CR Amanya Advocates & Solicitors

CR Amanya Advocates & Solicitors

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Many people have lost their properties to banks and lending entities. Unfortunately the property is often sold off a much lower value and the owner loses out completely. There is even no "balance" for the borrower after the property has been sold.

Read on and learn how not to lose out completely.

Banks not allowed to sell property privately without the borrower’s consent - Cramanya Advocates https://cramanya.com/banks-not-allowed-to-sell-property-privately-without-the-borrowers-consent/
We are honoured to be nominated in the Best Law Practice of the Year Category in the Women in Law Awards, 2021 alongside such formidable entities. It is a recognition of the great strides we have made. We thank our clients and team that have made this possible. Onwards and Upwards.... the best is yet to come. #womeninlaw #ugandalawsociety #CRAA #doingbusinessinuganda
Our Managing Partner Mrs. Claire Amanya Rukundo- Kakeeto, will be speaking to the Youth of Rotaract Club of King Caesor University today at 5pm about attaining financial freedom and personal development. Join in https://zoom.us/j/97368037089?pwd=SW4vQ29Jc2pKVDdHZWhFLzUvaGpjZz09.
We held a Celebration of Life Event to honour the life of the Late Counsel Angella Vivian Kahairwe. We were joined by Angella's friends and family. There was plenty to eat and drink.

Ms. Lindsey Nzeyi and Mr. Alfred Elwa, of Break Free Treatment & Rehabilitation Centre led us through Group Grief Therapy. It was amazing and therapeutic to share stories about Angella and listen to testimonies of lives she touched. Her strong love for her God just can't be denied, love for podcasts, ritual of waking up at 5am and her strict nature.

We thank the Lord for the gift of Angella and we are all invited go emulate her example and live a good and meaningful life.

Rest in Peace Counsel Angella Vivian Kahairwe.
CR. Amanya Advocates & Solicitors mourns the loss of its Associate, Counsel Angella Vivian Kahairwe, which occurred last evening on the 21st September 2021. May the soul of our sweet Angella rest in peace.
Is Adultery a Criminal Offence in Uganda?

Section 154 (1) of the Penal Code of Uganda states that any man who has s*xual in*******se with any married woman not being his wife commits adultery. The punishment is imprisonment not exceeding 12 months or a fine of UGX 200/= up to UGX 1200/=. Section 154(2) of the Penal Code goes further to state that any married woman who has s*xual in*******se with any man not being her husband commits adultery and is liable on first conviction to a caution by the court and on subsequent conviction to imprisonment not exceeding six (6) months.

Therefore, the law provided that married women who had s*x with other men save for their husbands were guilty of adultery. Also only married men could be aggrieved in the case of adultery. An aggrieved husband would be compensated with up to Ugx 1200/= but an aggrieved woman got nothing whose husband was cheating got no compensation. The law was mostly unfair to women as it provided for imprisonment for being adulterous while cheating men with married women could pay a small fine.

Previously it used to be common to see women taken to Police after being caught in flagrante delicto (A Latin phrase that means someone being caught during the act of a crime or s*xual act). Rarely did such cases progress to court. It was mainly for purposes of intimidation and embarrassing the cheaters.

Luckily for women in Uganda, in 2007, the Constitutional Court in Law and Advocacy for Women in Uganda Vs Attorney General, Constitutional Petition No. 13/05 and 05/06, Section 154 of the Penal Code and other provisions of the Succession Act were declared unconstitutional. Five justices of the Constitutional Court led by Hon. Justice Amos Twinomujuni found the provision to be discriminative against women and inconsistent with the Constitution of the Republic of Uganda.

Therefore, adultery in Uganda is no longer a crime that requires the involvement of police. One can merely use it as a ground for divorce. It remains a crime though in some countries like Rwanda, Hawaii, Afghanistan and a cheater can face jail time or monetary fines.

