Expertise

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Expertise

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HKN Represents & Interacts

HKN represents and interacts with national and international banks and other financial institutions with respect to all aspects of banking, foreign exchange regulation, repatriation, tax and accounting. On the advisory side, legal assistance is rendered on drafting and advising on project proposals, credit facilities, financing and security packages, sponsorship agreements, guarantees, letters of credit and other legal aspects of corporate financing. On the contentious side, banking and non-banking financial institutions are represented in matters of recovery of finance and/or enforcement of securities before appropriate tribunals/Courts.

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HKN has a strong client-base

HKN has a strong client-base in the construction sector. It has been involved in the mega project for the construction of the New General Headquarters of the Pakistan Army. The Firm has the ability to render legal advice in matters involving operation, maintenance and initial engineering, procurement and construction, drafting, negotiating and advising on contracts as per FIDIC forms and practices and the models adopted by the Pakistan Engineering Council. Practical understanding of export and import controls and the various registrations, licensing and other relevant legal requirements adds value to the assistance rendered.

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HKN has strong capability

HKN has strong capability with supporting infrastructure to render advice on specialized corporate and commercial matters, such as formulating corporate and transaction structures, incorporations and registrations, dissolutions and winding up, corporate governance, mergers and acquisitions, competition law, Islamic modes of investment and finance, licensing and regulation, exchange and repatriation controls, insurance and taxation, including sales tax, excise and customs duties.

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HKN has distinctive understanding

HKN has distinctive understanding of all issues involving competition law and regulation. Advocates at HKN were involved in the drawing up of the draft legislative instruments of the erstwhile Competition Ordinance, 2007, HASSAN KAUNAIN NAFEES LEGAL PRACTITIONERS & ADVISERS which later on became the Competition Act, 2010. Some of the competition law team at HKN was absorbed within the Competition Commission of Pakistan.

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Assistance to Clients in dispute resolution

Assistance to Clients in dispute resolution and arbitration is another aspect of HKN’s practice. Partners have been engaged in prominent arbitration and other dispute resolution procedures involving projects of national importance, including representation in matters before the ICSID, LCIA and ICC. Experience in contentious and non-contentious matters provides the right blend to appropriately assist Clients in effective and expeditious resolution of disputes.

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Employment/Labour and service matters

Employment/Labour and service matters, including litigious representation, are routinely handled by HKN, and Clients are assisted in formulating, drafting and/or revising their employment policies and procedures. Advice on issues arising out of or related to retrenchment, secondment, deputation and other matters relating to employer/employee rights and obligations such as old age benefits, social security, severance and other compliances is also rendered.

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The Government of Pakistan announced

The Government of Pakistan announced its revised policy in 2002 (generally for thermal and hydel) and the 2006 Policy for alternative resources, both of which provide incentives for private, public-private as well as public sector projects and encourages exploitation of indigenous resources, including hydel, coal, gas and renewable sources. Incentives include tax rebates, including upon import of machinery not manufactured locally. Based upon the capacity of a project, “one window” support organizations have been set up the Government to assist investors. Presence in Islamabad lends due proximity in dealings with the Private Power & Infrastructure Board and the Alternative Energy Development Board, and the controlling ministries to better assist its Clients. Furthermore, familiarity with the applicable regulatory regime, and the intricate legal issues involved, including constitutional and other concerns pertaining to hydel projects set up in Azad Jammu & Kashmir, enables HKN to render focused and quality advice.

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HKN also provides legal support and assistance

HKN also provides legal support and assistance in matters relating to various registrations relevant to corporate bodies, including in particular for securing intellectual property rights with respect to trademarks, trade names, HASSAN KAUNAIN NAFEES LEGAL PRACTITIONERS & ADVISERS www.hkn.com.pk 7 patents, copyrights. Court actions for enforcement and protection of such rights are also taken upon the instructions of Clients.

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HKN has developed a distinct capability

HKN has developed a distinct capability of providing advice and legal services to both local and foreign development and philanthropic initiatives in and outside Pakistan. While routinely involved in advising and assisting private non-profit sector ventures including structuring and registration of trusts, societies and companies having diverse objectives, the Partners have been involved in prominently national initiatives on social sector reform and the representation of international and governmental aid agencies with respect to their administrative and project related activities in Pakistan.

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Advocates at HKN have the requisite expertise

Advocates at HKN have the requisite expertise in handling privatization transactions for all stakeholders, including the bidders, the acquirers and the financial consultants within the overall policy and legislative framework governing the privatization process, and have been involved in projects in the industrial, financial, irrigation, telecommunication and energy sectors. Assistance provided includes the provision of legal services relating to divestitures, including, inter alia, restructuring, deregulation, sale and transfer of assets, shares, concessions, franchises, public offerings, drafting and negotiation of financial advisory agreements, bid documents, legal sections of information memoranda, share/asset sale agreements, guarantees and confidentiality agreements and post privatization matters.

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HKN has broad-based expertise

HKN has broad-based expertise in regulatory, statutory, policy, community and administrative matters and advises foreign as well as domestic investors, sponsors and financiers in matters of financing and participation in all sectors of the state economy. Advocates at HKN are familiar with various financing and transaction structures adopted in Pakistan, including those developed by the World Bank, the IFC and other multi-lateral agencies. Based on their experience and understanding of international trends, HKN is prepared to assist Clients in evolving innovative and pragmatic transaction structures.

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In the wake of rapid corporatization of business

In the wake of rapid corporatization of business in Pakistan, property law has assumed new importance. Archaic legislation is frequently required to be reconciled with prevalent requirements and considerations. HKN provides HASSAN KAUNAIN NAFEES LEGAL PRACTITIONERS & ADVISERS thorough and accurate analysis and assistance to a variety of Clients in matters pertaining to the sale and purchase of urban and rural property, acquisition of land for infrastructure or other large scale projects, including lease or license arrangements for establishment of BTS or other installations.

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HKN provides a complete range of services

HKN provides a complete range of services and assistance in relation to issue and dealings in securities and provides a unique perspective on the regulation of primary and secondary markets, including market intermediaries.

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The Firm has developed a broad capability

The Firm has developed a broad capability in the dynamic fields of telecommunications and information technology. HKN advises on telecommunication and information technology matters, including satellite communications; provision of Internet-based services; setting-up of software houses; regulatory framework, satellite-based services, internet-based services, voice over internet protocol (“VoIP”); E-banking; data communications; encryption; import, installation, operation and maintenance of telecommunication equipment, and cable TV

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The Firm has developed a unique capability

The Firm has developed a unique capability to advice public sector and private sector enterprise to work together in developing large scale projects on PPP basis. HKN has readily available resource for the development of transactional documents for effective delivery of PPP projects. To this end, HKN has vast experience in undertaking due diligence in all legal aspects.

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