Kwadwo Owusu

Kwadwo Owusu

Associate

Kwadwo Owusu is an Associate in our Corporate and Commercial practice. His experience includes various aspects of commercial law, including the formation, structuring and restructuring of business entities, mergers and acquisitions, and general commercial agreements, as well as advising on broad-based black economic empowerment (BEE), consumer law and other regulatory law.

t +27 (0)21 481 6336 f +27 (0)21 481 5232

Kwadwo joined Cliffe Dekker Hofmeyr as a Candidate Attorney in 2016 and was appointed as an Associate in our Corporate & Commercial practice in 2018.

Kwadwo is part of a team which specialises in various aspects of commercial law and has gained experience in a number of areas of practice, including –

Corporate & Commercial

  • Part of the team advising Old Mutual Property (Pty) Ltd on the internal restructuring of its business within the Old Mutual group of companies and the creation of a new company within the group, including drafting documents and providing support in respect of the implementation of the transaction.
  • Advising Xero Limited on the establishment of a subsidiary in South Africa, including the drafting and submission of the relevant company secretarial documentation.
  • Part of the team advising Africa Energy Corp in the acquisition of a 4.9% effective interest in the exploration right for Block 11B/12B offshore South Africa, which saw Africa Energy Corp partnering with Total, Qatar Petroleum and Canadian Natural Resources.
  • Drafting memoranda of incorporation, commercial agreements, company resolutions, and other company secretarial documents in terms of South African, Mauritian and other laws.
  • Conducting legal due diligence investigations and compiling due diligence reports.
  • Advising local and foreign-based non-profit organisations on commercial matters.

Mergers & Acquisitions

  • Part of the team which advised Entersekt (Pty) Ltd and Entersekt International Limited in the disposal of their shares respectively to RMI Invest Two (Pty) Ltd and BoE Private Equity (Pty) Ltd and RMI Invest Two (Pty) Ltd and Nedcap International Limited, including drafting documents and providing support in respect of the implementation of the transaction.
  • Part of the team advising Fossil Europe B.V. in the purchase of a majority share in S Keren Watch Group (Pty) Ltd and the creation of Fossil Accessories South Africa (Pty) Ltd, the Fossil Group's first South African subsidiary, including assisting with drafting transaction agreements and ancillary documents in the run up to completion of transaction.

Listings

  • Advising and assisting with the listing of companies on the Johannesburg Stock Exchange, including reviewing of prospectuses, various transaction agreements and various listing resolutions.

Broad-Based Black Economic Empowerment

  • Part of the team which advised the Vodacom Group Limited in the R16.4bn YeboYethu BEE deal which saw the current shareholders in Vodacom's 2008 BEE deal reinvested and geared their equity in Vodacom Group Limited for a further 10-year BEE deal, and acquire even greater exposure to Vodacom, making YeboYethu the largest BEE vehicle on the BEE Segment of the JSE by market capitalisation.
  • Assisting in the preparation of agreements and ancillary documents for BEE-specific corporate restructurings.
  • Assisting in hearings and negotiations and representing clients before the BEE Commission.
  • Researching, drafting legal opinions and providing training workshops and seminars on BEE legislation.

Data Protection & Consumer Law

  • Advising various clients on their compliance with the requirements of the Protection of Personal Information Act ("POPI"), including drafting of client-specific POPI policies.
  • Investigating and compiling an in-depth legal framework report for the Old Mutual Group regarding compliance with data protection, cybersecurity and information security legislation in South Africa and 15 other African and Latin American jurisdictions.
  • Researching and drafting legal opinions and facilitating training workshops and seminars on the National Credit Act ("NCA") and the Consumer Protection Act.
  • Assisting in drafting NCA-compliant terms and conditions and credit agreements for various clients.
  • Preparing applications and assisting clients with the registration as a credit provider.

Regulatory & General

  • Advising the National Student Financial Aid Scheme ("NSFAS") regarding the procurement of distribution service providers to pay disbarments of student loans and bursaries.
  • Researching and drafting legal opinions on a range of legal and regulatory issues including, inter alia, gambling legislation, planning law and energy law.
  • Providing German and French language translation and interpretative support for clients, official communications and negotiations and reviewing German and French language agreements and documents.
  • Conducting extensive research into and drafting memoranda and reports on various aspects of the laws of South Africa and other jurisdictions.

Education

  • BCom, University of Cape Town
  • LLB, University of Cape Town
  • Year of admission as an attorney: 2018
  • Enrolled with the Legal Practice Council