EDIT: CRAA would like to apologise for any feelings hurt. We have taken down the picture.
PROSECUTE HIM OR THE CASE IS DISMISSED. The clock is ticking for the government of Uganda in the money laundering case against Nicholas Opiyo. Details of this are discussed here https://cramanya.com/the-clock-is-ticking-for-the-government-in-counsel-nicholas-opiyos-case/
On 20th August 2021, Bank of Uganda (Hereinafter referred to as “BOU”) issued a circular notifying financial institutions of a proposal to increase the minimal capital requirements for supervised financial institutions including commercial banks, credit institutions and micro deposit taking institutions (hereinafter referred to as “SFI’s).

Currently the minimal paid up share capital requirements for SFI’S are as follows:

Tier 1 Commercial Banks UGX 25bn, this was last reviewed in 2010,
Tier II Credit Institutions UGX 1bn, this last revised in 2004, and
Tier III Microfinance Deposit Taking Institutions (MDI’s) UGX 500m, last revised in 2003.

The new proposal for increment of minimum paid up share capital requirements is as follows:

Tier I to be increased from UGX 25bn to UGX 150bn,
Tier II to be increased from UGX 1bn to UGX 25bn, and
Tier III to be increased from UGX 500M to UGX 10bn.

Based on the 2020 Audited financial statements of SFIs’ 10 out of the 25 Banks and Tier 1 players already met this new proposed requirement. While in Tier II, two out of five meet the proposed new requirement. In Tier III, three out of four meet the proposed new capital requirements.

The Proposed Increment is not intended to take immediate effect and will give the non-complaint entities a three-year grace period i.e. timeline in which to raise their minimum capital levels to meet the new thresholds.

The Rationale of this proposal

According to Bank of Uganda’s Executive Director, Dr. Tumubweinee Twinemanzi, the rationale of this proposal is that the real value of the current minimum capital requirement has been eroded over time and needs to be aligned with macroeconomic developments (GDP growth, inflation, and UGX/USD exchange depreciation over a number of years). Additional Bank of Uganda is proposing to align capital with financial system developments including changes in regulation, growth in assets and risk exposure. There is also need to enhance domestic capacity to finance Uganda’s growing economy. Furthermore, There is need to enhance Uganda’s banking industry competitiveness in the East African community. Uganda’s minimum capital requirements of Ugx 25bn equates to USD 6.8m whereas Kenya and Tanzania are at USD 10m with the former proposing to move to USD 50m. Rwanda is at USD 25M, South Sudan is at USD 30M and Zambia is at USD 20M (with USD 100M for foreign banks).

Therefore, whereas it is clear that the proposal will cause some discomfort to some of the banks’ shareholders especially those with share capital below the threshold, there are several benefits to both the financial services industry and the wide economy to be realized. These include:

Higher capital enables banks to increase their lending capacity including the single borrower’s limit.

Ugandan banks will start comparing favourably with their peers in the region and giving themselves a chance to compete.

More Ugandan banks will have positioned themselves better to take advantage of opportunities in the oil and gas sector as most of the funding requirements necessitate large capital bases.

A lot of the syndicated deals done offshore through regional and head office structures will now be done onshore as the local banks will now have the capital. This improves visibility to Uganda Revenue Authority and increased revenue collection.
The regional banks that do not meet this threshold will be compelled to increase their investment in Uganda.

This can also be an opportunity for the growth of our capital markets as banks can take a leaf from their Kenyan counterparts to leverage domestic capital markets to address capital funding requirements. This would give Ugandans a massive opportunity in banks and MDI’s.

Notwithstanding the above possible benefits, we are likely to see more mergers, sales, and acquisitions of SFIs’ as was the case in Nigeria when Governor of Central Bank of Nigeria Mr. Lamido Sanusi raised minimum capital requirements in 2009. This was part of wider reforms introduced in the banking sector of Nigeria that resulted in fewer players with stronger capital and balance sheets with a muscle to move out into the region. We at CR. Amanya Advocates & Solicitors (CRAA) therefore welcome and support this proposal. #CRAA

For this and our other publications, check out https://cramanya.com/increase-of-minimum-capital-for-banks-and-mdis-is-it-a-good-thing-or-a-bad-thing/?preview_id=7735&preview_nonce=24a2405335&_thumbnail_id=7736&preview=true
Our Harold Turigye will be speaking to four @rotaract clubs this evening on issues pertinent to all including finances, development and legal awareness. You are all welcome to listen in. Thank you Harold. Continue mentoring and supporting the youth. #CRAA #craaprobono
Highlight of the week: Our Managing Partner, Mrs. Claire Amanya Rukundo - Kakeeto, will be speaking at the 4th Annual Law Conference of Uganda Law Society. We wish her all the very best.

