Checklist: structuring a prepayment to an African state-owned enterprise
- Verify the legal capacity of the state-owned enterprise to contract, the parliamentary or governmental authorisations required and the state guarantees.
- Analyse the sustainability of the commitment for the country, taking into account its total debt, its dependence on resources and price-decline scenarios.
- Document the terms of the loan — amount, rate, discounts, fees, maturity, volumes — in full and provide for their publication in accordance with the applicable transparency requirements.
- Check the conditions under which the contract was awarded and the absence of corruption, including by verifying intermediaries and the links between executives and politically exposed persons.
- Provide for clauses adjusting volumes or maturities in the event of sharp price movements, so as to avoid an unsustainability that would harm both parties.
- Ensure that the funds disbursed are paid into official accounts and, as far as possible, allocated to identified uses.
- Coordinate the transaction with anti-money laundering obligations, sanctions regimes and the analyses of the international financial institutions.
For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of September 2025.