Introduction
SHONA Group Ltd (SHONA) wishes to contract qualified, experienced lawyers or legal firms (the “Consultant”) on a retainer basis to advise the company in the performance of her functions and the discharge of her duties in accordance with prevailing laws and regulations (the “Services”).
SHONA’s requirements for advisory support are varied and will necessitate working with a wide range of stakeholders both internally and externally. We would like to identify firms with whom SHONA can call on, to work on specific assignments as and when needed.
About SHONA
SHONA is a community for entrepreneurs building well-run and responsible SMEs, Good Businesses, that are creating good jobs, improving quality of life, creating wealth, building industries and their communities in East Africa.
We provide entrepreneurs with practical advice, expertise, capital and connections they need to build Good Businesses, through:
● Growth Programs. We partner with Entrepreneurs, Corporates, NGOs, Investors, and Development Partners to design and implement initiatives to build Good Businesses.
● Investing. Through our work at SHONA Capital, we invest in SMEs, supporting them to grow into Good Businesses.
● Consulting. We provide Strategy Consulting and Financial Advisory, helping entrepreneurs build Good Businesses.
We exist to transform East Africa’s economies and societies by building a thriving East Africa private sector driven by Good Businesses.
Since inception, SHONA has worked with more than 500 SMEs across East Africa, operating in multiple sectors including Healthcare, Agriculture, Education, Light manufacturing, Financial Services, and more. They have created more than 2,000 jobs, raised more than USD 33 million in investment, paid more than USD 10 million in tax to East Africa’s economies, and supplied millions of customers.
Based in Uganda, we actively operate across multiple countries in East Africa and are growing our work in Sub Saharan Africa.
Scope of work
The scope of work includes tasks that may be requested on an ongoing support basis or one-off assignments or transactions.
● Provide legal opinion on labour and employment law as may be required
● Review and endorse all existing documents prepared by SHONA, including but not limited to service contracts, grant agreements, employee contracts, as well as amendments and extensions to such contracts and agreements, memoranda of understanding and non-disclosure agreements, in accordance with prevailing laws and regulations
● Ensure the legal form and contents of all documents prepared and signed by SHONA are correct
● Provide legal assistance in the process of contract negotiations, legal endorsement of performance guarantees or any other guarantee and signing of contract / grants / investment agreement
● Provide legal assistance against any litigation arising out of its daily business affairs or during contract, grant, or investment administration
● Represent and defend SHONA before Courts of Law including but not limited to labour courts, tribunals and federal sharia courts for cases filed by SHONA against contractors, suppliers, grantees, sub-contractors, employees – or by the same against SHONA
● Provide Company secretarial services and ensure compliance of SHONA with the necessary Government institutions.
● Provide assistance with intellectual property related assignments to ensure that all products of SHONA are protected.
● Interact on behalf of SHONA with relevant government authorities as and when required about contractual, commercial, corporate and legal matters
● Provide legal assistance in dispute resolution at International or national arbitration tribunals
● Represent SHONA at the labour offices in order to help resolve labour disputes
● Providing legal opinion and advice on day to day business affairs of SHONA
● The Consultant will also, on an ad hoc basis, provide tax advice as and when needed on matters such as corporation tax, withholding tax, PAYE/Income tax, deferred tax, tax on royalties, including but not limited to the items listed below:
○ Review tax implications of different revenue sources
○ Confirm which taxes SHONA needs to be registered for after reviewing the organisation’s legal documents and contracts
○ Review and confirm tax efficient structures for SHONA and it’s Directors
○ Advise on measures to ensure SHONA and it’s Directors are tax compliant
○ Advise where appropriate on the correct tax treatment of local and international consultants.
Timing and deliverables
The services of Consultant are required for one year commencing from the date of coming into force of the agreement; which may be extended for another year subject to mutual agreement.
Request for Proposals
SHONA is seeking proposals from qualified, experienced lawyers or legal firms for tax and legal advisory support.
Proposals should contain:
● Names, curriculum vitae of key personnel
● Monthly rate inclusive of all overheads (indicating clearly whether the rate quoted includes necessary taxes – such as Withholding Tax, and Value Added Tax)
● Details of relevant previous experience, including but not limited to:
○ Experience working in Uganda and across Sub Saharan Africa
○ Experience working with multiple stakeholders including Entrepreneurs, SMEs, NGOs, Corporates, Development Partners, Local & International Investors
● At least three references from organisations doing similar work to SHONA’s
Proposal documents should be as concise as possible and not exceed a total of 3 pages (excluding annexes). Proposals exceeding this limit may be disqualified.
This should be completed via email to jnagawa@shona.co by 5PM (EAT) on Thursday 25
January 2024 under the subject line ‘SHONA TAX AND LEGAL ADVISORY SUPPORT' Applications received after this deadline will not be considered.
Contact
Questions or comments in respect of these terms of reference should be directed by email to: jnagawa@shona.co on or before 5PM (EAT) Tuesday 02 January2024, and a response will be provided.
Basis of award
Mandatory requirements
● Certificate of Registration and Profile
● Valid Practising Certificates of Partners
● Valid Certificate of Approval of Chambers
● Relevant professional experience – at least 5 - 10 years’ experience
● Recognition by relevant legal rating agencies (Attach evidence)
● Membership to a relevant professional organisation
● Tax Clearance Certificate addressed to SHONA Group Limited 1006581327