Benfield Attorneys and Solicitors focuses its practice on maritime and shipping law and practice. The firm engages in routine advisory services and represents clients in all areas of the maritime and shipping sector, including charter parties, ship sales and purchases, ship finance and mortgages, ship and bareboat registration, registration and notation of foreign mortgages, shipbuilding contracts, ship title search and documentations, time and voyage charter party agreements, entering of caveat against arrest of ship and marine insurance, etc.
Benfield Attorneys and Solicitors assists clients in the lease, purchase, and acquisition of aircraft. This advisory and transactional process includes conducting due diligence prior to prospective purchases, reviewing all documents related to the transactions, and dealing with requisite regulatory agencies. The firm also has vast experience in registering aircraft, aircraft leases, and aircraft mortgages as well as obtaining permits from the Nigerian Civil Aviation Authority (NCAA) and the Federal Airport Authority of Nigeria (FAAN).
BAS’s intellectual property department is involved in virtually all aspects dealing with the maintenance, protection and enforcement of intellectual property rights either in isolation or as an offshoot of related transactional matters. Some of these areas include: entertainment and media, trademarks, copyright, patents and trade secrets as well as licensing and ancillary international trade issues.
Our lawyers are particularly skilled in the Nigerian Trademarks and Patent Registry involving the application for publication, registration and renewal of trademarks. Our expertise also extends to the filing, prosecution or defence of our clients’ applications in opposition proceedings before the Registrar of Trade Marks. BAS files applications for the issuance of letters of patent on behalf of inventors or assignees and effect payment of annuities for such patents. We advise on a wide range of legal issues relating to the Nigerian laws and policies on intellectual property protection and enforcement.
In the area of enforcement, our firm’s intellectual property department in synergy with the Dispute Resolution Department are versed in the prosecution and/or defence of copyright, trademarks and patent infringement actions at various levels.
ENERGY AND NATURAL RESOURCES
Benfield Attorneys and Solicitors’ Energy and Natural Resources practice is divided into the following key practice areas:
OIL AND GAS
Benfield Attorneys and Solicitors’ Oil and Gas Practice Group provides legal support to companies involved in the exploration and production of hydrocarbons. The firm handles all aspects of oil and gas resources matters, which include licensing, transportation and storage, advice on farm in/farm-out arrangements and financing, and advice on leases and production sharing contracts (PSC).
The firm’s knowledge of the legal and regulatory framework of the oil and gas industry is arguably unsurpassed in Nigeria. Hence, its involvement in transactions ranging from the acquisition and assignment of oil mining leases.
The firm also offers expertise in the extensive area within the “upstream” and “down-stream” sectors of the oil and gas industry, the acquisition and disposal of interests in oil and gas fields, marginal fields and other concessions, as well as advisory and project finance transactions within the sector.
At BAS, a key aspect of our Energy practice involves advising clients on the development, financing and acquisition of electric power projects following the privatization of the sector in Nigeria. Our power utilities practice extends to the various segments of the sector which covers power generation, transmission and distribution. We have a cross-disciplinary team of lawyers specializing in all aspects of the power generation industry, including gas and coal. Our advisory services to clients extend to regulatory issues, project structuring, take off agreements, M&A of power assets, construction, O&M and power purchase agreements, decommissioning, carbon capture and gas storage and pricing disputes relating to PPA’s, GTA’s and GSAs, environmental and regulatory. We advise on all aspects of all renewable and clean energy technologies including onshore and wind, biomass and bio fuels, waste, solar, hydro generation, and carbon credit trading.
Our mining practice covers mining ventures, from precious and base metals and precious and semi-precious stones to industrial mineral and coal. We are positioned to advise global resource houses, large multi-national corporations, and exploration and mining companies. Our services include advising on project structuring, project financing, assistance in the creation of joint ventures and the transfer or granting of mining permits including, due diligence, Investment protection strategy, JVs – Consortium formation.
