PROFESSIONALISM | EFFICIENCY | LOYALTY
Our success consists of the achievements we register for our valuable clients in all key legal fields and industries. We are proud to name just a few of our multiple legal victories.
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Recovery of a record penalty of a few million Euros in behalf of an infrastructure construction company from a renown Railways authority for delays in execution caused by beneficiary’s fault;
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Advised a leading construction material chain in a transaction having as object the acquisition of the minority shareholding in a public-listed company;
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Won several litigations worth millions euros against companies that rejected the payment of withdrawal rights to shareholders further to the abolishing of Rasdaq in 2015;
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Won several litigations related to copyright matters;
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Won number of cases against the Romanian Supervisory Financial Authority, whereby a multiple fines were nullified;
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Successfully represented a leading public sports club set up by the Capital’s City Hall in litigations against former sports players requesting pecuniary damages;
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Won notable number of cases related to insolvency procedure and determined the registration of majority debts in the creditors’ table or else, obtained the elimination of majority debts (depending on clients’ position);
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Advised medium companies in corporate acquisitions, both buyers and sellers;
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Provided complex consultancy in literally all legal fields to a leading IT group in Romania.
| CORE PRACTICE: CAPITAL MARKETS
The first and foremost competitive advantage is the outstanding background of Dr. Cristian Mircea Duțescu, Managing Partner, who proudly became one of the most renown lawyers in the capital markets industry, whereby our law firm consolidated its position as a top player of this practice, both at national and international level. Our team has substantial experience in assisting top market players with their most challenging projects in the local and international capital market industry.
Lawyers have substantial experience in the capital market field, assisting private individuals and companies of all sizes in litigation involving the annulment of public offers, prejudices toward minority shareholders, ownership of shares, the right to information, the right to a legal price, the right to vote, the right to participate to GHM, the right of preference, the right to control, the right to dividend, the right to a part from social capital in case of society’s dissolution etc.
Our Lawyers have substantial experience in assisting Clients in Initial Public Offer Procedure (IPO), including providing representation before the authorities that regulate the capital market, in operations of reorganization pre-IPO.
Our law firm provides the following services in the capital market field:
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Legal advice on problems that involve the capital market: defending the shareholders’ rights, minority and majority, public offers, listing and delisting etc;
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Representation at Courts and Government Institutions;
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Assistance in public offers, in IPO and in reorganization pre-IPO;
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Assistance in listing and delisting operations;
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Assistance and representation in negotiations, general shareholders’ meetings etc.;
| CORPORATE & COMMERCIAL LAW
By assisting various business Clients, our Lawyers have gained invaluable experience in the following activities:
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establishing and modifying commercial companies - real estates, constructions, services, securities, banks, telemarketing operators etc.;
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assisting during the procedure of personal database operators’ authorization and permanent communication with the National Authority for Personal Data Processing Control;
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assisting in commercial companies’ activities (organizing general shareholders’ meetings; organizing administration council meetings; securities and social parts operations between shareholders, associates or third parts; concluding utilities contracts; concluding contracts for social headquarters etc.);
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mergers, dissolutions, liquidation, reorganizing or bankruptcy of commercial companies;
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Legal consultation for privatization in consulting programs financed by European Union;
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concluding and executing international commercial contracts;
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wording complex commercial contracts, assistance in negotiations for concluding commercial contracts.
| REAL ESTATE & CONSTRUCTION
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Drafting sale-purchase, construction, mortgage and rent pre-contracts and contract;
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Assisting private persons or companies in administrative or judicial procedures regarding protection and enhancement of property rights and property claims under common law or special laws on restitution of nationalized property during communist regime;
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Preparing documentation for obtaining building permits for the development of large real estate projects;
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Assisting private persons and companies in protection and enhancement of property rights, securities and real estate claims under special or common law;
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Assisting private persons and companies in protection of other real rights, deprivation of property rights, equity holders, action claims, evacuation actions, out of possession, bordering actions, etc.
