Example / When the office is engaged to represent a client in matters relating to capital markets or securities in Kuwait, the strategy is structured by the following guiding principles:
I- Comprehensive Planning: At the outset, we develop a clear strategy that defines the client’s objectives, identifies the applicable regulations, and determines the required legal and compliance measures. This plan aligns with Kuwait’s current legal framework, including:
Capital Markets Law (Law No. 7 of 2010, as amended), governing securities trading, market practices, and disclosure obligations.
Regulations issued by the Capital Markets Authority (CMA), including rules on public offerings, insider trading, and corporate governance.
And the Companies Law (Law No. 1 of 2016), as it relates to listed entities and shareholder rights.
II- Stage-by-Stage Progression: The process is approached in clearly defined stages: 1- Pre-transaction or pre-compliance review: Assessing regulatory obligations, financial disclosures, and risk management. 2- Regulatory submissions or approvals: Preparing filings, notices, or applications to the CMA or other authorities. 3- Execution and monitoring: Ensuring compliance during capital raising, securities issuance, listing, or trading activity. 4- Post-transaction reporting and enforcement: Monitoring ongoing disclosure obligations, corporate governance compliance, and any potential enforcement actions.
III- Full Coverage of Procedures: The strategy encompasses all procedural steps, from regulatory approvals to reporting and dispute management, including corporate compliance, shareholder engagement, and CMA oversight.
IV- Prioritization: Priority is given to time-sensitive regulatory filings, disclosure compliance, and risk areas that could trigger sanctions, penalties, or reputational damage.
V- Costs and Duration: The plan includes a clear estimation of expected costs, fees, and timelines for regulatory approvals, filings, or transactions.
VI- Decision to Proceed: A final decision to execute transactions or take legal steps is made only after confirming compliance with all procedural and regulatory requirements.
VII- Legal Report: A comprehensive legal report is prepared summarizing regulatory obligations, compliance measures, potential risks, and recommended actions.
VIII- Consultation: The client is engaged throughout the process to review strategic options and confirm the most suitable legal course of action.