent clients in their litigation and dispute resolution needs, from investigations and disputes, to reputational risk management issues. We are available to investment banks, asset managers, hedge funds, private banks and retail banks.
Financial services regulation
Areas we advise on include asset management regulation, bank reform, capital and liquidity requirements, custody and prime brokerage agreements, conduct of business rules and recovery and resolution planning.
Our expertise covers advice on contingency planning, insolvency filing requirements, debt restructuring, distressed financing and reschedulings, distressed acquisitions/sales, credit bidding, formal insolvency proceedings. We advise lenders and investors at all levels of the capital structure as well as corporates/directors and banks.
Administration of Estates
The Administrator or in Botswana, commonly referred to as the Executor is the one involved in the duties of the Administrator. Piyush Sharma Attorneys & Co. is involved in numerous Estate matters and Mr. Sharma remains an Executor of various Estates.
Disputes in Estates are also common in Botswana and we have extensive experience in representation of a Party that wishes to lay a claim to a portion of an Estate and/or dispute the inheritance that is being wound up.
A body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property,and Family Law; distinct from criminal or public law. Civil law systems, which trace their roots to ancient Rome, are governed by doctrinesdeveloped and compiled by legal scholars. Legislators and administrators in civil law countries use these doctrines to fashion a code bywhich all legal controversies are decided.
Corporate Law (corporations law, company law) deals with the formation and operations of corporations and is related to commercial and contract law. A corporation is a legal entity created under the laws of the state it's incorporated within. State laws, which vary from state to state, regulate the creation, organization and dissolution of their corporations. A corporation creates a legal or "artificial person" or entity that has standing to sue and be sued, enter into contracts, and perform other duties necessary to maintain a business, separate from its stockholders.
Employment & Labour Law
We have drafted Employment Contracts for Employers to ensure that they are protected and within the parameters of the Laws of Botswana and International Conventions that Botswana is a signatory to. We also assist Employees in interpretation of the Contracts and guiding them in protecting their rights.
We currently represent some Trade Unions in Botswana and represent them in guiding them with Legal Principles and protection of rights.
We represent clients in claims in the High Court, Industrial Courts and Court of Appeal.
Family Law Principles
Principles such as no fault divorce, the best interests of the child, parental responsibilities, property division and dispute resolution.
Services that help people with particular needs, for example: legal, dispute resolution including counselling, translations.
Separation and Divorce
When, where and how to get a divorce. Information on legal issues around separation.
What family violence is and how it affects others. How the Courts deal with family violence.
How to make arrangements for children during and after separation. How separation affects children.
About Going to Court
What happens at Court. Forms, publications and information about the family law courts system.
Property and Money Matters
How to divide property and assets, including spousal maintenance and .
When, where and how to appeal against a court decision.
What court orders are and how to follow, change and/or enforce them.
Communities & Individuals
Specific information for people from Indigenous, regional, rural or culturally diverse backgrounds or with disabilities.
Intellectual Property Law
We act on behalf of various international companies and Instructing Law Firms in South Africa, Mauritius, Great Britain, India, Kenya, China and Australia. We register Patents, Trade Marks, Designs, and assist with Litigation on Intellectual Property matters. We have represented clients as resident investigators and have been involved in interdicts, seizure, confuscation and removal applications for Local and International Clients.
It covers the rules, policies and laws that oversee the tax process, which involves charges on estates, transactions, property, income, licenses and more by the government. Taxation also includes duties on imports from foreign countries and all compulsory levies imposed by the government upon individuals for benefit of the state. The intricate body of tax law covers payment of taxes to a minimum of four levels of government, either directly or indirectly. Indirect taxes are assessed against products and services that are meant to be consumed, but are paid to an intermediary.
We are involved in the following services:
Registration with Botswana Unified Revenue Services (BURS)
Assistance with assessment and review of BURS Liability
Representation in the High Court or Court of Appeal on BURS
We provide services of Involuntary and Voluntary Liquidations of Companies registered in the Republic of Botswana. We have been involved in the process of provisional Liquidation of some Companies and in some cases, where necessary, piercing the corporate veil to expose the Directors and Shareholders of a Company.
Where a Defendant (the spouse against whom the Divorce is instituted) lives in another country, a Plaintiff must first approach the High Court or the Central Divorce Court by way of what is known in law as an Edictal Citation Application. This affords permission to a Plaintiff to serve the Divorce documents on a spouse in a foreign country.
A Summons in a Divorce must be served on the Defendant in person. The Court needs to be satisfied that service will be done properly by an official of the Court in a foreign country. Edictal Citation is therefore a procedure according to which a legal document such as a Divorce Summons is served by a Sheriff (in some countries known as a "service processor" or a solicitor) in a different country.
Nowadays, in our hi tech world, a couple can easily get married in one country, spend most of their married life in another country, and get divorced in a different country altogether. It's nothing new for a couple to get married in Botswana, move to say, New York or London, discover things are not working out, and for one of them to return to Botswana.
Strange then that despite all the above, it still is not true – contrary to popular belief - that a Summons can be served via email or by registered post in Divorce proceedings.
Edictal Citation then is:
- If your spouse lives overseas, the Court will give an order that it is served on the absent spouse at either their home or their place of work.
- If your spouse lived overseas but has disappeared; the Court will give directions on a form of substituted service, e.g. by service upon a relative or, perhaps the Attorneys that acted for the absent spouse whilst they were in Botswana and elsewhere.
It is important to note that the Court will require that you, the Plaintiff:
- Are domiciled in the Court's jurisdictional area on the date that your Divorce Proceedings commence.
- that you are usually resident in that area.
- that you have been living there for not less than a period of one year immediately prior to that date.
In the case of a spouse who has disappeared, you, by way of your Edictal Citation Application will have to satisfy the Court that everything possible has been done to trace the absent spouse. This is because personal service is clearly preferable and the least prejudicial form of service.
If you want to have a Divorce Summons served overseas you will first have to convince the Court by means of your Edictal Citation Application that there is no other way to have the Divorce Summons served, and in your Application you must supply full details of the Sheriff or the Service Processor to use to serve the Summons in the foreign country.
Edictal citation involves communicating and corresponding with people in a foreign country, and the posting of documents overseas. After serving of the Summons in a foreign country, a spouse will have a month to defend the action. If they ignore the Summons or, if they defend it, after reaching settlement of the financial terms the matter may be set down for hearing on a date that has been pre-arranged with the Registrar of the High Court or the Central Divorce Court.