Commercial Law

Legal consultancy and assistance concerning the incorporation of companies / self*employed persons / individual companies / family companies:

• drafting and certifying the company contracts and articles of incorporation;>
• drafting and certifying addenda;>
• registering the amendments;>
• creating business facilities, branches, representative offices, etc.>
• representation before the Trade Registry Office;>
• setting out the temporary registered office for companies in progress of incorporation or that move their registered office to Timisoara;>
• drafting various statements, requests, notices, etc. and certifying the identity of the parties, the content and the date of documents requested by the Trade Registry Office for registering a company;>
• fiduciary services made up of opening bank accounts on behalf of the clients;>
• acquiring operating licenses;>
• opening / closing business facilities / branches, agencies / permanent offices, representative offices;>
• appointing / revoking directors;>
• changing the registered office;>
• changing the name;>
• increasing / diminishing the share capital;>
• changing / completing the activity object;>
• NACE recoding;>
• selling / purchasing shares;>
• excluding shareholders;>
• calling for the director’s liability;>
• demerging a company;>
• winding up a company;>
• suspending the activity;>
• continuing the activity of a company with the legal successors;>
• drafting convening notes for the General Meeting of Shareholders, legal assistance during the General Meeting of Shareholders, drafting Decisions of the General Meeting of Shareholders, registering the Decisions of the General Meeting of Shareholders with the Trade Registry.>

Legal consultancy and assistance concerning the modifications that occur in the activity of companies

• legal consultancy and assistance in connection to the operation of corporate bodies of companies, these being those organized in a two>
• tier system, and those with one tier, as well as assistance concerning the rights and obligations of the directors;>
• legal consultancy concerning the rights of minority shareholders, proposing legal solutions concerning the remediation of negative net asset statements of the company;>
• legal assistance and consultancy concerning the manners and procedures of increasing and diminishing the share capital;>
• representation in the relation with the Trade Registry.>

Legal consultancy and assistance concerning the restructuration of company groups

• legal assistance for restructuring (such projects concern the legal regulations of the companies, as well as the labor law or other law branches, according to the specificity of each business), including drafting documents and fulfilling the formalities in connection to restructuring the company / companies group;>

Legal consultancy and assistance for the procedure of selling – purchasing companies

• verifying the legal status of the company that is subject matter of the transaction;>
• verifying the possible litigations in which the company that is subject matter of the transaction is involved;>
• performing an expertise of the company involved in the transaction in order to verify the possible debts it has before the state budget and other companies;>
• drafting a contract for assigning shares;>
• drafting the Decision of the General Meeting of Shareholders;>
• drafting the updated memorandum of association;>
• representing the company in its relation with the Trade Registry Office;>
• assistance in connection to the obligation to calculate, withhold and deposit the tax for the gain coming from transferring shares.>

Legal consultancy and assistance on dissolving and winding up the companies

• legal assistance and consultancy in each of the phases of dissolving and winding up the companies and their branches, drafting the necessary documents for the Trade Registry Office and legal assistance during the procedure of erasing the companies / branches from the trade registry.>

Recovering receivables

Legal assistance for recovering the receivables coming from:

• loans not reimbursed when due;>
• creating some pledges and mortgages;>
• paying some salaries;>
• paying some contractor works;>
• debts coming from inheritances;>
• debts coming from rental / sale – purchase agreements;>
• refusal of the client to pay the equivalent value of the goods delivered or services supplied;>
• refusal to pay some copyrights;>
• refusal to pay the selling price of shares;>
• refusal of insurance companies to pay the insured compensations;>
• acquiring detailed information connected to shareholders, directors, goodwill, possible securities created on the debtor’s assets;>
• verifying the existence of some other attempts to apply enforcement on the debtor’s wealth;>
• verifying the existence of a possible initiation of the insolvency procedure on the debtor;>
• drafting notices for the debtors;>
• amicably solving the litigations concerning the receivables by the mediation procedure;>
• legal assistance and representation during the enforcement procedure for the creditors and for the debtors.>

Legal assistance and representation in litigations such as:

• litigations concerning the breaching of the contractual rights or obligations;>
• litigations in the real estate and real estate investments domain;>
• litigations between landlords and tenants;>
• litigations in the intellectual property and industrial property domains;>
• litigations connected to competition;>
• litigations concerning the Decisions of the General Meeting of Shareholders;>
• litigations connected to the payment operations and payment guarantee made by checks, bills of exchange, promissory notes, letters of credit, bank guarantee letters, etc.>
• rendering checks and promissory notes enforceable, as well as other payment documents refused by the bank due to “available cash missing from the account”;>
• litigations between shareholders and business partners;>
• litigations connected to managing the commercial companies;>
• litigations in connection to calling for the director’s / shareholder’s liability due to fraud that damaged the company;>
• litigations concerning the exclusion of a shareholder from the company;>
• assistance for solving the conflicts between the shareholders.>

Legal assistance and consultancy in the bankruptcy / winding up procedure:

• legal assistance and consultancy for the insolvent / bankrupt commercial companies;>
• assistance granted to creditors of the bankrupt company in order for them to recover their receivables;>
• consultancy in order to avoid the situations of calling for the personal liability of directors / shareholders for the company;>
• legal assistance during the procedure of dissolving and winding up the commercial companies;>
• assistance in the process of transferring the assets on behalf of the debts of the insolvent company;>
• assistance in the process of selling the goods during the enforcement procedure;>
• assisting and representing the clients during the meetings of creditors, as well as within the procedures made by the judicial receiver / liquidator;>
• representing the clients during the negotiations concerning the payment commitments;>
• solving the challenges concerning the table of receivables;>
• assisting and representing the debtor’s interests in its relations with the creditors, judicial receiver / liquidator during the entire procedure;>
• representing the company in its relation with the possible purchasers of goods owned by the companies facing difficult financial situations>

Legal assistance and consultancy for real estate transactions. Due diligence services:

• assisting the client for any real estate transaction;>
• verifying the legality of the title deed of the real estate prior to the transaction;>
• verifying the possible litigations that concern the good, which is subject matter of the transaction;>
• assistance for negotiating the sale – purchase agreements;>
• drafting the sale – purchase promises / promissory agreements;>
• drafting sale – purchase, donation or exchange agreements;>
• drafting rental agreements;>
• legal assistance before the notary public at the time of signing the agreements.>

Other services:

• counseling services for assessing the decision>
• making risk for the current administration of the business;>
• legal assistance in the procedure of negotiating and drafting the agreements;>
• analyzing and endorsing the agreements sent by the client to be checked as regards their legality;>
• legal audit service in the case of sale – purchase agreements concerning the real estate;>
• legal assistance and representation for rendering enforceable and enforcing the court of law and arbitration decisions given in Romania;>
• legal assistance for acknowledging and enforcing in Romania the court of law and arbitration decisions given in other jurisdictions.>