| BANKING & FINANCE LAW
This field of law is one of our main specializations. We have substantial experience in assisting Clients with financial and taxation problems, developing credit contracts, merger and acquisition operations, litigation and other activities in this field, such as:
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Assisting private persons and companies (Romanian or foreign) in duty problems (custom taxes, VAT) and taxation problems (profit tax, dividend tax, global income tax);
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Assisting investment funds, banks or international financial-banking institutions in commercial transactions involving financing of loans or participations to social capital of companies from Romania;
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Assisting commercial banks with deposit, credit, financial leasing and guarantee contracts;
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Assisting commercial companies such as insurance, real estates, banking or securities about different commercial acts;
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Assisting foreign investment banks in organizing the issuance of international bonds in the international market, as well as assisting Romanian commercial companies’ issuance of bonds in the national market.
| INSURANCE LAW
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Our lawyers provide legal advice on general, of the most diverse aspects on insurance, as well as legal assistance tailored to the needs of insurance companies with regard to civil liability insurance products, suretyship Insurance etc. We also assist insurance or reinsurance companies in the case of insured events occurring in Romania, including in the course of amicable or litigation procedures for disputes that may arise from such policies.
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Our lawyers provide legal advice and representation of insurance and reinsurance companies in the case of transfer of membership equity interests or assignment of shares, mergers, buyout, spin-off operations between such companies. The representation provided by our lawyers is both before the Financial Supervisory Authority and before the negotiating partners or before the Trade Register and the competent courts in the field of insurance
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Dutescu and Partners have provided legal assistance, legal opinions and representation in disputable and non-litigious disputes between policyholders and insurance companies regarding legal relationships arising from compulsory civil liability insurance, CASCO, professional insurance, financial collateral insurance(including performance insurance under public procurement contracts) etc.
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Our team has extensive experience in the field of insurance law, offering legal advisory services, legal assistance and representation of multinational investment funds (QVT FUND, Firebird, etc.) regarding the application of the legal norms in the field of insurance. Our lawyers also represented important institutional investors in disputes between minority and majority shareholders of major insurance companies on the market, such as Asirom, Ardaf, etc.
Insurance Intermediation
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The experience of our company covers all aspects of insurance intermediation. Our lawyers provide legal advice both to the insurance intermediaries and insurance companies under the collaboration contracts or partnerships concluded with such intermediaries.
| INTELLECTUAL PROPERTY LAW (trademarks, geographical indications, copyright rights)
We have specialized Lawyers with industrial property consultant degrees (members of The National Chamber of Industrial Property Counselors), who have substantial experience in assisting Clients with any problem related to the protection of trademarks, drawings and models, invention patents, in OSIM procedures and before intellectual property Courts and scientific consultants, members of The Arbitration Body attached to The Romanian Office of Copyright. We have substantial experience in this area and are assisting individuals and companies on any matter related to protection of authors’ rights and other related rights as well as industrial property rights (protection of trademarks, drawings and models, invention patents) in OSIM procedures and before as well as in direct negotiations and litigations in intellectual property Courts, in negotiations, litigations and specific procedures. To ensure a complete and competent legal assistance with the protection of the intellectual property rights, we have established collaboration with specialized bureaus of industrial property consultants. Some of the specific activities in this field are:
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Assistance and consultancy for individual and companies in carrying out the intellectual property rights registration procedure (authors’ rights, trademarks, geographical indications etc.) before the Romanian competent authorities;
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Assisting Romanian or foreign companies in concluding transfer or trademarks license contracts, invention patent, authors’ rights or related rights contracts;
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Assisting or representing private persons or companies who wish to contest industrial and intellectual property rights’ procedures before the appropriate Romanian administrative authority;
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Assisting or representing private persons or companies, Romanian or foreign in matters related to the industrial and intellectual property rights protection in Romania and assisting in organizing the procedures for implementing court decisions;
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Assisting or representing clients before the Romanian authorities (courts, police, OSIM, ORDA, public prosecutor, customs) in industrial and intellectual property rights’ protection.