CR. Amanya Advocates & Solicitors is a full service law firm located in Kampala, Uganda. They are also Commissioners for Oaths and Notaries Public.

They mainly specialise in corporate and commercial law, litigation and dispute resolution, land and family. CR Amanya Advocates & Solicitors is a law firm located in Kampala, Uganda. As a full service law firm, our areas of expertise include; Commercial and Business law, Corporate law, Criminal and Civil litigation, Family law, Adoption law, Arbitration among others. Our clientele is both local and international.

Operating as usual

Banks not allowed to sell property privately without the borrower’s consent - Cramanya Advocates 24/11/2021

Banks not allowed to sell property privately without the borrower’s consent - Cramanya Advocates

Many people have lost their properties to banks and lending entities. Unfortunately the property is often sold off a much lower value and the owner loses out completely. There is even no "balance" for the borrower after the property has been sold.

Read on and learn how not to lose out completely.

Banks not allowed to sell property privately without the borrower’s consent - Cramanya Advocates https://cramanya.com/banks-not-allowed-to-sell-property-privately-without-the-borrowers-consent/

Banks not allowed to sell property privately without the borrower’s consent - Cramanya Advocates The continuing effect of the COVID-19 pandemic is evident in the unending downsizing of human resource and salary-cuts while a number of enterprises continue to close shop altogether...

08/11/2021

We are honoured to be nominated in the Best Law Practice of the Year Category in the Women in Law Awards, 2021 alongside such formidable entities. It is a recognition of the great strides we have made. We thank our clients and team that have made this possible. Onwards and Upwards.... the best is yet to come. #womeninlaw #ugandalawsociety #CRAA #doingbusinessinuganda

We are honoured to be nominated in the Best Law Practice of the Year Category in the Women in Law Awards, 2021 alongside such formidable entities. It is a recognition of the great strides we have made. We thank our clients and team that have made this possible. Onwards and Upwards.... the best is yet to come. #womeninlaw #ugandalawsociety #CRAA #doingbusinessinuganda

25/10/2021

Our Managing Partner Mrs. Claire Amanya Rukundo- Kakeeto, will be speaking to the Youth of Rotaract Club of King Caesor University today at 5pm about attaining financial freedom and personal development. Join in https://zoom.us/j/97368037089?pwd=SW4vQ29Jc2pKVDdHZWhFLzUvaGpjZz09.

Our Managing Partner Mrs. Claire Amanya Rukundo- Kakeeto, will be speaking to the Youth of Rotaract Club of King Caesor University today at 5pm about attaining financial freedom and personal development. Join in https://zoom.us/j/97368037089?pwd=SW4vQ29Jc2pKVDdHZWhFLzUvaGpjZz09.

Photos from CR Amanya Advocates & Solicitors's post 21/10/2021

We held a Celebration of Life Event to honour the life of the Late Counsel Angella Vivian Kahairwe. We were joined by Angella's friends and family. There was plenty to eat and drink.

Ms. Lindsey Nzeyi and Mr. Alfred Elwa, of Break Free Treatment & Rehabilitation Centre led us through Group Grief Therapy. It was amazing and therapeutic to share stories about Angella and listen to testimonies of lives she touched. Her strong love for her God just can't be denied, love for podcasts, ritual of waking up at 5am and her strict nature.

We thank the Lord for the gift of Angella and we are all invited go emulate her example and live a good and meaningful life.

Rest in Peace Counsel Angella Vivian Kahairwe.

22/09/2021

CR. Amanya Advocates & Solicitors mourns the loss of its Associate, Counsel Angella Vivian Kahairwe, which occurred last evening on the 21st September 2021. May the soul of our sweet Angella rest in peace.

CR. Amanya Advocates & Solicitors mourns the loss of its Associate, Counsel Angella Vivian Kahairwe, which occurred last evening on the 21st September 2021. May the soul of our sweet Angella rest in peace.

