Johannes Buys, Legal Advisor

Johannes Buys

Legal Advisor

Sienna Legal Consultants FZE

Location
United Arab Emirates - Ras Al Khaimah
Education
Diploma, Business Rescue
Experience
12 years, 8 Months

Share My Profile

Block User


Work Experience

Total years of experience :12 years, 8 Months

Legal Advisor at Sienna Legal Consultants FZE
  • United Arab Emirates - Ras Al Khaimah
  • January 2013 to July 2013

Advising Energy Companies on various issues Advising and drafting Last Wills and Testament for Expats Advising and drafting franchise agreements Assisting clients with setting up FZE and FZC in various free zones throughout the UAE Assisting and advising clients on setting up on shore businesses in Dubai Advising extensively on UAE Labour Law Conducting workshops on Last Wills and Testaments Advising expatriates on inheritance law and the impact of Sharia Law thereon Advising tour operators and assisting them with negotiating terms with hotel chains Advising hotels and various companies on the assignment of debts and restructuring of their finances Advising on various Real estate matters and conducting arbitration proceedings on behalf of clients at the DIAC and the DIFC Advising, assisting and drafting franchise agreements for clients setting up various businesses in KSA Advising, assisting and drafting Joint Venture agreements for clients setting up various businesses in KSA Advising Food supply companies on various matters in Iraq and Afghanistan

Solicitor at GCP Legal Consultants FZE
  • United Arab Emirates - Dubai
  • October 2010 to June 2012

• Reviewing and advising developer on amendments to lease Agreement subject to principles of Sharia
• Drafting Requests for Arbitration
• Drafting jurisdictional objections and responses thereto in Arbitration proceedings
• Drafting Terms of Reference for Arbitration
• Drafting Statements of Claim, Defence and Counterclaim in Arbitration Proceedings
• Drafting Statements in Reply and Defence to Counterclaim
• Drafting replies to Statement of Defence and Rejoinder
• Appearing before Arbitration Tribunals
• Drafting and submitting Applications to the Dubai International Financial Centre Courts.
• Advising developers on the appointment of a management service company to provide management services to owners associations
• Drafting Owners Association Management Services Contract and advising on the same
• Negotiating and drafting Joint Venture Agreements, Escrow and Disbursement Agreements and Indemnification Agreements on behalf of clients in the UK, Middle East and Asia.
• Advising Developers and Investors in Real Estate Disputes
• Drafting and negotiating Sale Share Agreements on behalf of clients.
- Drafting and advising on commercial leases.
• Drafting Sale and Purchase Agreements on behalf of Developers
• Drafting Applications and instructions to our local Advocate to appear in Court on our behalf.
• Advising on business structures which includes but are not limited to establishment of UAE free zone settlement and offshore incorporation.
• Drafting and obtaining No Objection Certificates from banks, shareholders and other interested parties together with reference letters and personal profiles of the shareholders and directors to submit with the application to the relevant free zone authority.
• Drafting and advising on Affidavit of Good Standing, Deed of Donation, Letter of Wishes and obtaining the reference letters on behalf of clients setting up BVI Trusts and BVI Vista Trusts with and without the Protector

Solicitor at Summit Law LLP
  • United Kingdom
  • August 2008 to August 2010

• Negotiating and drafting Stock Purchase Agreements, Escrow and Disbursement Agreements and Indemnification Agreements on behalf of clients in the UK, USA, Europe, Middle East and Asia.
• Acting for Trustees in Bankruptcy
• Acting on Cross Border Corporate Recovery and liquidation actions under Cross Border Insolvency Regulations in Europe and Africa
• Acting on behalf of Administrators in Creditors Voluntary Arrangements and Administrations which includes but are not limited to Football Clubs and Airlines.
• Acting for office holders in the UK, Europe.
• Drafting and negotiating Sale Share Agreements on behalf of office holders
• Drafting Sale and Purchase Agreements in Administration proceedings
• Acting for office holders in pre pack Administrations and obtaining Administration Orders in Court
• Drafting and negotiating various contracts to include but not limited to Deed of Variation and Deed of Settlement
• Advising and drafting Notice of Disclaimer of Leases
• Advising office holders on assignment of leases in Administration Proceedings

Solicitor at Moorhead James LLP
  • United Kingdom
  • January 2007 to July 2008

• Acting on Cross Border Corporate Recovery and liquidation actions under Cross Border Insolvency Regulations in Europe and Africa
• Drafting witness statements.
• Drafting various applications.
• Compiling trial bundles.
• Advising clients on the Enterprise Act and the changes brought about by its implementation
• Advising Insolvency Practitioners on dealing with disposition of property in the U.K. and abroad
• Advising Insolvency Practitioners on dealing with property acquired by the bankrupt after Bankruptcy Order being granted by the Court.
• Advising on transactions at undervalue
• Perusing of affidavits and suggesting amendments
• Negotiating Costs with the defendants.
• Dealing with all aspects of insolvency, both personal and corporate;
• Conducting hearings in the High Court and County Court.
• Advising on finance and security issues
• Obtaining appointments for clients (Big 4 accounting firms) to act as Trustee in bankruptcy and as Liquidator.
• Leading interviews with the bankrupt on behalf of Insolvency Practitioners.
• Advising on setting aside preferences and transactions at an undervalue
• Advising on all legal issues arising out of liquidation

In House Commercial Legal Advisor at Abbey Legal
  • United Kingdom
  • July 2004 to December 2006

Advising small and medium size enterprises on various aspects of law including Corporate, Commercial and Insolvency law to include but are not limited to misfeasance, wrongful trading, preference and the liability of company directors.

