Fasken acted for Mafuta, an indirect shareholder (through Straight KKM 2 Limited (“KKM”)) of a Canadian public company, Feronia Inc. (“Feronia”). Feronia, through a Belgium subsidiary and a Congolese subsidiary, operate a palm oil plantation in the Democratic Republic of Congo (“DRC”) employing over 8,000 employees in the Congo. The plantation is an important pillar of the local community in the DRC.
The case was involved in a complex, international structure with a Canadian public company, Belgian and Congolese subsidiaries and an operating business in the Congo wherein the government of the DRC held a minority position; in order to avoid disrupting the business, the assets of Feronia were marketed for sale by the proposed Proposal Trustee prior to the BIA filing and the purchaser was identified in the pre-filing process; and the selection of the purchaser was approved, and the transaction was effected, through contested court proceedings in the Supreme Court of British Columbia.
The team was led by Aubrey Kauffman and it includes Vanessa McMinn
The case was involved in a complex, international structure with a Canadian public company, Belgian and Congolese subsidiaries and an operating business in the Congo wherein the government of the DRC held a minority position; in order to avoid disrupting the business, the assets of Feronia were marketed for sale by the proposed Proposal Trustee prior to the BIA filing and the purchaser was identified in the pre-filing process; and the selection of the purchaser was approved, and the transaction was effected, through contested court proceedings in the Supreme Court of British Columbia.
The team was led by Aubrey Kauffman and it includes Vanessa McMinn