14/09/2021

Is Adultery a Criminal Offence in Uganda?

Section 154 (1) of the Penal Code of Uganda states that any man who has s*xual in*******se with any married woman not being his wife commits adultery. The punishment is imprisonment not exceeding 12 months or a fine of UGX 200/= up to UGX 1200/=. Section 154(2) of the Penal Code goes further to state that any married woman who has s*xual in*******se with any man not being her husband commits adultery and is liable on first conviction to a caution by the court and on subsequent conviction to imprisonment not exceeding six (6) months.

Therefore, the law provided that married women who had s*x with other men save for their husbands were guilty of adultery. Also only married men could be aggrieved in the case of adultery. An aggrieved husband would be compensated with up to Ugx 1200/= but an aggrieved woman got nothing whose husband was cheating got no compensation. The law was mostly unfair to women as it provided for imprisonment for being adulterous while cheating men with married women could pay a small fine.

Previously it used to be common to see women taken to Police after being caught in flagrante delicto (A Latin phrase that means someone being caught during the act of a crime or s*xual act). Rarely did such cases progress to court. It was mainly for purposes of intimidation and embarrassing the cheaters.

Luckily for women in Uganda, in 2007, the Constitutional Court in Law and Advocacy for Women in Uganda Vs Attorney General, Constitutional Petition No. 13/05 and 05/06, Section 154 of the Penal Code and other provisions of the Succession Act were declared unconstitutional. Five justices of the Constitutional Court led by Hon. Justice Amos Twinomujuni found the provision to be discriminative against women and inconsistent with the Constitution of the Republic of Uganda.

Therefore, adultery in Uganda is no longer a crime that requires the involvement of police. One can merely use it as a ground for divorce. It remains a crime though in some countries like Rwanda, Hawaii, Afghanistan and a cheater can face jail time or monetary fines.

EDIT: CRAA would like to apologise for any feelings hurt. We have taken down the picture.

The clock is ticking for the government in Counsel Nicholas Opiyo’s case - Cramanya Advocates 13/09/2021

The clock is ticking for the government in Counsel Nicholas Opiyo’s case - Cramanya Advocates

PROSECUTE HIM OR THE CASE IS DISMISSED. The clock is ticking for the government of Uganda in the money laundering case against Nicholas Opiyo. Details of this are discussed here https://cramanya.com/the-clock-is-ticking-for-the-government-in-counsel-nicholas-opiyos-case/

The clock is ticking for the government in Counsel Nicholas Opiyo’s case - Cramanya Advocates If there is someone having sleepless nights these days, it is the Prosecutor in the matter of Nicholas Opiyo Vs Uganda, Criminal Case No. 106 of 2020. You all remember that case on 22nd December 2020 when Nicholas was arrested from a restaurant in Kamokya and social media was awash with #freeNichola...

03/09/2021

On 20th August 2021, Bank of Uganda (Hereinafter referred to as “BOU”) issued a circular notifying financial institutions of a proposal to increase the minimal capital requirements for supervised financial institutions including commercial banks, credit institutions and micro deposit taking institutions (hereinafter referred to as “SFI’s).

Currently the minimal paid up share capital requirements for SFI’S are as follows:

Tier 1 Commercial Banks UGX 25bn, this was last reviewed in 2010,
Tier II Credit Institutions UGX 1bn, this last revised in 2004, and
Tier III Microfinance Deposit Taking Institutions (MDI’s) UGX 500m, last revised in 2003.

The new proposal for increment of minimum paid up share capital requirements is as follows:

Tier I to be increased from UGX 25bn to UGX 150bn,
Tier II to be increased from UGX 1bn to UGX 25bn, and
Tier III to be increased from UGX 500M to UGX 10bn.

Based on the 2020 Audited financial statements of SFIs’ 10 out of the 25 Banks and Tier 1 players already met this new proposed requirement. While in Tier II, two out of five meet the proposed new requirement. In Tier III, three out of four meet the proposed new capital requirements.

The Proposed Increment is not intended to take immediate effect and will give the non-complaint entities a three-year grace period i.e. timeline in which to raise their minimum capital levels to meet the new thresholds.

