Company Restructuring
Mergers and demergers
The process of Merging companies is one of the most complex changes to the articles of association, which is why it is regulated exhaustively by the legislator in order to safeguard the various interests of the companies involved, namely those of the companies themselves, their partners or shareholders, creditors and employees.
The Merger of companies is one of the processes of company concentration. It involves the merger of two or more companies into a single company. It can take place through the global transfer of the assets of one or more companies to another, with the partners or shareholders of the merged companies being allocated quotas or shares in the remaining company, or through the incorporation of a new company, to which the assets of the merged companies are globally transferred, with the partners or shareholders of the merged companies being allocated quotas or shares in the new company, in compliance with the well-established principle of tax neutrality, thus avoiding the payment of large amounts of tax. The merger is organised as a merger by incorporation and a merger by incorporation.
The Demerger of a company consists of breaking up the corporate whole (assets and liabilities) held by the company in order to create one or more new and autonomous legal entities.
The Demerger is generally dictated by strategic reasons relating to the restructuring of companies, the regrouping of assets, the division and specialisation of activities, the detachment of part or all of a company's assets, and the demerger can take the form of a simple demerger, a Demerger-Dissolution and a Demerger-Merger.
In order to deal with these highly complex issues, which are of the utmost importance in the life of companies, we have a team of lawyers and consultants who are highly specialised in company restructuring and who have extensive experience in company Mergers and Demergers, often complemented by a shareholders' agreement between the partners, thus avoiding a large tax bill.
Tax Law
Have you received a notice or summons from the Tax and Customs Authority or is a tax inspection taking place at your company and you don't know what to do or how to react?
We can help you because we have extensive experience in tax litigation and we have a team of highly specialised lawyers and consultants in this area who will present you with the best legal solutions for your specific case, in order to solve your problem and protect your interests.
Tax law incorporates a wide range of legislation, including the General Tax Law, the Code of Tax Procedure and Process, the General Regime of Tax Offences, IRS, IRC, VAT, the Tax Benefits Statute, IMI, IMT, Stamp Duty, Special Consumption Taxes and the CRP.
We will defend you by drafting legal challenges, embargoes, judicial oppositions, annulment incidents, administrative claims, hierarchical appeals, appeals against fines, judicial appeals, requests and various applications.
We monitor the entire procedural phase of common tax offences, namely tax fraud, frustration of credits, criminal association, qualified disobedience, violation of secrecy, and tax offences, namely fraud, qualified fraud and abuse of trust.
Family Law
Divorce, judicial separation of persons and property, regulation of the exercise of parental responsibilities, maintenance, allocation of the family home, judicial authorisation to use the surname of the ex-spouse and deprivation of this right, the marital support procedure, the provisional maintenance procedure, disagreement over the establishment or alteration of the family home, the surviving spouse's appanage, the recognition of a compensatory claim against the ex-spouse for their contribution to the costs of family life, claims for damages arising from the dissolution of the marriage, special procedures for impediment to marriage, dispensation from marriage and withdrawal of authorisation for the marriage of minors, the indication and valuation of the couple's joint assets and the consequent judicial or extrajudicial division usually entail a great emotional burden for most people and a high degree of personal, family and social conflict.
That's why we have a team of specialised lawyers and consultants who can help you, with extensive experience in family law, knowledgeable in negotiation and communication techniques in order to resolve divergent and sometimes even mutually unknown interests, with the aim of obtaining the best possible agreement for you, being uncompromising in the defence of your real interests, whether they are of a family or property nature.
Real Estate Law
Are you looking to buy or sell a flat, house, building, plot of land, farm, hotel or estate?
Do so with the necessary legal certainty, because a property transaction involves far too much money to leave it to people who are unaware of the law and inexperienced, and who could therefore cause you a great deal of damage to your property.
We have an excellent team of Lawyers and Consultants specialised in Real Estate Law, with extensive legal experience in real estate transactions, namely hotels, resorts, marinas, agricultural properties, residential and office buildings, shopping centres, villas, autonomous fractions, logistics and industrial warehouses, who will advise and accompany you both in the information gathering phase, in the certification, evaluation and negotiation and conclusion of promissory purchase and sale contracts with or without real effectiveness and/or with or without tradition of the thing, public deeds or private documents, verification of licences and pre-emption rights, land registrations at the registry offices, permanent certificates, building and use licences, technical housing records, obtaining certificates, energy performance certificates, assessments of Municipal Tax on Transferable Transactions (IMT), Stamp Duty (IS), and Municipal Property Tax (IMI) with the Tax Authority.
Labour Law
Labour law is a fundamental and unavoidable component of business management, so the use of competent professionals specialised in resolving conflicts and disputes between employers and employees is crucial not only to the development of economic and business activity, but also to the defence of the interests and rights of each party.
