Clyde & Co in Africa

Helping businesses navigate opportunities and risk across the whole of Africa

Contents

06. Regional footprint

08. Africa expertise

10. Services

14. Sectors

20. Team

Africa has always been an important market for our clients, and we have supported their interests and activities on the continent for over two decades. With a long track record of working on some of the largest projects in the region, the experienced teams at Clyde & Co have advised on matters across over 50 African jurisdictions. We have been advising clients across Africa for over twenty years combining our deep local insight of the continent with strong international experience. We are recognised for our ability to assist local and international businesses wherever they are based in Africa, and helping them grow and protect their operations across Africa. Our clients are able to access legal, regulatory and commercial advice across every African jurisdiction through a combination of our seven offices in key hubs across Africa: Dar es Salaam, Nairobi, Accra, Kumasi, Cape Town and Johannesburg, and our wider Regional Resource Network. There is no doubt that Africa will be a key engine for global growth over the next 30 years. With resource-rich countries, rapid economic growth, increasing political stability and an entrepreneurial environment, local and international companies are seeing clear investment opportunities across the continent.

Our Regional Resource Network is coordinated through our 190+ staff based across Africa’s key hubs.

In addition, our Africa-focused specialists in London, Paris, and Dubai have a wealth of experience advising clients investing in Anglophone and Francophone African countries.

If you would like to know more about how Clyde & Co can support your activities in Africa, please do not hesitate to get in touch.

Peter Kasanda Chair, Clyde & Co Africa Committee peter.kasanda@clydeco.co.tz +255 767 850 054

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Regional footprint

Helping businesses navigate opportunities and risks across the whole of Africa

Accra

Kumasi

Key

Clyde & Co offices

Clyde & Co’s associated offices

Clyde & Co’s Regional Resource Network

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Our clients are able to access legal, regulatory and commercial advice across every African jurisdiction through a combination of our offices and wider Regional Resource Network. Our Regional Resource Network is coordinated through our 200+ staff based across Africa’s key hubs. We are recognised for our ability to assist local and international businesses wherever they are based in Africa, and helping them grow and protect their operations across Africa.

7 Offices

50+ African jurisdictions we can provide legal and commercial advice

20+ 20 years in Africa

38 Partners

Over a third of females make up our Africa partnership

Our South African office is an accredited Level 1 Broad-Based Black Economic Empowerment (B-BBEE) contributor

130+ Legal professionals

200+ Total staff

Our Africa expertise

Services

Commercial

Insolvency & Reorganisation

Commercial Disputes

Intellectual Property

Corporate

International Arbitration

Cyber Risk

Projects & Construction

Data Protection & Privacy

Real Estate

Employment & Immigration

Regulatory & Investigations

Finance

Technology, Outsourcing & Data

Global Recoveries

Sectors

Aviation

Infrastructure

Education

Insurance & Reinsurance

Energy & Natural Resources

Marine

Healthcare

Retail & Consumer

Hospitality

Trade & Commodities

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Our awards

Band 1 rankings Insurance – South Africa General Business Law – Tanzania Chambers Global 2024

Tier 1 rankings Financial & Corporate - Tanzania Project Development - Tanzania IFLR1000 2023

Band 1 ranking Leading Firms - Tanzania Legal 500 EMEA 2024

Litigation and Dispute Resolution Team of the Year – Large Practice African Legal Awards 2022 South Africa

Recommended for M&A and Capital Markets - Debt IFLR1000 2024 - Egypt

Recognised in the 2022 Africa Top 50 law firms Law.com International – Africa Top 50 2022

Tanzania Law Firm of the Year Chambers and Partners Africa Awards 2023

Clyde & Co handles energy and infrastructure projects across the continent. The firm is well versed in advising on investments in, and the financing of, energy projects and offers additional expertise in relation to PPPs

Chambers Global 2024 Africa-wide, Projects & Energy

Corporate and Advisory Over the past decade, record levels of domestic and cross-border transactions, coupled with a significant increase in African-led acquisitions and Africa-focused private equity funds, have transformed the business landscape across the continent. This rapid evolution has prompted regulators to implement new regimes that align with international best practices.