Insolvency Examiner at Department of Trade and Industry
  • United Kingdom
  • January 2002 to December 2004

• Interviewing directors of companies that have been wound up when the Official Receiver has been appointed liquidator and interviewing individuals (sole traders and companies) against whom bankruptcy orders have been made when the Official Receiver has been appointed trustee, to establish the history of the insolvent and the events that led to insolvency, to identify the assets of the insolvent estate to be dealt with in the insolvency, and to explain the relevant company or personal insolvency legislation to the affected individuals.
• Identifying instances of possible misconduct of company directors and bankrupt individuals.
• Investigating the conduct of directors of insolvent companies with a view to issuing disqualification proceedings against them.
• Drafting affidavits with regards to Disqualification proceedings.
• Liaising with Insolvency Practitioners, Crown departments, creditors, banks, company accountants, auditors, solicitors and other parties who had dealings with the companies under investigation.
• Conducting interviews with directors and employees of insolvent companies with a view to possible disqualification proceedings.
• Reviewing books and records of insolvent companies in the course of investigating the affairs of such companies and the conduct of their directors.
• Further gathering and evaluating of evidence regarding misconduct and breaches of relevant legislation.
• Deciding on the viability of issuing applications for disqualification of directors, drafting of affidavits in support of disqualification applications in terms of The Company directors disqualification Act 1986 and liaising with solicitors as to the final form of affidavits for issuing in court.
• Drafting reports to creditors in bankruptcies and liquidations.
• Investigating the conduct of persons against whom bankruptcy orders have been made with a view to their possible prosecution.

Lawyer at Brindley Twist Tafft & James LLP
  • United Kingdom
  • January 2004 to July 2004

• Acting for the Secretary of State for Trade and Industry on Director
Disqualification proceedings.
• Drafting instructions to Counsel.
• Attending Conference with Counsel and client.
• Drafting witness statements.
• Drafting various applications.
• Completing the Claim form, drafting of Statements of Case and expert witness summons’
• Compiling trial bundles.
• Advising clients on the enterprise Act and the changes brought about by its implementation
• Ensuring service of claim form as well as exhibits.
• Perusing of affidavits and suggesting amendments
• Negotiating Costs with the defendants.
• Negotiating undertakings with defendants for the reduction in the period of disqualification.
• Taking proceedings against former officers of a company for misfeasance, wrongful trading or breach of duty.
• Dealing with all aspects of insolvency, both personal and corporate;
• Attending hearings in open Court, conducting the hearing in person or behind Counsel;
• Obtaining Disqualification orders on behalf of the DTI and ensuring service of disqualification orders.
• Advising on how to oppose applications for interim orders as well as the drafting notice to oppose petition for bankruptcy or liquidation.
• Advising on finance and security issues
• Loan and debt recovery both secured and unsecured
• Advising on setting aside preferences and transactions at an undervalue
• Advising on all legal issues arising out of liquidation.

Trainee lawyer at Hennie Stander Attorneys
  • South Africa
  • March 1999 to October 2000

• Sole conduct of files, including the taking of instructions from clients, drafting of all pleadings and notices, preparing of disclosure documents and drafting of affidavits.
• Advising on a redemption and repurchase of certain shareholdings
• Advising on and assisting in the appointment of Administrative Receivers,
Liquidators and Administrators;
• Acting for the listed exhibitions company on a court approved reduction of share capital.
• Sole conduct of files, including the taking of instructions from clients, drafting of all pleadings and notices, preparing of disclosure documents and drafting of affidavits.
• Representing clients in the High court in opposed and unopposed Motion Court proceedings, and drafting the relevant affidavits.
• Negotiating of agreements of settlement with Financial Institutions and drafting of same.
• Consultations and negotiations with and without counsel. Attended conferences before Judge in Chambers. Drafting instructions to counsel.
• Advising clients on different business entities and the effect of Company Law, Partnership Law, Close Corporation Law and the Law of Trusts on such entities, and assisting clients in establishing their chosen business entity.

Education

Diploma, Business Rescue
  • at University of South Africa
  • July 2013
Master's degree, Business Administration
  • at University of Stellenbosch Business School
  • December 2010

A part time MBA

Bachelor's degree, Law
  • at University of the Free State
  • December 1999

A 4 year law degree

Specialties & Skills

International Business Law
Real Estate Disputes
Arbitration
Contractual Disputes
Contract Writing

Languages

English
Expert
Afrikaans
Expert
German
Beginner

Memberships

Law Society of England and Wales
  • Solicitor
  • November 2004

Training and Certifications

BProc (Certificate)
Date Attended:
January 1995
Valid Until:
November 1999