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Commercial and Corporate Law – Portugal

Belzuz handle all types of corporate transactions, as well as assistance and advice in corporate conflicts and restructuring operations.

  • Incorporation of companies, joint ventures, subsidiaries, branches and opening representative offices and other business forms.
  • Advice, study, drafting and finalization of all types of corporate action for the development of business activity, both in Portugal and abroad. Advice to corporate bodies. Corporate governance.
  • Board Secretarial services and company legal advisory.
  • Drafting of statutes, acts, agreements, negotiating and drafting agreements.
  • Challenge agreements. Liability of directors.
  • Dissolution and liquidation of companies
  • Corporate Arbitration
  • Bankruptcy Law.
  • National and International notary and registration.
 

Foreign investments

Advice and processing of foreign investment in Portugal and Portuguese investments abroad, as well as documentary proceedings before the administrative authorities. Movement of capital and exchange controls.

Mergers and Acquisitions

This section covers typical operations of acquisition, takeover, sale and merger of companies.

  • Advice, strategy, negotiation and drafting of purchase and sale contracts, taking a controlling interest and legal advice on mergers and acquisitions, both domestic and foreign;
  • Legal audit (due diligence);
  • Analysis of regulatory and competition issues (concentrations and permits);

Belzuz also participates and advises on project finance transactions and private equity.

Commercial Contracts

This section includes negotiation, drafting and conclusion of civil and commercial contracts as follows:

  • Ongoing and specific advice on contract law and contracts, including general conditions of contract.
  • Intervention and negotiation in all types of civil and national and international business (contract of agency, distribution, franchise, technical assistance ...) and all warranties and instruments used in national and international trade.

Competition Law

The experience of our office in matters relating to the regulation of economic activity and competition law includes the following:

  • Anti-competitive practices.
  • Unfair competition.
  • Control of economic holdings
  • Control of public assistance or subsidies.
  • Relations with national government and EU institutions.
  • Administrative sanctions

All of this is without prejudice to the necessary legal assistance and defense of the rights and interests of parties to proceedings before the Competition Authority, the European Commission and the Court of Justice of the European Communities.

Property Law

Belzuz Abogados is equipped with a department specializing in real estate and construction law which has been providing ongoing legal expertise in this area, specifically:

  • In the acquistiion of real estate, specifically real estate sales, technical assistance contracts, execution of work contracts, leases, mediation, management and property management, contract management and asset management and financing contracts and negotiating guarantees.
  • Horizontal property, private real estate development (marketing agreements for the promotion, sale of buildings, shopping centers, business and leisure parks, etc).

Industrial and intellectual property and new technologies

  • Advice on inventions.
    • Drafting of contracts for the exploitation of rights, assignment and licensing of patents and know-how, confidentiality.
    • Counselling and intervention in court proceedings concerning the infringement or validity of patents or utility models, patent national, European or PCT, and utility models.
    • Legal reports on patentability of inventions, infringement or validity of rights.
  • Advice on distinctive logos.
    • Drafting of sale, merchandising and licensing or joint venture.
    • Counselling and intervention in court proceedings in respect of infringements and piracy, revocation and expiration of trademarks, industrial design and unfair competition.
    • Registration of trademarks and designs and abroad.
    • Defense of brands and designs, oppositions and appeals.
    • Police and customs operations.
    • Feasibility reports and user registration.
    • Auditing rights.
  • Advice on intellectual property.
    • Drafting of transfer and exploitation of rights.
    • Registration of rights and protection of intellectual creations (software, databases, audiovisual, phonographic works, multimedia works, software, graphic works).
    • Counselling and intervention in court proceedings regarding violations of intellectual property rights.
  • Advice on advertising campaigns.
    • Drafting advertising contracts, sponsorship, grant of rights, use of intellectual creations.
    • Advising on advertising campaigns, promotions and labeling.
    • Comparative advertising, advertising on-line.
    • Conflict Resolution.

Issues and regulated sectors

  • Advice regarding data protection.
    • Adaptation of data protection regulations, policies and procedures, registration of databases, preparation of contracts for the provision of treatment services personal data.
    • Audits and compliance projects and adjustment to the regulations regarding protection of personal data.
    • Advice on international data transfers.
    • Legal defense in disciplinary procedures of the National Commission for Data Protection (CNDP).
  • Advice on electronic commerce.
    • Drafting of contracts with service providers and content.
    • Drafting of legal notices of products and services, sales offers and promotional campaigns and general conditions of use.
    • Responsibility for content distributed via electronic channels.
    • Advice and defense from consumer complaints and disciplinary procedures.
    • Recovery of domain names.
  • Advice on money laundering issues.
    • Advice on compliance with legal obligations.
    • Support in inspections by regulators.
    • Auditing.
    • Administrative processes, enforcement, judicial reviews

Pharmaceutical Law

  • Registration with the competent authority in Portugal (INFARMED) for marketing in the domestic market of new pharmaceutical products.
  • Labelling and advertising of medicines.
  • Implementation of projects, negotiation and implementation of a wide variety of pharmaceutical contracts, such as clinical trials and contract manufacturing agreements, supply and distribution.
  • Implementation and drafting, negotiation and execution of confidentiality agreements and requests for licenses;
  • Pharmaceutical distribution : Logistics associated with pharmaceutical distribution.
  • Advice on issues of competition and unfair competition related to pharmaceutical manufacturing and distribution.
  • Business operations, acquisitions, takeovers, sale and merger of companies-in the pharmaceutical sector.

Food & Beverage Law

  • Complaints to consumer organizations (DECO, ASAE, etc.)
  • Labelling and presentation of products (nutrition claims, health claims, mandatory).
  • Litigation in illegal advertising, on product liability and consumer rights.
  • Obtaining registrations and permissions for use and marketing of food (new, functional food supplements, by-products).
  • Drafting of food distribution contracts