PORTUGUÊSWe operate in various areas of law and consultancy, including labor, civil, commercial, administrative, fiscal law, ISO consultancy, and sworn translations.
F.A.Q
General
What are SD&MP's practice areas?
Where is SD&MP located?
We are based in Chimoio, Mozambique, but establish clients nationwide through our digital channels and partners.
How can I schedule a consultation?
You can schedule a consultation through our contact form on the website, by email, or phone. Our team will contact you to confirm the appointment.
What are the types of employment contracts in force in Mozambique?
The Labor Law (Law no. 23/2007) provides for indefinite-term, fixed-term, and uncertain-term contracts. The rule is the indefinite-term contract, with fixed-term contracts permitted only in exceptional and temporary situations.
How does the labor disciplinary process work?
The disciplinary process must strictly follow the law, including the accusation phase (note of guilt), the worker's defense, and the final decision. Failure to comply with deadlines or formalities can lead to the nullity of the dismissal and reinstatement of the worker.
Is it mandatory to hire foreign workers through quotas?
Yes. The general regime defines quotas (5% for large companies, 8% medium, and 10% small). Outside of quotas, a specific work authorization is required, demanding proof of technical skills not available in the national market.
How long does it take to incorporate a company?
With process simplification, incorporation can take 3 to 10 business days, depending on complexity. SD&MP expedites this process by handling all documentation at the One-Stop Shop (BAU) and Notaries.
What is required for trademark registration?
Registration is done with the IPI (Industrial Property Institute). It requires availability verification, filing specific forms, and payment of fees. Protection is territorial and valid for 10 years, renewable.
What are the tax obligations of a new company?
Companies must obtain a NUIT, register for VAT (if applicable) and IRPC. They must also submit monthly and annual returns and make tax payments such as IRPS (withholding tax) and Social Security (INSS).
How to resolve disputes with the Tax Authority?
The law provides for administrative claims and hierarchical appeals before judicial action. SD&MP acts in the defense of taxpayers, ensuring that legal deadlines and procedures are respected to avoid undue tax executions.
Can foreigners own land in Mozambique?
Land in Mozambique is state property and cannot be sold. However, foreigners with approved investment projects can obtain a DUAT (Right of Land Use and Benefit) valid for up to 50 years, renewable.
How does the process of recognizing foreign judgments work?
For a foreign judgment (e.g., divorce or debt collection) to have effect in Mozambique, it must be reviewed and confirmed by the Supreme Court of Mozambique, in a process that verifies compliance with national public order.
Legal
What is the importance of ISO 9001 certification for local companies?
ISO 9001 certification attests to the quality of management processes. For companies supplying large projects (Megaprojects) in Mozambique, this certification is often a mandatory prerequisite for tenders (Local Content).
How long does an ISO implementation project take?
It depends on the size and complexity of the company, but generally ranges from 6 to 12 months. Our methodology includes diagnosis, training, process documentation, and simulated audits before final certification.
What gives legal validity to a translation in Mozambique?
A simple translation has no legal value. To be valid in court or public institutions, the translation must be done by an authorized Sworn Translator and, often, notarized.
Do you handle document legalization for use abroad?
Yes. We handle document certification at the Ministry of Foreign Affairs and Consulates (Hague Apostille or Consular Legalization), ensuring your Mozambican documents are accepted internationally.
How to challenge a public tender in Mozambique?
The Public Procurement Law allows for complaints and hierarchical appeals in case of violation of tender rules. It is fundamental to act within 5 days of notification of the decision to avoid losing the right to appeal.
What are Public-Private Partnerships (PPP)?
These are long-term contracts between the State and private entities to ensure investment and management of public services or infrastructure. They are governed by Law no. 15/2011 and require complex legal and financial structuring.
What guarantees are required for corporate bank financing?
The most common guarantees are real estate mortgages, commercial pledges (inventory, equipment), and guaranteed promissory notes. SD&MP supports the structuring and registration of these guarantees to expedite access to credit.
How to claim fair compensation from insurance?
In case of a claim, it is vital to document everything and notify the insurer within the policy deadline. If the insurer unjustifiably refuses payment, our team acts in negotiation and litigation against the insurer, based on ISSM norms.
How does SD&MP support company restructuring?
We analyze the company's financial and legal health, negotiate with creditors (banks, suppliers, State), and propose recovery plans that allow business continuity while protecting administrators from personal liabilities.
What is "Board Advice"?
It is direct advice to Boards of Directors and Management. We participate in strategic meetings to provide immediate opinion on the legality and risks of commercial decisions, acting as an external "General Counsel".
What is the Local Content Law?
Although dispersed across various legislations (mining, petroleum), the Local Content requirement obliges large investors to hire goods and services from Mozambican companies. We help your company certify and qualify to take advantage of these opportunities.