Our team of lawyers and consultants specialising in employment law has a long track record of providing comprehensive, tactical and strategic support to our clients. We are recognised in the market for the breadth, depth and agility with which we deal with highly complex employment issues, particularly in matters relating to the drafting of employment contracts, labour rights and duties of each of the parties, remuneration, absences, holidays, seniority, various disciplinary procedures, dismissal of workers with or without just cause, collective dismissal, dismissal for redundancy, special procedure for challenging dismissal, legal challenges and appeals.
Commercial Law
Do you want to set up a commercial company or change the memorandum of association, increase the share capital or transform the company?
Do you want to sell your share or dissolve the company?
Have you been suspended as manager? What about a family company with two ex-spouses?
Do you wish to suspend a company resolution or bring a legal action for a declaration of nullity of a company resolution or a declaratory action for civil liability against members of the company's governing bodies, or against the company's liquidators?
Is there an urgent need to bring an unspecified precautionary procedure to suspend the office of manager or to suspend a company resolution?
Do you want to take legal action to exclude a partner or condemn a manager?
Do you want to restructure your business by merging several companies or splitting one of them up, drawing up a shareholders' agreement between the partners?
Our team of lawyers and consultants specialising in commercial law, with extensive experience in these and other areas, will certainly help you achieve the results you want and realise your objectives, defending your corporate interests selflessly and uncompromisingly.
Inheritance Law
Inheritance succession is often the source of major family conflicts due to disagreements over the sharing of inherited assets by the heirs, sometimes causing a huge emotional burden for the estranged family members.
Our Inheritance Law team is made up of lawyers and consultants who are specialised and experienced in these matters, with in-depth knowledge of probate proceedings in the context of judicial division, namely in the valuation and adjudication of assets, the listing of assets and the definition of the division map, complaints about the listing of assets, the listing of assets and other precautionary procedures, incidents in the course of the inventory, the conference of interested parties, the composition of the shares, the draw and sale, bids, as well as the tax effects, namely stamp duty, municipal tax on the onerous transfer of real estate, municipal tax on real estate, favouring, whenever possible, out-of-court distribution.
Also noteworthy in the area of inheritance are legal proceedings for the rendering of accounts brought against the head of the estate, the removal of the head of the estate, accusations of asset theft, proceedings for the interdiction of the head of the estate, among other issues.
Our team is therefore at your complete disposal to help you resolve any disputes relating to inheritance and to defend your property interests.
Direito Criminal
Have you been accused in a criminal case?
Do you want to consult a criminal case at the judicial enquiry stage?
Do you disagree with the coercion and asset guarantee measure applied to you and want to appeal the decision?
Do you want to lodge a criminal complaint?
Do you want to make a civil claim in the context of a criminal case?
Do you disagree with the Public Prosecutor's decision to close the case and wish to bring charges as an assistant?
Have you been served with a criminal indictment?
And do you want to request that the investigation be opened or contest the charges against you?
Do you need to appeal against an unfavourable decision?
We have a team of highly specialised lawyers and consultants with a wealth of experience in criminal law who will selflessly, tenaciously, responsibly and safely defend you in all situations and at any procedural stage within the scope of the criminal proceedings to which you are a party.
Administrative Law
Do you want to request the annulment of an administrative act or procedure?
Do you want to lodge a hierarchical appeal?
Do you want to take legal action to recognise a right or condemn the administration?
Is it in your interest to take legal action on the interpretation, validity or performance of contracts?
Do you want to challenge an administrative act?
Do you want to apply for a suspension of the effectiveness of an administrative act?
Do you need to take legal action to establish fair compensation for expropriation by plan?
Our team of Administrative Lawyers and Consultants is highly specialised and has extensive experience in Administrative Litigation and Administrative Procedure, so they will certainly help you resolve any disputes or litigation to which you are a party, defending your interests in an imperative manner, in the context of administrative actions, incidents, urgent proceedings, precautionary proceedings, special proceedings or even judicial appeals.
Insolvency Law
Do you want to file for your company's insolvency?
Or contest the insolvency of your company requested by a third party?
Are you a creditor and want to claim credits in insolvency or revitalisation proceedings?
Is your company part of the creditors' committee and would you like to appoint a representative at a creditors' meeting?
Do you wish to challenge the list of claims?
Do you want to request exoneration from liabilities?
Are you a third party and want to lodge an opposition to the judgement declaring you insolvent?
Do you need to appeal against the judgement rejecting the application for a declaration of insolvency?
Have you been asked to recognise the fault of your company's management or administration and don't know how to react?
Do you want to obtain a tax certificate?
Have you personally filed for insolvency and been accused of a criminal offence?
Both spouses have filed for insolvency and you don't know what to do?
