Practice areas

Commercial companies and groups of companies

Our services in this area are aimed at preventing any future litigation that could disrupt business development.

Our experience includes consulting before the establishment and structuring of the company, drafting of articles of incorporation and other corporate documents, assisting in the establishment of new companies and the formation of joint ventures, branches, representative offices, work units, drafting of the necessary documents for the Trade Register.

Our law firm offers legal assistance services regarding the ways of organizing and carrying out the activity to be developed in Romania from the perspective of establishing the appropriate legal form by referring to the way of organizing the activity within the group, as well as by referring to the nature of the activity to be developed.

These legal consultancy services consist in the drafting of comparative analyzes between the forms of company allowed in accordance with Romanian legislation, highlighting their specific characteristics, advantages and disadvantages, as well as the drafting of legal comparisons between carrying out the activity through a subsidiary and a branch .

We provide legal assistance services for restructuring (mergers, divisions, liquidations; these projects take into account both the regulations of commercial company law, as well as labor law or other branches of law, depending on the specifics of each business), including the drafting of documents and fulfilling the formalities related to the restructuring of the company/group of companies.

We offer consultancy and legal assistance regarding the functioning of corporate bodies of commercial companies, both those organized in a dualistic and unitary system, as well as assistance regarding the rights and obligations of administrators. We also offer legal assistance and consultancy in each of the stages of dissolution and liquidation of commercial companies and branches, and legal assistance with the deletion of commercial companies/branches.

In addition, our services will include representation before public authorities, government ministries and agencies, the Trade Register, courts, tax authorities, the Financial Supervisory Authority, etc.

Fiscal and commercial disputes

The services of our lawyers consist of assistance provided to clients during tax inspections and/or in any matters arising from day-to-day activity regarding fiscal and fiscal procedure aspects, various taxes and contributions regulated by the Fiscal Code (VAT, reverse invoicing, profit tax, including aspects related to transfer pricing, withholding tax, excise duties, contributions, income tax, local taxes, etc.), contributions to the Environment Fund, customs regime.

We offer our clients assistance before the European Court of Justice in the procedure of preliminary questions or before the European Court of Human Rights, as well as in the proceedings regarding the violation of community law at the European Commission.

Assistance in public procurement litigation regarding the prior notification procedure addressed to the contracting authority regarding the violation of legal provisions, regarding the awarding of public procurement contracts and assistance in the administrative-jurisdictional procedure before the National Council for the Resolution of Appeals.

We also provide assistance before the competent courts regarding the formulation of appeals against the results of the awarding procedures and the decisions of the National Council for the Resolution of Appeals, to defend the interests of the tenderer who was awarded the contract or to defend the interests of the contracting authority.

In commercial disputes, including arbitration and alternative dispute resolution, the law firm provides assistance to clients involved in disputes regarding the execution of commercial contracts, in various disputes regarding unfair competition, in various commercial disputes.

We provide assistance to our clients in civil disputes, real estate disputes, land registry disputes, intellectual and industrial property rights disputes, regarding the use of trademarks and industrial designs.

Our lawyers have the ability to deal with complex cases before the Romanian courts, including the High Court of Cassation and Justice, the Constitutional Court and the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania. Our services will include consulting on resolution strategy, drafting notices, and assisting in the negotiation and arbitration process.

The law firm also has experience in legal assistance for the recognition and enforcement in Romania of foreign judgments and arbitral awards.

Legal assistance in real estate transactions

Our real estate expertise covers all aspects of property development, sales, acquisitions, leasing and real estate project financing systems. Our lawyers advise developers, buyers and sellers, owners and tenants in connection with the development of real estate projects, purchase, sale of real estate, consulting in connection with rental contracts for office space, production and storage space, construction and design contracts, including the negotiation of such agreements. Our advice ranges from reviewing the legal situation of the property and drafting the sale-purchase or other necessary documents to assisting the client before the competent authorities and obtaining the necessary permits and approvals.

Our lawyers make legal analysis reports for both the buyer and the seller based on legal documents and records certifying the title to land and buildings, legal advice for the sale-purchase of real estate, legal advice in relation to the structuring of partnerships and of other real estate investments.

We offer legal assistance for the financing and refinancing of real estate projects, including the review and drafting of the necessary documentation and assistance during negotiations with financiers, legal advice during the development of real estate projects, as well as legal assistance in relation to town planning regulations and authorizations, building permits, technical and environmental.

Drafting of a variety of contracts and documents related to the development of real estate projects such as: joint venture contracts, rental contracts, management contracts.

Public Procurement

The law firm provides assistance regarding relevant public procurement procedures, legal services for economic operators, consultancy regarding the interpretation and application of public procurement and public-private partnership (PPP) legislation, assistance for the completion of public procurement procedures/ concessions/PPPs, drafting requests for clarifications, assistance in selection and evaluation, negotiation, conclusion and execution of the contract.

We provide assistance for the implementation of projects financed from public funds, assistance and representation in dispute resolution procedures (regulatory authority and courts), in the financing and privatization of projects and in the structuring of companies with mixed capital.