We provide legal support in resolving complex issues, as well as the preparation and review of project documentation, including project contractual strategies, selection of the contractual matrix and forms of contract acceptable to funders, negotiations and discussions with stakeholders, dispute management and resolution, including arbitration and litigation, exploration rights, petrochemicals and refineries, solid minerals, legal issues arising from environmental impact assessments, pollution and environmental litigation
The Firm’s immigration law practice mainly focuses on assisting foreigners seeking to do business in Nigeria obtain necessary permits that will enable them work and reside legally in Nigeria.
The specific immigration law areas the firm specializes on include incorporation of companies with foreign participation, obtaining and renewal of expatriate quotas, obtaining CERPAC, temporary work permit, subject to regularisation visa and CERPAC Renewal
REAL ESTATE AND PROBATE
Benfield Attorneys and Solicitors’ real estate practice provides legal support in the sale, acquisition and perfection of title to landed properties in Nigeria. We conduct due diligence on title, process the registration of certificate of occupancy, Governor’s consent as well as perfect mortgages. We represent the interests of our clients in the acquisition, sale and mortgage of real estate properties as well as advising on other real estate financing arrangements such as joint ventures and real estate investment trusts.
The firm’s succession practice involves non-contentious as well as contentious matters. We assist our clients with the drafting of wills, obtaining probate, letters of administration and where disputes arise, in consequential litigation including the appointment of administrators pendente lite and other contentious probate proceedings. We also assist with the re-sealing of probate and letters of administration where estate properties are located outside the domicile of the deceased.
LITIGATION AND ARBITRATION
Benfield Attorneys and Solicitors has a very vibrant and large dispute resolution practice that spans proceedings in the various trial and appellate courts in Nigeria. Our dispute resolution practice handles claims ranging from maritime and admiralty law, shipping law, banking law, company law, defamation, enforcement of foreign judgments, enforcement of shareholders agreements, hospitality contracts, winding up (liquidations and receiverships), insurance law, intellectual property law, international trade and foreign exchange, labour and employment law, mining and quarrying, telecommunications law, immigration law, civil aviation law, debt recovery, oil and gas law, etc.
Lawyers in the firm are qualified to appear before every court in Nigeria and have access to extensive resources comparable to that of any other leading law firm. Thus, apart from providing excellent technical advice, we are well placed to proffer solutions that allow quick resolution of complex disputes.
Benfield Attorneys and Solicitors is a firm focused on civil litigation, especially commercial debt collection and judgment enforcement matters. The firm has vast experience representing companies and enterprises, banks and other lenders and financial institutions, and various other creditors in cases involving commercial litigation, debt collection, and the enforcement of the rights of creditors.
The firm represents clients in many different types of commercial debt collection matters, including actions to collect debts owed under loan agreements, negotiable instruments, promissory notes, and for goods sold and delivered. The firm routinely litigate against business owners and other third parties who fail to honour personal guaranties of corporate debts. It also equally represents banks and other creditors in litigation to collect debts and unpaid loans. The firm also represents clients seeking to recover debts owed by customers who have ordered goods, received them, but have failed to pay. The firm represents businesses that provide a variety of services, including consulting firms, independent contractors, and real estate agents and brokers owed commissions, etc.
BAS’s company secretarial practice group is made up of seasoned lawyers with extensive experience in company registration and secretarial services in Nigeria, which enables us to provide cutting-edge legal advisory services to both our local and international clients that cut across various sectors. The firm understands that the compliance with the Nigerian laws regulating the registration and management, control and operation of a business entity is key to the success of business in Nigeria and we aim to assist our clients achieve this.
BANKING, FINANCE AND INSURANCE
Benfield Attorneys and Solicitors is a leading Nigerian commercial and corporate law firm for structuring and preparing banking and corporate finance transactions. The Firm renders general advisory services to clients in their business operations.
In the evolving industries of Nigerian banking and finance, our lawyers develop creative solutions, unique agreements, and innovative answers to new and complex transactional issues. We pride ourselves on staying abreast of ever-changing industries and providing our clients with professional, cutting-edge legal assistance.