Benoit Tshibangu Ilunga

Mr. Benoit Tshibangu Ilunga has been practicing as a lawyer registered with the Bar of Kinshasa/Matete since 2006. He is a member of the Washington DC-based International Law Firms (ILF). In his law practice, Mr. Benoit Tshibangu Ilunga actively works in the fields of mining and hydrocarbons law, air law, commercial law, companies law, fiscal law, sureties law, competition law and law of obligations.

Mining Law -In this practice, Mr. Benoit Tshibangu Ilunga advises and assists many subsidiaries of foreign companies and multinationals based in the DRC not only in the procedure for the application and obtainment of mining and quarry rights and in maintaining and validity of said rights. Further, he represents and assists mining companies before administrations that are involved in the management of mining and quarry rights.

Air law -The practice of air law is, to Mr. Benoit Thsibangu Ilunga, one of his fields of expertise. He has assisted his clients in negotiations relating to the conclusion of air transport contracts. He also assists and even represents his clients in procedures for the importation of aircrafts.

Commercial-companies-investment law -In his practice of commercial law, companies law and investment law, Mr. Benoit Tshibangu Ilunga legally counsels and advises several companies in investment issues in the DRC inter alia in joint venture agreement with some state-owned companies, the approval of projects under the regime of the investment code (formerly known as the Investments Commission and currently as the National Agency for the Encouragement of Investments -ANAPI). He has advised and assisted international companies in acquiring administrative permits and authorizations for their establishment in the DRC depending on the field of activities as well as in the incorporation and establishment of their subsidiaries and branch offices in the DRC. He has advised and assisted several companies in the drafting and implementation of general assembly extraordinary meetings minutes, board of directors meetings or management board meetings, single managers decisions etc.

Legal evaluation of projects -In an effort to fund or acquire certain projects in the DRC or in order to list the projects of some companies incorporated in the DRC in the international stocks exchanges (Toronto, London, Perth, etc), Mr. Benoit Tshibangu Ilunga has conducted several conformity, validity and authenticity evaluations on behalf of the said commercial companies and those of various mining permits (mining, land and other licenses) which they hold in order to ensure the realization of sureties of all sorts including mining and land mortgages, pledges or warranties for company shares and stocks constituting the capital of loaning companies and those whose projects are listed in international stocks exchanges markets. He has published legal opinions on diagnosed issues or other major legal issues encountered during the examination of cases submitted to him and he has corrected or had them corrected by preparing strategies and legal opinions on the issues. He has advised and assisted several companies in the drafting of loans agreements, mortgage agreements (land and mining mortgages), pledge or security agreements for shares and stocks as well as the settlement of certain disputes likely to compromise the funding of project or that of acquiring interests in the project.

Litigation -In addition to his capacity as a legal counsel, Mr. Benoit Tshibangu Ilunga has been practicing legal litigation since he was registered as a Barrister. In administrative litigation, he has represented and still represents his clients both in the preliminary claim proceedings as well as in jurisdictional proceedings before the administrative chambers of the Courts of Appeal and the Supreme Court of Justice. He has advised and still advises several companies in the settlement of fiscal and para-fiscal disputes with DGRAD or DGI before the Tribunals of High Instance and before Courts of Appeal. He has also represented and advised certain clients in disputes before domestic and foreign courts and before arbitral courts.