| CIVIL LAW
In civil law, we offer legal advice, assistance and representation services in various areas, such as:
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Defending the property right and other rights (common law real estate, easements, property rights (legal and beneficial interests) possessing actions, pretensions, eviction actions, divisions, border disputes);
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Debt recovery - debtors and creditors;
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Legal acts annulment;
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Negotiation of contracts of any type;
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Notary public procedures
| PENAL LAW
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Legal advice and assistance during the investigation phase and throughout the criminal proceedings;
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Legal assistance in criminal cases for defendants, accused persons, persons under investigation or under arrest, civil parties, injured parties, civilly liable parties;
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Assistance in cases of arrest of accused/defendant;
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Representation before criminal investigation and prosecution bodies (Police, Public Prosecutor's Office, Public Prosecutor's Office), as well as before the courts;
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Drafting complaints and criminal actions, support of appeals against criminal sentences;
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Drafting and supporting appeals against arrest warrant or extension of arrest;
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Legal assistance and representation in proceedings concerning preventive and precautionary measures in criminal proceedings.
| ADMINISTRATIVE LAW
We also specialize in the matter of duties, taxes and administrative acts control, especially in:
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Representing Romanian or foreign companies in the administrative or legal procedures for contesting control acts in the matter of duties and taxes;
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Representing private persons or companies in special procedures of Romanian Court of Auditors, Competition Council and National Securities Commission;
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Assisting in any legal procedures involving the controlling the acts issued by central or local administration authorities, independent central authorities (National Securities Commission, Competition Council) or institutions with administrative functions (appeals, litigations in administrative court and all Romanian competent courts), in real estate, environmental, customs, securities, commercial competition etc.
| EMPLOYMENT LAW
Our experience allows us to assist Clients with the following problems:
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Participating in negotiations;
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Concluding the individual employment contract;
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Producing the job description, internal disciplinary rules and procedures;
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Wording of exclusive dealing, professional qualification contract, mobility clause contract, confidentiality contract;
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Assisting all employment litigation;
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Offering legal advice in employment law
| ENERGY LAW
Our Lawyers specialized in this field of great interest have a substantial experience in the following:
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Interpreting and analyzing the primary and secondary legislation in the following fields: natural gas, electricity and oil;
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Drafting and negotiating commercial contracts related to energy field activities;
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Drafting and negotiating contracts for implementing of investments in energy field;
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Representing company’s clients before the energy field public authorities.
| PUBLIC PROCUREMENT
Our specialized team provides legal assistance and consultancy to economic operators as well as to contractor authorities. Our legal services include:
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Drafting legal opinions on interpreting and applying public procurement legislation;
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Legal assistance and legal advice on the procedure of acquiring of public procurement contracts;
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Assistance and representation in the procedure for contesting the outcome of the award of property documentation or public auction before The National Council of Appeals and The Courts;
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Legal consultancy on negotiating, closing and implementing public procurement contracts;
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Participation in the development of draft legislation on public procurement (OG 60/2001);
| IMMIGRATION
We provide legal assistance and consultancy to foreign citizens with regards to all types of immigration procedures and implications thereof, including but not limited to:
- legal advice to foreign investors who require business visa;
- legal advice to unskilled and skilled workers concerning suitable visa types and process;
- representation of client in front of the Romanian Inspectorate for Immigration;
- assist foreign citizens with regards to all types of legal matters involving their legal stay in Romania .
| LITIGATION AND ARBITRATION
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Our team excels in handling all types of dispute resolution cases, from all degrees of complexity, covering both litigation and alternative dispute resolution methods, spanning a wide spectrum of practice areas. Our dispute resolution clients are ranging from foreign investors, local & international companies (listed or non-listed) to individuals.
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