We offer a range of technical and practical regulatory advice across the continent, alongside in-house legal and compliance teams, helping our clients stay abreast of new laws and regulations while protecting their business interests. By providing proactive, practical and commercially- focused advice, we help our clients achieve their ambitions and strategic objectives in a cost-effective way, assisting them in realising their investments, gaining access to new markets through organic growth and strategic acquisitions. Our clients include African and international companies, private equity houses, regional conglomerates, financial institutions and governments. They operate in Africa across all industry sectors, including insurance, energy, natural resources, marine, aviation, projects, technology and financial services.

Our teams of experienced corporate and contentious professionals provide multi-disciplinary advice across the full spectrum of business activity, ranging from transactional M&A and private equity to regulatory, compliance and corporate services. We have particular expertise advising on financial services related compliance, consumer protection, data protection, privacy and financial crime, including fraud, bribery and money laundering.

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Client highlights

Acquisition of a ready-mix mortars manufacturer serving the construction industry in Egypt

Establishment of insurance businesses in 9 African jurisdictions

Advising Saint-Gobain on its 100 per cent acquisition of United Paints and Chemicals S.A.E. ("Drymix"), being one of the largest ready-mix mortars manufacturers which offers a large portfolio of products, services and training programmes for craftsmen in Egypt.

Advising a major international insurer on all aspects of its expansion across nine countries in Africa, including Kenya and Tanzania.

POPIA compliance assessments

Tanzania's largest mining contractor

Performing in-depth POPIA compliance assessments for a leading South African automotive group.

Advising Taifa, Tanzania's largest mining contractor, on its acquisition of 50 per cent of Petra Diamonds’ holding in Tanzania’s Williamson Diamond Mine.

Advising Monarch Insurance on its disposal of a majority equity stake to Holmarcom

Ascent Capital Africa on its exit from Guardian Health Ltd

Advising Monarch Insurance, a major Kenyan underwriter, on its disposal of a majority equity stake to Moroccan conglomerate, Holmarcom.

Advising Ascent Capital Africa, on its exit from Guardian Health Ltd, Uganda’s largest and fastest growing pharmacy chain, to MyDawa Trading Limited, Kenya’s first online retail pharmacy and beauty platform. This deal was also awarded East Africa Private Equity Deal of the Year by DealMakers Africa Awards 2023.

Adenia Partners and Africa Biosystems

Advising Adenia Partners, one of the largest pan-African private equity funds, on its USD 20 million acquisition of Africa Biosystems Limited – the region’s largest healthcare/life sciences distributor.

Pre-IPO financing for a large mining client in South Africa

Acquisition of Tanzania’s largest dairy company

Advising a large mining client on several rounds of pre- IPO/IPO financing around a coal resource in South Africa.

Advising Dutch Oak Tree Foundation, a UK registered charity, on its acquisition of shares in Tanga Fresh Limited, the largest dairy company operating in Tanzania.

Divestment of North African insurance assets

Tax advisory to a local shipping subsidiary

Advising one of the largest Saudi Arabian insurance companies on its divestment of assets across the Middle East & North Africa, particularly Algeria.

Provided tax advisory services to the local subsidiary of a shipping company involving a tax decision of GHS 84,000,000.

Dispute Resolution The increase in investment and projects across Africa in recent years has also given rise to disputes. International arbitration is becoming the preferred dispute resolution mechanism, as most agreements are governed by international law, alongside local courts that continue to play a key role.

We understand the different ways a dispute can be resolved, and are flexible enough to respond to our clients' needs. We are also adept at conducting complex arbitrations across the continent, swiftly mobilising teams to manage major disputes in all major arbitral centres and rules. We act for a wide range of clients on the full spectrum of disputes – from disaster-level events and big-ticket, cross-border disputes to general commercial litigation and local enforcement of international awards. We seek to minimise the pressures our clients face, leveraging our local presence and established relationships across Africa, as well as managing preferred local counsel in other countries.

