Contracts, partnerships and solutions to the insolvency
We accompany companies and self-employed since the constitution of the society until, if the time comes, the restructuring or the contest. Our double gaze legal and financial allows us to anticipate problems of solvency before they become a crisis.
01
Commercial contracts
We draft and negotiate the contracts that hold the daily activity of your business: distribution, agency, supply, franchise, provision of services between businesses, confidentiality agreements and covenants of partners. We take care of especially the resolution clauses, penalties and compensation, which are the ones that make all the difference when a conflict arises.
When the conflict already exists, we ask for the compliance or the termination of the business contract, with the corresponding compensation for damages, and defend the company against claims of the counterparty.
✓ Drafting and negotiation of commercial contracts.
✓ Claim for breach between companies.
✓ Partnership agreements and confidentiality agreements.
02
Incorporation of companies
We accompany you in the choice of the most appropriate legal form for your project (limited company, anonymous, civil, professional, or community property), the drafting of articles of association to the extent, the granting of the deed at the notary and Registration in the Commercial register.
We also advise on corporate transactions later: amendment of articles of association, capital increases and reductions, changes of manager, dissolutions and liquidations ordered when the activity comes to an end without an insolvency situation.
✓ Choice of legal form and wording of the statutes.
✓ Amendments to the bylaws and corporate operations.
✓ Dissolution and orderly liquidation of companies.
03
Bankruptcy and insolvency
The reform of the Insolvency Act completely changed the map of available tools when a company or an autonomous financial difficulties. The sooner you act, the more options there are.
✓ Claim of community fees unpaid.
✓ Challenge, and drafting agreements of the board.
✓ Conflicts of coexistence and use of common elements.
Existing regulatory framework
The revised text of the Law on Bankruptcy, after its reform, distinguishes three consecutive states in economic difficulty: probability of insolvency, impending insolvency and insolvency current. The sooner you identify the real situation of the company, before you can access the instruments preconcursales, which are significantly more flexible and less burdensome than the competition. That's why the first step is always a diagnosis honest of the treasury and current liabilities short-term.
Typical case
Company with impending insolvency
An sme with feasible activity begins to accumulate tensions of cash flow: delayed payments to suppliers, is struggling to meet payroll in a timely manner and expected that in the coming months, will not be able to meet its obligations due and payable. It is not yet in insolvency current, but see it coming with clarity: it is impending insolvency.
In this scenario, the most common error is to wait. The right thing is to communicate the opening of negotiations with creditors in order to prepare a restructuring plan, which also temporarily paralyzes the executions unique about the goods needed for the activity. If by size of the company fits as a small business, you can go directly to the special procedure simplified, with periods of negotiation dimensional and a processing designed to not stifle the activity while it reorders the passive.