Angola
1. Are freezing orders (or their equivalent referred to below) available in civil legal proceedings in this jurisdiction and what is their effect?
Yes. A freezing order consists of a judicial order in respect of assets (within the jurisdiction). However, the freezing order does not prevent the respondent from dealing with the assets covered by a freezing order, save for in respect of those assets in which the applicant has an interest. If the respondent sought to dispose of an asset in which the applicant has an interest, that transaction does not bind the applicant and the Court will treat it as if it did not take place.
2. Are other interim orders commonly made in conjunction with a freezing (or equivalent) order?
No. Typically, the applicant must identify the respondent’s assets which are to be the subject of the freezing order. In exceptional circumstances, the applicant may request that the Court notifies certain public authorities in order to identify the respondent’s assets.
3. Briefly what is the relevant legal test?
The applicant must prove the following conditions:
(i) the probability of the existence of the debt; and
(ii) the risk of that debt not being paid (for example, dissipation for the purposes of frustrating or preventing the satisfaction of a judgment or award).
The applicant must also indicate those assets it wishes to be subject of the freezing order.
4. Briefly what is the process for obtaining a freezing (or equivalent) order?
The applicant must file an application before the Court, setting out the relevant facts, providing the relevant documents and witness evidence to set out how the legal requirements are met. The application is made without notice to the respondent.
After a freezing order is granted, the respondent is summoned and may challenge and/or appeal the freezing order.
5. Does the applicant have to provide any form of security or commit to compensation if its claim is ultimately unsuccessful and any freezing (or equivalent) order granted causes loss and damage to the respondent?
Not as a general rule. However, the Court may order a deposit guarantee before granting a freezing order. If the freezing order is deemed unjustified or expires as a result of the applicant’s negligence, the applicant may be considered liable for damages caused.
6. Can it be sought against third parties?
Yes. The freezing order may affect assets owned by the respondent which are in the possession of third parties.
The applicant may add a third party to the proceedings where it has good reason to believe that the respondent’s assets have been transferred to or are registered in a third party’s name, as an attempt to evade the applicant’s application.
7. What assets are covered by a freezing (or equivalent) order?
As a general rule, any tangible or intangible assets belonging to the respondent, which are within the jurisdiction. The applicant must set out which assets it wishes to be frozen. The Court will only grant a freezing order over assets up to the value of the applicant’s claim.
8. Can a freezing (or equivalent) order be made in support of substantive proceedings abroad?
Yes, where there is a convention or treaty to which Angola is a party.
9. Can a freezing (or equivalent) order be made in support of arbitration proceedings or awards?
Yes.
10. At what stage of proceedings can a freezing (or equivalent) order be sought?
At any stage, including prior to commencing the claim (although this triggers a requirement on the applicant to issue a claim).
11. Are there typically any exceptions to the general prohibition on the respondent’s use of assets subject to a freezing (or equivalent) order?
Yes. A respondent may not be deprived of its earnings that are necessary for ordinary living expenses and for legal expenses.
12. What happens after a freezing (or equivalent) order is granted?
The Court will take the necessary procedural steps, for example, registration, notifications to banks and/or third parties or physical apprehension of the assets to implement the freezing order.
Following this, the respondent is summoned and may challenge/appeal the freezing order.
13. Who pays the costs of the application for a freezing (or equivalent) order?
The applicant will pay the Court fee when making its application. When the Court makes its assessment about whether it is to grant a freezing order, it will confirm which party is to bear the costs (comprising Court fees and other disbursements, but not including lawyer’s fees).
14. What protections are there typically in a freezing (or equivalent) order for third parties to such orders?
Where a freezing order affects a third party’s assets, the third party may challenge the freezing order and argue their legitimate rights over the assets affected by it.
15. What are the consequences of breach of a freezing (or equivalent) order?
A respondent who disobeys a freezing order may be charged with a “crime of disobedience”. A third party may also be charged with a “crime of disobedience” where they knowingly help or permit the respondent to breach the terms of the freezing order.
16. Does a third party notified of (but not a party to) a freezing (or equivalent) order owe a duty of care to the applicant (meaning it can be liable to the applicant for non-compliance)?
A third party may be held liable by way of separate civil claim, in circumstances where they knowingly help or permit the respondent to breach the terms of the freezing order.
17. Can a freezing (or equivalent) order be enforced abroad?
In principle, if there is a convention or treaty to which Angola is a party. Generally, the Angolan Courts are not competent to issue freezing orders affecting assets located abroad.
18. Can freezing (or equivalent) orders from overseas jurisdictions be enforced in this jurisdiction?
In general no, unless permitted by a convention or treaty to which Angola is a party.
Contact
Rodrigo Barbosa-Souto Partner Eversheds Sutherland FCB Lisbon, Portugal rbarbosasouto@eversheds-sutherland.net www.eversheds-sutherland.com
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