Protecting our clients’ interests during litigation in the courts is a priority – and we are always mindful of the political context and the potential economic and publicity benefit in achieving early resolution where necessary. Recognised as ‘pre-eminent’ and ‘elite’ by the leading independent legal directories, we take a practical, commercially-minded approach to resolving disputes across the full range of sectors in which our clients operate.

Clyde & Co is well placed to advise clients on contractual disputes and injunction- related proceedings arising in sectors such as mining, insurance and energy

Chambers Global 2024 Africa-wide, Dispute Resolution

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Client highlights

Victory for plant-based meat producers in South Africa

Guinea telecommunications infrastructure dispute

Representing the Consumer Goods Council of South Africa in successfully stopping the seizure of meat analogue products (vegetarian and vegan products), and overturning a directive that banned them from using processed meat naming conventions.

Acting for a telecommunication infrastructure company in an ICC arbitration against the Government of Guinea in relation to a debt recovery.

Tanzania arbitration

Cameroon ICSID claim

Representing Heritage Oil in a multi-million pound international arbitration in Tanzania.

Successfully defeating an ICSID claim against the Republic of Cameroon by Hope Services LLC which aimed to gather donations to fund community projects in Cameroon.

Morocco ICC arbitration

Advising a Moroccan real estate developer in an ICC arbitration regarding the termination of a joint development and funding agreement.

Algeria whistleblowing claim

Nigeria ICC arbitration

Advising a leading Algerian headquartered oil and gas company on a whistleblowing and unfair dismissal tribunal claim.

Advising on an ICC arbitration relating to a joint venture dispute concerning an infrastructure project in Nigeria.

Gambia ICSID arbitration

Kenya salvage claim and ship arrest

Representing Carnegie Minerals (Gambia) Limited (Carnegie Minerals) in ICSID arbitration proceedings relating to The Gambia’s alleged wrongful termination of Carnegie Mineral’s mining interests (heavy mineral sands) in The Gambia and the seizure of its mining equipment and assets.

Advising a large international marine salvage company in a claim for unpaid salvage leading to the arrest of 277 cargo containers on a large marine vessel and the successful recovery of outstanding salvage.

Egypt ICC arbitration

Real estate disputes in a prime residential location in Ghana

Conducting an ICC arbitration in Cairo on behalf of a contractor in respect of a construction project in Alexandria.

Represented an international contractor in a real estate dispute relating to the construction of a high- rise building in a prime location in Ghana worth USD 22,000,000.

Aviation Air traffic in Africa is expected to double in the next 20 years, with modernisation of infrastructure and operations required as a result. The continued development of a reliable aviation industry that facilitates business, trade and tourism is crucial to the sustainability of Africa's economic growth.

We understand that with an expanding business aviation industry comes the increased need for, and investment in, fleets, airports and handling services. We are airline and aircraft operator focused, and operate through a single global practice group, allowing us to serve our clients where and when they need us in Africa. Our advice covers the full range of aviation issues, including major loss, emergency response and liability, baggage and cargo claims, as well as non-contentious work such as regulation, aircraft finance and leasing, and aircraft purchase and management.

Client highlights

South African Airways acquisition and leasing

Advising on the acquiring of 3 x A320s on an operating lease agreement basis to replace some of the exiting aircraft in SAA’s fleet as well as extending the current operating leases of 2 x A320 and 1 x A330 aircraft.

Kenya Airways / Tanzanian joint venture

Advising Kenya Airways in relation to various commercial agreements, including a joint venture in respect of a major Tanzanian airline.

Precision Air liability claims

Advising Precision Air and its insurers in respect of liability issues arising from the crash of Precision Air’s ATR-48 aircraft into Lake Victoria at Bukoba, Tanzania, on 6 November 2022.

Ethiopian Airlines liability claims

Advising Ethiopian Airlines and its insurers/ reinsurers in respect of multiple liability claims and a potential subrogated recovery action following a fire at Shanghai Pudong International Airport, China.

Kenya Airways and Cameroon liability claims

Advising on legal liability claims arising out of a Kenya Airways flight incident in Cameroon.

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Energy and Natural Resources As well as being home to an abundance of natural resources, including oil and gas, cobalt and precious stones, Africa is set to be at the forefront of renewable energy generation globally. As key African countries continue to liberalise their economies, major international players (including governments) are funding numerous projects throughout the continent.

