Clarke Ey Koria Lawyers

Samoa’s company law has distinct regimes for domestic and international entities. The domestic companies law was overhauled in the early 2000s to create a modern regime based on New Zealand law. With the advent of Samoa’s online companies registry, company incorporation and maintenance is streamlined and efficient. The international company regime, administered by the Samoa International Finance Authority, provides investment vehicles that operate outside Samoa. Clarke Ey Koria has significant expertise in corporate transactional and advisory work, including acquisitions and reorganisations, due diligence, corporate governance and officer liability, in addition to disputes. We regularly advise on commercial contracting, regulatory compliance, licensing and competition law across various commercial sectors. Our experience and common sense-approach means we offer realistic advice and commercial solutions to reduce risk and meet transaction timeframes.

Family law poses unique challenges in Samoa, with only some aspects of the legal framework being modernised. We can help you navigate through difficult issues such as separation, divorce, property and custody arrangements. We also regularly assist local and overseas clients with adoption matters.

The administration of estates can be complex, with intergenerational arrangements and land arrangements. Our practice regularly assists clients with the administration of complex estates. We also take a proactive approach to succession planning through wills.

Samoa closely regulates the sale, leasing and financing of freehold land to non-Samoans and non-resident Samoans. Land dealings frequently trigger exchange control and tax issues. Transactions with customary land and government land involve extensive dealings with traditional land owners and government agencies. New mechanisms, such as unit title, are emerging. Unforeseen risks and delays are common. Clarke Ey Koria Lawyers manage these issues for clients through experience, advisory skills, clear documentation and strong relationships. We have extensive experience representing foreign investors, tourism developers, financiers, local businesses and individuals across our real estate practice.

Samoan employment law is a combination of statute and common law. Sound advice is essential to minimise the risk of disputes. Clarke Ey Koria regularly advises on employment arrangements, including contract drafting, employee share schemes, occupational health and safety, employee handbooks, workplace accidents and dispute resolution. We also help clients with immigration matters and work permits.

Dispute resolution in Samoa includes litigation and alternatives such as mediation. Arbitration is still developing as a form of dispute settlement, while litigation in the Samoan courts can pose particular challenges in terms of time and cost. Cross-border contracts need to carefully address jurisdiction and dispute resolution clauses. Clarke Ey Koria has a diverse litigation practice across all levels of Samoa’s courts. We regularly represent clients in disputes relating to corporate matters, property, insurance, insolvency and criminal law. We focus on delivering timely and cost-effective results.

Trade marks, copyright, patents and other rights are regulated in Samoa through a modern regulatory regime. Significant changes in this area flow from Samoa’s membership of international regimes such as the Madrid Protocol and Patent Cooperation Treaty, and associated implementation issues. Clarke Ey Koria has significant expertise in this area, having assisted government to draft the Intellectual Property Act 2011 and related regulations. We are a leading filer with the Intellectual Properties Registry. We regularly work with international firms to respond to administrative actions, file oppositions and resolve disputes.