In this field, we provide legal services for contracting authorities, consulting on the interpretation and application of public procurement legislation, legal assistance in the preparation of award documentation in accordance with the applicable legislation, legal assistance in the awarding of public procurement/concession contracts, legal assistance for the negotiation, conclusion and execution of public procurement and public-private partnership contracts, legal assistance and representation before the National Council for the Resolution of Appeals and the courts in relation to litigation regarding public procurement.

Financial Services and Capital Markets

We provide legal assistance to companies in connection with the drafting and negotiation of financing documentation for syndicated loans contracted for the development of real estate projects.

We offer consultancy to banks to ensure compliance with banking regulations, consultancy in connection with the legislation on the guarantee of transactions, for the drafting of guarantee contracts and the registration of guarantees, for the drafting of loan contracts and other documents concluded by banks with clients and for the drafting of loan contracts concluded by companies from the same group. Assistance given to banks in order to implement specific banking products.

The law firm provides assistance and legal advice during registration as non-banking financial institutions at the National Bank of Romania and the Trade Register, legal advice given to non-banking financial institutions regarding compliance with the regulations of the National Bank of Romania and legal advice regarding the activities that may be carried out by non-banking financial institutions (insurance intermediation, operational leasing, etc.).

We provide legal advice on various aspects related to the operation of insurance companies, the review of insurance contracts, on the analysis of insurance contracts and relations with insurance companies during legal audit projects.

Assisting clients in the implementation of public offers of securities on the capital market in Romania, consisting of: assistance in the preparation of documentation; structuring contractual arrangements; consultancy regarding the requirements imposed by the regulatory procedures; consultancy regarding public offers of securities on the capital markets outside Romania; consultancy and legal assistance in the listing of securities on regulated markets.

We provide legal advice on the possibility of listed companies to issue and subsequently redeem tradable bonds before maturity.

Assistance in the negotiation and drafting of sales-purchase contracts, consultancy in order to ensure compliance with the regulations issued by the Financial Supervision Authority.

Energy

We provide legal assistance and consultancy in relation to the trading, production, distribution, transmission, supply of electricity.

We provide legal assistance and consultancy on renewable energy, including the development of wind and photovoltaic energy projects.

Consultancy given to the main players on the Romanian market in relation to reorganization procedures and the structuring of complex transactions (including the drafting and negotiation of transaction documents), consultancy in relation to the relevant Ministry, the National Energy Regulatory Authority, OPCOM SA, the Commission European and the Agency for the Cooperation of Energy Regulatory Authorities.

Legal assistance and consultancy in the drafting and negotiation of various industry-specific contracts regarding licensing, concession, exploration, drilling, storage, energy transmission, distribution contracts (farm-in/farm-out, joint venture, exploration and development contracts, concession for exploitation, etc.).

Legal assistance and representation given to the main players on the Romanian market in disputes regarding specific issues in the field of energy.

Health Law

We provide services that refer in particular to the drafting of contracts specific to these matters, such as those concluded with drug suppliers, agreements or protocols, the drafting of trade fund acquisition contracts of some pharmacies, the provision of legal advice on the interpretation and application of the legislation in these areas in specific situations.

Legal assistance to patients in the field of medical malpractice, by finding the best strategies in order to respect and capitalize on the rights to health, drafting complaints, assisting and representing before the College of Physicians or the National Health Center.

We also provide legal assistance in the event of interference by public authorities or the state in the right to health and the right to life of our clients. In these cases, we offer legal advice in the form of drafting actions or complaints for the protection of these rights.

Criminal Law and Criminal Business Law

We have extensive experience in criminal matters, both for legal entities and for individuals involved in criminal proceedings. We offer legal assistance both in the preparatory part of the criminal process, as well as in the phase of criminal prosecution and the trial phase.

The law firm offers legal assistance in criminal law to individuals and legal entities, regardless of the capacity held in the file, namely suspect, defendant, civilly responsible party, injured person or civil party.

With the acquired experience behind us, our law firm is ready to provide specialized services before prosecutors’ offices and courts, throughout the country and at the European level.

Our concrete activity includes the entire range of legal documents, starting with the formulation of the defense strategy, followed by the drafting of specific documents: complaints, requests, memoranda, exceptions, as well as their support before the judicial bodies.

The legal assistance provided to clients covers all phases of the criminal process, from criminal investigation, to trial on the merits, in the ordinary and extraordinary ways of attack and execution, including in procedures involving preventive measures, such as preventive or house arrest, the measure of judicial control or insurance measures, respectively seizure, confiscation.

We also have extensive experience in reporting to the Constitutional Court with exceptions of the unconstitutionality of the Government’s laws and ordinances, to the High Court of Cassation and Justice with the pronouncement of preliminary rulings for resolving some legal issues, to the Court of Justice of the European Union with the pronouncement of preliminary judgments and of the European Court of Human Rights in the event of violation of the fundamental rights and freedoms provided for by the Convention.

The law firm is specialized in representing the interests of companies in criminal proceedings aimed at holding legal entities criminally liable, as well as in procedures for the recovery of damages caused by the commission of crimes.

We have the specialization and rich experience in the area of criminal charges against companies regarding tax evasion and money laundering, abuse of service offenses in the energy and banking fields, crimes related to the capital market, embezzlement, crimes against the law of commercial companies, crimes related to security in work etc.