Combining multi-disciplinary expertise across a number of areas, our energy specialists have been providing international and local legal support on a wide variety of energy generation in all regions of Africa for over 20 years, regardless of where our clients or their projects are based. We advise on all aspects of major power projects across generation, transmission and distribution, throughout the entire lifecycle – from planning, financing, procurement, design, construction, operation and maintenance through to post-completion disputes. We understand the pressures and challenges that developing complex projects entails, and we leverage our industry knowledge and technical expertise accordingly.

Client highlights

Sierra Leone infrastructure development project

Advising African Minerals on a major infrastructure development project in Sierra Leone, including a captive power plant and connecting rail infrastructure.

World’s largest nickel deposit project in Tanzania

Advised Kabanga Nickel on a binding framework agreement with the Government of Tanzania, for the development of the Kabanga Nickel Project.

Zambia copper mining arbitration

Representing the Government of Zambia through ZCCM (national copper mining company) in a multi- million pound international arbitration in Zambia.

Kenyan solar plant financing

Advising DEG, FMO and Proparco in relation to the financing of a 40MW on grid solar IPP in Kenya.

Insurance Africa is the second fastest-growing insurance market in the world, with a huge market for risk. Key players from the global market seek to exploit these untapped regional opportunities, along with exploring ventures in concentrated markets, as the continent experiences economic growth.

Understanding the insurance industry inside out is what marks Clyde & Co as Africa’s leading international insurance law firm, as well as South Africa’s premier insurance law firm. We advise on all lines of insurance and reinsurance, including financial lines and D&O, property and assets, professional indemnity, and casualty and public liability. Our sector specialists work with all of the major insurance companies on the African continent, supporting them on corporate insurance and regulatory matters, as well as handling claims across every line of insurance and reinsurance business. Our disputes experience in Africa is second to none, whether it is insurance, marine, or purely commercially related. We assist clients in resolving disputes by the most effective means, including negotiation, adjudication, conciliation, mediation, arbitration or litigation.

Client highlights

South Africa data breaches and ransomware incidents

Acting as breach and incident response counsel for significant data breaches and ransomware incidents in South Africa including in the healthcare, financial services, retail and manufacturing sectors.

International health insurer African expansion

Advising an international health insurer on setting up operations across nine African jurisdictions including drafting and reviewing of partnership and reinsurance agreements.

Insurance claims in Ethiopia, Uganda and South Sudan

Managing insurance claims for a multi-national insurer in Ethiopia, Uganda and South Sudan.

Insurtech offering

The firm represents a raft of leading insurance companies and financial institutions, with impressive experience advising on contentious coverage issues and non-contentious reinsurance matters

Advising on the establishment of an insurtech offering, including arrangements between the insurer and platform technology partner, and regulatory advice regarding the application of insurance regulations and data protection laws to the offering

External Counsel to Ghana's leading insurer

Advising a leading Ghanaian insurance company which underwrites all classes of non-life insurance such as motor insurance, marine insurance, fire and special perils and goods-in transit.

Chambers Global 2024 South Africa, Insurance

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Marine The maritime industry has always played a huge role in Africa’s economy and remains a growing industry. A key driver to the continued growth in this industry is the impact of the natural resources sector, where ‘pit to port’ and the transport of commodities, as well as agricultural goods, is seeing increased investment in port infrastructure.

Our shipping expertise covers the entire range of wet and dry contentious and non-contentious matters.

Client highlights

West Africa cargo loss/seizure

We act for owners and yards in negotiating building contracts for a wide range of vessels, as well as advising financiers, yards and owners on complex financing arrangements covering the cost of constructing and purchasing vessels. We also advise cargo insurers and their traders on shipbuilding policies and subcontractors’ liabilities. Having acted in some of the biggest shipbuilding disputes in the past 20 years, we understand the potential problems and work with clients to achieve the best commercial settlement.

Advising cargo insurers on coverage issues arising in relation to claims by the insured for loss/seizure/ misappropriation of rice and vegetable oil cargoes in West Africa.

