Racheal Kugonza

BACKGROUND

Rachel is an Associate at ALN Uganda | MMAKS Advocates, one of the leading law firms in Uganda. Racheal works with the Property, Banking and Finance Team. She advises several local and international lenders, borrowers, funds and DFI’s in their financing and project development transactions in Uganda. In addition to her banking and finance expertise, Racheal advises an array of clients on commercial laws in Uganda.

She previously worked with Yiga Advocates and the Norwegian Refugee Council. Racheal holds an LLB (Hons) degree from Makerere University, Kampala, and a Post Graduate Diploma in Legal Practice from the Law Development Centre.

 MEMBERSHIP IN PROFESSIONAL SOCIETIES

• Advocate of the High Court of Uganda
• Member, Uganda Law Society.
• Member, East African Law Society

PROFESSIONAL QUALIFICATIONS

• Postgraduate Diploma in Legal Practice, Law Development Centre (Uganda)
• LLB (Hons), Makerere University, Kampala

CAREER SUMMARY

• NOV 2021 - DATE                  Associate, MMAKS Advocates
• SEP 2019 - OCT 2021             Legal Trainee, MMAKS Advocates
• JUN 2018 - JUNE 2019           Project Assistant ICLA – Norwegian Refugee Council
• DEC 2017 - MAY 2018            Associate, Yiga Advocates
• APR 2017 - MAY 2017            Clerkship Student, MMAKS Advocates

AREAS OF EXPERTISE

• Banking and Finance.
• Corporate and Project Finance.
• Employment law advisory.
• Non- Governmental Organisations and/ or Charities law.
• General corporate advisory.
• Property law.

TOP MATTERS 

• Assisting on a transaction that involved advisory on the acquisition of a financial institution in Uganda carrying out a detailed due diligence on the target company, identifying potential risks to the transaction and making recommendations on how to mitigate these risks.
• Assisting on a transaction that involved acting as lender’s counsel on a refinancing of a major solar company in Uganda together with other subsidiaries in various jurisdictions in a Syndicated loan financing of over EUR 25,000,000. The transaction involved review of New York law governed documentation and the issuance of a capacity, validity and enforceability legal opinion from a Ugandan law perspective.
• Involved in a transaction that involved acting as lender’s counsel on a financing of a micro- lending entity in Uganda of over USD 7,500,000. Our role involved reviewing finance documents, drafting security documents and preparing a capacity, validity and enforceability legal opinion from a Ugandan law perspective.
• Involved in a transaction for a financing of a Ugandan company of over Ug. Shs. 30,000,000,000/=. Our role involved preparation, drafting and perfection of various Ugandan law finance documents to secure the facility.
• Assisted on an acquisition for one of the largest steel producers in East Africa. The scope of work involved conducting a due diligence on the target company, identifying potential risks and making recommendations on how to mitigate that risk.
• Involved in various loan restructuring transactions for borrowers in different sectors during the COVID-19 pandemic for various financial institutions. Our role involved reviewing finance documents, drafting security documents and subsequent registration of the Bank’s security interests.
• Involved in the day-to-day preparation, drafting, perfection and review of various finance documents including local security documents and all related documentation. 
• Involved in writing legal opinions on different legal matters including stamp duty related issues, land ownership, the tenures system in Uganda, the banking regime in Uganda and online payments and cross border remittance services.
• Involved in the preparation and registration of securities on a day-to-day basis for some of the top commercial banks in Uganda and Kenya and keeping the banks updated on the status of their matters.
• Currently involved in a transaction that involves acting as lender’s counsel on a financing to a micro-lending entity in Uganda in a sum of USD 3,000,000. The micro- lending entity provides loans to its borrowers’ wo are engaged in the transportation business of two and three wheeler vehicles. Our role involves reviewing finance documents, drafting Ugandan law security documents and their registration. The transaction also involves liaising with Mauritian counsel on the preparation of a corporate guarantee for the corporate guarantor who is incorporated in Mauritius in respect to the borrowing and the issuance of a capacity, validity and enforceability legal opinion from a Mauritian law perspective by Mauritian counsel.