The Rationale of this proposal

According to Bank of Uganda’s Executive Director, Dr. Tumubweinee Twinemanzi, the rationale of this proposal is that the real value of the current minimum capital requirement has been eroded over time and needs to be aligned with macroeconomic developments (GDP growth, inflation, and UGX/USD exchange depreciation over a number of years). Additional Bank of Uganda is proposing to align capital with financial system developments including changes in regulation, growth in assets and risk exposure. There is also need to enhance domestic capacity to finance Uganda’s growing economy. Furthermore, There is need to enhance Uganda’s banking industry competitiveness in the East African community. Uganda’s minimum capital requirements of Ugx 25bn equates to USD 6.8m whereas Kenya and Tanzania are at USD 10m with the former proposing to move to USD 50m. Rwanda is at USD 25M, South Sudan is at USD 30M and Zambia is at USD 20M (with USD 100M for foreign banks).

Therefore, whereas it is clear that the proposal will cause some discomfort to some of the banks’ shareholders especially those with share capital below the threshold, there are several benefits to both the financial services industry and the wide economy to be realized. These include:

Higher capital enables banks to increase their lending capacity including the single borrower’s limit.

Ugandan banks will start comparing favourably with their peers in the region and giving themselves a chance to compete.

More Ugandan banks will have positioned themselves better to take advantage of opportunities in the oil and gas sector as most of the funding requirements necessitate large capital bases.

A lot of the syndicated deals done offshore through regional and head office structures will now be done onshore as the local banks will now have the capital. This improves visibility to Uganda Revenue Authority and increased revenue collection.
The regional banks that do not meet this threshold will be compelled to increase their investment in Uganda.

This can also be an opportunity for the growth of our capital markets as banks can take a leaf from their Kenyan counterparts to leverage domestic capital markets to address capital funding requirements. This would give Ugandans a massive opportunity in banks and MDI’s.

Notwithstanding the above possible benefits, we are likely to see more mergers, sales, and acquisitions of SFIs’ as was the case in Nigeria when Governor of Central Bank of Nigeria Mr. Lamido Sanusi raised minimum capital requirements in 2009. This was part of wider reforms introduced in the banking sector of Nigeria that resulted in fewer players with stronger capital and balance sheets with a muscle to move out into the region. We at CR. Amanya Advocates & Solicitors (CRAA) therefore welcome and support this proposal. #CRAA

For this and our other publications, check out https://cramanya.com/increase-of-minimum-capital-for-banks-and-mdis-is-it-a-good-thing-or-a-bad-thing/?preview_id=7735&preview_nonce=24a2405335&_thumbnail_id=7736&preview=true

On 20th August 2021, Bank of Uganda (Hereinafter referred to as “BOU”) issued a circular notifying financial institutions of a proposal to increase the minimal capital requirements for supervised financial institutions including commercial banks, credit institutions and micro deposit taking institutions (hereinafter referred to as “SFI’s).

Currently the minimal paid up share capital requirements for SFI’S are as follows:

Tier 1 Commercial Banks UGX 25bn, this was last reviewed in 2010,
Tier II Credit Institutions UGX 1bn, this last revised in 2004, and
Tier III Microfinance Deposit Taking Institutions (MDI’s) UGX 500m, last revised in 2003.

The new proposal for increment of minimum paid up share capital requirements is as follows:

Tier I to be increased from UGX 25bn to UGX 150bn,
Tier II to be increased from UGX 1bn to UGX 25bn, and
Tier III to be increased from UGX 500M to UGX 10bn.

Based on the 2020 Audited financial statements of SFIs’ 10 out of the 25 Banks and Tier 1 players already met this new proposed requirement. While in Tier II, two out of five meet the proposed new requirement. In Tier III, three out of four meet the proposed new capital requirements.

The Proposed Increment is not intended to take immediate effect and will give the non-complaint entities a three-year grace period i.e. timeline in which to raise their minimum capital levels to meet the new thresholds.