Libya crude oil potential sanctions breach

Advising an owner in relation to a voyage order from charterers to load a crude oil cargo out of Libya, including as to whether the owner could comply with the voyage order without being in breach of sanctions.

MSC Napoli sinking and loss of over 2000 containers

Advising on the MSC Napoli, a container vessel which suffered structural damage whilst on a voyage from northwest Europe to South Africa laden with approximately 2,600 containers.

Projects & Construction With ongoing and upcoming projects, construction is the largest sector in Africa. Infrastructure is a key focus for African countries developing at a rapid rate, with major projects spread over 43 of Africa’s 54 countries.

Whether working with governments, international contractors, investors or consultants on privately or publicly procured projects, we have the critical mass, resources and depth of experience to handle complex infrastructure and construction projects, transactions or disputes across the continent. With significant capabilities in both the litigious and non-contentious aspects of construction work, we offer clients a rounded perspective – whether at the front end of developments or on the occasions when disputes occur. Our infrastructure sector specialism includes construction development (commercial property, hospitality, industrial and retail), energy (power & utilities, oil & gas, natural resources and renewables), social (education, healthcare, housing and regeneration) and transport (airports, ports, rail and road).

Client highlights

Mogadishu Port concession agreement

Advising the Republic of Somalia in the renegotiation and drafting of the Mogadishu Port concession agreement.

Kenya Mau Summit Highway Project

Advising Vinci Construction on the 175km (USD 1.6 billion) Mau Summit Highway Project.

Gambia Horizons Clinic

Advising the lenders in relation to the project financing of a hospital project (Horizons Clinic) in Gambia, including an Islamic finance tranche using an Ijarah structure.

Zanzibar's Ferry Terminal development

Advising Zanzibar Ferry Development Company on its Concession Agreement for the finance, design, construction and operation of a new Passenger Ferry and Ro-Ro Terminal in Zanzibar.

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The team provides comprehensive projects advice, including financing and environmental compliance, as well as advising on PPP mandates

Chambers Global 2024 Tanzania, General Business Law

Our team in Africa

Our partners are based full-time across seven offices and provide a full-service commercial offering in every area of law.

Cairo

Cape Town

Mohamed Barakat Corporate & Advisory mohamed.barakat@clydeco.com +201 27 771 1144 Sameh Dahroug Corporate & Advisory sameh.dahroug@clydeco.com +201 22 186 0888 Mostafa Elsakaa Corporate & Advisory mostafa.elsakaa@clydeco.com +201 00 410 7927 Sherif Maher Dispute Resolution sherif.maher@clydeco.com +201 01 573 5140

Corneli Basson Insurance & Reinsurance corneli.basson@clydeco.com +27 21 286 0362 Lauren Fine Dispute Resolution lauren.fine@clydeco.com +27 21 286 0378 Athol Gordon Insurance & Reinsurance athol.gordon@clydeco.com +27 21 286 0359 Arthur James Insurance & Reinsurance arthur.james@clydeco.com +27 21 286 0353 Morgan Riley Projects & Construction morgan.riley@clydeco.com +27 21 286 0379 Kate Swart Corporate & Advisory kate.swart@clydeco.com +27 10 286 0337

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Dar es Salaam

Peter Kasanda Projects & Construction peter.kasanda@clydeco.co.tz +255 767 850 054

Amalia Lui Corporate & Advisory amalia.lui@clydeco.co.tz +255 766 850 030

Gerald Nangi Dispute Resolution gerald.nangi@clydeco.co.tz +255 768 983 017 Aliko Simon Employment & Real Estate aliko.simon@clydeco.co.tz +255 768 983 004 Tenda Msinjili Banking & Finance tenda.msinjili@clydeco.co.tz +255 768 983 016

Johannesburg

Lee Astfalck Insurance & Reinsurance lee.astfalck@clydeco.com +27 10 286 0390

Deon Francis Insurance & Reinsurance deon.francis@clydeco.com +27 10 286 0325

Nicole Britton Corporate, Regulatory & Investigations nicole.britton@clydeco.com +27 10 286 0356