Our team of lawyers and consultants specialises in Insolvency and Corporate Recovery Law and has a great deal of experience in monitoring these legal proceedings, which are often lengthy if the insolvent estate has significantly valuable assets, so we will not fail to selflessly defend our clients' property interests.
Intellectual Property
Industrial espionage perpetrated by organisations and states in the most diverse fields of science and technology is nowadays a major obstacle to the economic and business development of companies that invest heavily in innovation and the design of new products and systems, and which therefore imperatively need legal protection.
We have a specialised team of Lawyers and Consultants with solid experience in Intellectual Property, namely in the field of Industrial Property in terms of trademarks, patents, utility models, designs and models and logos and Copyright.
We legally represent our clients in disputes and litigation in these areas, with particular emphasis on legal advice on issues related to cybercrime and digital evidence.
In the field of Copyright, our Intellectual Property team provides legal assistance to national and foreign clients in the drafting, negotiation and formalisation of contracts relating to the creation, use, licensing and transfer of copyright and related rights, as well as legal advice on these matters, with a particular focus on the information technology, computer programming and applications and music industries, including licensing on new digital media.
Leasehold Rights
Lease contracts have a strong economic impact on the lives of companies and individuals, which is why they should be drawn up by qualified and experienced professionals who know how to interpret and explain to the client the legal consequences of the content of each of the contractual clauses.
Issues such as the duration, termination, renewal, cancellation, revocation and cancellation of a lease should be carefully considered before the parties sign the agreement.
For this reason, we have a specialised and highly experienced team, not only in drawing up the various rental contracts, but also in effecting individual court notices, bringing declaratory eviction actions, enforcement actions for the delivery of the rented property, enforcement action for payment of rents, charges and expenses, the special eviction procedure with an ancillary claim for rent arrears, challenging the title to vacate the property and, when justified, the prior filing of a precautionary seizure order due to justifiable fear of loss of the property guarantee.
Legal certainty cannot be left to chance or handed over to unqualified people who rely on a mere form.
Minors' Rights
Jurisdiction over children and young people has undergone profound changes, both with the publication of numerous pieces of legislation and the subsequent introduction of successive amendments to them, requiring lawyers to work harder to master their rules and standardise their practical application.
In this legal area, we would highlight the RGPTC's Civil Guardianship Measures, namely the establishment of guardianship and the administration of property; the regulation of parental responsibilities and their non-compliance; the establishment, alteration and termination of maintenance for minor or emancipated children; maintenance enforcement; the maintenance guarantee fund; the judicial surrender of the child; the authorisation of the child's legal representative to carry out certain acts; the inhibition of the exercise of parental responsibilities and its limitation; the determination of the child's name and surname; disagreement on issues of particular importance in the life of the child or young person.
We also highlight, in the Establishment and Challenge of Parentage area, maternity and paternity investigation actions; actions to challenge presumed paternity; actions to challenge parentage; International Child Abduction; Collection of Maintenance Abroad; Adoption; Promotion and Protection of Children and Young People in Danger; Name Changes.
Our team of lawyers and consultants specialises in the jurisdiction of children and young people and has extensive experience in these matters, enabling us, on the one hand, to better understand our clients' wishes and expectations and, on the other, to obtain results in line with the objectives set.
Road Accidents
Road accidents are becoming increasingly urgent, both because of their frequency and because of the consequences for the injured parties and the insurance companies.
Testimonial, documentary and expert evidence about the dynamics of the accident is central to attributing and imputing responsibility for the road accident.
Our team of lawyers and consultants specialises in road accidents and civil liability and has extensive experience in bringing and judging legal actions for compensation for deprivation of the use of a vehicle, delay in the insurer's response/proposal, death of a passenger, lack of insurance, biological damage, loss of earning capacity, liability of the motorway concessionaire, right of recourse, theft, settlement incident, provoked ancillary intervention, among others, thus making it possible to compensate the injured parties in full and to legitimately defend their often divergent interests.
Misdemeanours & Fines
Administrative offences and Fines are increasingly having a major economic impact on companies and individuals in the most diverse areas of law, particularly in terms of labour administrative offences, economic administrative offences (RJCE) and tax administrative offences (RGIT), applicable to access to and regulation of the exercise of the different economic activities of companies or in the context of violations of labour rules, competition, the environment, capital markets, banking and finance, energy, telecommunications, insurance, or even tax offences inherent in the payment of taxes and compliance with tax obligations.
Our team of lawyers and consultants specialises in the different legal systems of administrative offences and fines, and accompanies clients from the stage of initiation, right to a hearing and defence, investigation and decision of administrative offence proceedings by the competent administrative authorities to judicial challenges and appeals against unfavourable decisions to the District and Appeal Courts, thereby safeguarding the significant economic and financial interests of each of our clients.
Registo 11/15