The Rationale of this proposal

According to Bank of Uganda’s Executive Director, Dr. Tumubweinee Twinemanzi, the rationale of this proposal is that the real value of the current minimum capital requirement has been eroded over time and needs to be aligned with macroeconomic developments (GDP growth, inflation, and UGX/USD exchange depreciation over a number of years). Additional Bank of Uganda is proposing to align capital with financial system developments including changes in regulation, growth in assets and risk exposure. There is also need to enhance domestic capacity to finance Uganda’s growing economy. Furthermore, There is need to enhance Uganda’s banking industry competitiveness in the East African community. Uganda’s minimum capital requirements of Ugx 25bn equates to USD 6.8m whereas Kenya and Tanzania are at USD 10m with the former proposing to move to USD 50m. Rwanda is at USD 25M, South Sudan is at USD 30M and Zambia is at USD 20M (with USD 100M for foreign banks).

Therefore, whereas it is clear that the proposal will cause some discomfort to some of the banks’ shareholders especially those with share capital below the threshold, there are several benefits to both the financial services industry and the wide economy to be realized. These include:

Higher capital enables banks to increase their lending capacity including the single borrower’s limit.

Ugandan banks will start comparing favourably with their peers in the region and giving themselves a chance to compete.

More Ugandan banks will have positioned themselves better to take advantage of opportunities in the oil and gas sector as most of the funding requirements necessitate large capital bases.

A lot of the syndicated deals done offshore through regional and head office structures will now be done onshore as the local banks will now have the capital. This improves visibility to Uganda Revenue Authority and increased revenue collection.
The regional banks that do not meet this threshold will be compelled to increase their investment in Uganda.

This can also be an opportunity for the growth of our capital markets as banks can take a leaf from their Kenyan counterparts to leverage domestic capital markets to address capital funding requirements. This would give Ugandans a massive opportunity in banks and MDI’s.

Notwithstanding the above possible benefits, we are likely to see more mergers, sales, and acquisitions of SFIs’ as was the case in Nigeria when Governor of Central Bank of Nigeria Mr. Lamido Sanusi raised minimum capital requirements in 2009. This was part of wider reforms introduced in the banking sector of Nigeria that resulted in fewer players with stronger capital and balance sheets with a muscle to move out into the region. We at CR. Amanya Advocates & Solicitors (CRAA) therefore welcome and support this proposal. #CRAA

For this and our other publications, check out https://cramanya.com/increase-of-minimum-capital-for-banks-and-mdis-is-it-a-good-thing-or-a-bad-thing/?preview_id=7735&preview_nonce=24a2405335&_thumbnail_id=7736&preview=true

CR. Amanya Advocates & Solicitors on Twitter 30/08/2021

CR. Amanya Advocates & Solicitors on Twitter

Our Harold Turigye will be speaking to four @rotaract clubs this evening on issues pertinent to all including finances, development and legal awareness. You are all welcome to listen in. Thank you Harold. Continue mentoring and supporting the youth. #CRAA #craaprobono

CR. Amanya Advocates & Solicitors on Twitter “Our @HaroldTurijay will be speaking to four @rotaract clubs this evening on issues pertinent to all including finances, development and legal awareness. Thank you Harold. Continue mentoring and supporting the youth. #CRAA #craaprobono”

Photos from CR Amanya Advocates & Solicitors's post 24/08/2021

Highlight of the week: Our Managing Partner, Mrs. Claire Amanya Rukundo - Kakeeto, will be speaking at the 4th Annual Law Conference of Uganda Law Society. We wish her all the very best.

06/08/2021

Is your employment contract legal and enforceable under Ugandan law? Read full article here https://bit.ly/employmentcontract-CRAA #CRAA

Is your employment contract legal and enforceable under Ugandan law? Read full article here https://bit.ly/employmentcontract-CRAA #CRAA

04/08/2021

According to the revised contingency measures by the Judiciary to prevent and mitigate the spread of COVID-19, evictions, arrests and detention of judgement debtors should not be carried out for now. This means that landlords, money lenders, bailiffs and others cannot evict or arrest anyone who is owed money. #CRAA

According to the revised contingency measures by the Judiciary to prevent and mitigate the spread of COVID-19, evictions, arrests and detention of judgement debtors should not be carried out for now. This means that landlords, money lenders, bailiffs and others cannot evict or arrest anyone who is owed money. #CRAA

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