Alon Meyerov Projects & Construction alon.meyerov@clydeco.com +27 10 286 0338 Shané Ganswyk Insurance & Reinsurance shane.ganswyk@clydeco.com +27 10 286 0310 Mphengoa Phooko Insurance & Employment mphengoa.phooko@clydeco.com +27 10 286 3508 Reshana Pillay Insurance & Reinsurance reshana.pillay@clydeco.com +27 10 286 0368 Lucia du Plessis Insurance & Reinsurance lucia.duplessis@clydeco.com +27 10 286 0397

Wim Cilliers Insurance & Reinsurance wim.cilliers@clydeco.com +27 10 286 0359

Hickley Hamman Insurance & Reinsurance hickley.hamman@clydeco.com +27 10 286 0322 Daniel Le Roux Insurance & Reinsurance daniel.leroux@clydeco.com +27 10 286 0357 Tony Hardie Insurance & Reinsurance tony.hardie@clydeco.com + 27 10 286 0334

Christopher MacRoberts Insurance & Reinsurance christopher.macroberts@clydeco.com +27 10 286 0332

Ernie van der Vyver Corporate, Regulatory & Investigations ernie.vandervyver@clydeco.com +27 10 286 0326

Amelia Costa Insurance & Reinsurance amelia.costa@clydeco.com +27 10 286 0345

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Nairobi

Accra

Jared Kangwana (Jr) Corporate & Advisory jared.kangwana@clydeco.ke +254 11 009 7539 Mati Munuve Corporate & Advisory mati.munuve@clydeco.ke +254 74 878 5571 George Ndung'u Dispute Resolution george.ndungu@clydeco.ke +254 11 105 0270

Daniyal Abdul-Karim Dispute Resolution d.abdul-karim@legalinkonline.com +233 24 425 9932 Amina Ali Issaka Corporate & Advisory a.aliissaka@legalinkonline.com +233 20 809 4177 Akua Pokuaa Kwarteng Dispute Resolution a.kwarteng@legalinkonline.com +233 24 468 7785 Sammani M. Zachary Projects & Construction s.zachary@legalinkonline.com +233 24 426 3291

Kumasi

Kamil Mohammed Iddrisu Energy, Marine & Natural Resources k.mohammed@legalinkonline.com +233 55 831 6594

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Our international Africa team Our international team have significant expertise in Africa with a wealth of experience advising clients investing in Anglophone and Francophone African countries. If you have any questions about operating in Africa, please reach out to one of our key contacts below.

Alex Blomfield Projects & Construction, London alex.blomfield@clydeco.com +44 20 7876 6164 Hakim Berrah Corporate & Advisory, Dubai hakim.berrah@clydeco.ae +971 4 384 4500

John Morris Projects & Construction, London john.morris@clydeco.com +44 20 7876 4251

Anna Nerush Energy, Marine and Natural Resources, London anna.nerush@clydeco.com +44 20 7876 6857

Nadia Darwazeh Dispute Resolution, Paris nadia.darwazeh@clydeco.fr +33 1 44 43 88 90

Tonderai Nyandoro Dispute Resolution, Dubai tonderai.nyandoro@clydeco.com +971 4 384 4561

Wayne Jones Insurance and Reinsurance, Dubai wayne.jones@clydeco.com +971 4 384 4106

Tim Pipe Energy, Marine and Natural Resources, London tim.pipe@clydeco.com +44 20 7876 4159

David Leckie Energy, Marine and Natural Resources, Dubai david.leckie@clydeco.com +971 4 384 4279

Craig Rooney Aviation, London craig.rooney@clydeco.com +44 20 7876 4088

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490 Partners 2,400 Lawyers 3,200 Legal professionals 5,500 Total staff 60+ Offices worldwide*

clydeco.com

*Includes associated offices Clyde & Co LLP is a limited liability partnership registered in England and Wales. Authorised and regulated by the Solicitors Regulation Authority. *Includes associated offices Clyde & Co LLP is a limited liability partnership registered in England and Wales. Authorised and regulated by the Solicitors Regulation Authority.

© Clyde & Co LLP 2024 © Clyde & Co LLP 2025

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