Practice Areas

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Tax and Customs Law

 

We advise the taxpayer on the legal-tax treatment of his situation and assist in the proceedings for the official assessment, administrative liquidations, challenging of fines or closings, as well as inspections, both in administrative or judicial venues.

 

Likewise, we advise on the transformation process, reorganization, merger and spin off of companies to maximize tax benefits.

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Due Diligence

 

We work in all stages involved in the due diligence process, from the drafting of the letter of intention with the prospective acquirer to the entering into of the agreement formalizing the total or partial transfer of the capital stock.

 

We carry out the legal controls to determine the scope and amounts of the assets and liabilities comprised in the transaction. Likewise, we alert about the essential aspects to be considered by the acquirer or seller and suggest the best business alternative. 

 

Also, we counsel on all aspects related to acquisition, such as, shareholders’ agreements, indemnifiable damages, escrow and other guaranties. 

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Legal Audits

 

We carry out audits aiming to evaluate the strengths and weaknesses, threats and opportunities of the different segments according to the interests of our clients. We specialize in regulations for different sectors, permits and licenses, fixed assets, environmental matters, hidden liabilities, significant agreements, labor matters, social security, taxes and lawsuits.

 

We trust in multidisciplinary work; consequently, we work together with advisers having a vast expertise in several matters to provide the most complete diagnosis. 

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Contracts

 

We participate in the planning and structuring of contratos de colaboración empresaria (business cooperation agreements), UTES (temporary consortiums), and joint ventures. We draft sale and purchase agreements of companies, distribution agreements, transportation agreements, franchise agreements, provision or supply agreements, management agreements, business management and consortia (association of businesses) mainly.

 

Besides, we counsel our clients on the different essential matters for the protection of their interests when signing any kind of contract and agreement. The expertise of our team comprises not only contracts with effects in Argentina but also the coordination of impacts in other jurisdictions. 

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Trusts

 

We work in the preparation and management of private and public trusts whether for management, guarantee or financial. Hence, we carry out an interdisciplinary analysis of the case and select the best legal vehicle to formalize the trust transaction cooperating with the client in the appointment of its actors as well as in the best alternative to formalize the pertaining contracts and the supplementary documents in economic terms.

 

We assist the client in the post-formalization stage in order to perform follow-up audits, the administration of the contract and the possible liquidation of the trust. Our experience allows us to integrate the needs of the client with the opportunities of the market and maximize a legal instrument that provides excellent results for the protection of assets through its conveyance and serve as guarantee for other commercial transactions. 

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Lawsuits, Arbitration and Mediation

 

We defend the interests of our clients, both as defendants or plaintiffs, in all kind of lawsuits. Likewise, we intervene in alternative means for the resolution of conflicts such as mediations and arbitrations in the different areas of the Law. 

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Debt Restructuring. Reorganization and Bankruptcies

 

We advise persons and companies facing economic and financial crisis, assisting them in the restructuring of the liabilities allowing to succeed in a complex scenario and to recompose the business transactions on a sustainable basis.

 

Likewise, we accompany creditors facing reorganizations and bankruptcies with the aim of protecting their rights in insolvency situations of their debtors.

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Consumer Rights, Fair Trade and Anti-trust law

 

We guide the most effective strategy for such companies that need authorizations of the public sector to operate, either due to grounds related to local mergers and acquisitions or due to global transactions.

 

We carry out preventive counseling of possible conflicts which may appear in the area of consumer rights and Fair trade matters.

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Environmental and Natural Resources Law

 

We work in all the stages of the process that implies to determine the impact of the environmental regulations according to the activity and the sector in which the client develops its business. We carry out environmental audits, all formalities to obtain permits and qualifications, settle-down proceedings and formalities before governmental authorities and direct lawsuits.

 

We advise companies on the treatment and answer of administrative requests issued by environmental authorities and legal-environmental opinions, fines and sanctions imposed.

 

Likewise, we assist our clients in the early detection of possible contingencies which may exist to eliminate or diminish its impact. 

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Administrative Law and Economic Regulation Law

 

We counsel and assist on any kind of administrative contracts and selection proceedings of contractors such as public and private biddings or exceptional contracts.

 

We advise our clients with recourse proceedings, appeals and claims before the Federal Administrations (either centralized or decentralized), as well as before Provinces and Municipalities.

 

We have a vast expertise in regulated markets and transactions with public entities.

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Criminal Exchange Law and Foreign Trade

 

We carry out an integral assistance in foreign trade matters related to legislation in imports and exports, tax-free areas and special customs areas.

 

We carry out matters related to the import and export of products such as customs matters, international trade contracts, agreements, taxes and foreign exchange.

 

Also, we counsel our clients on the analysis on foreign exchange regulations for the settlement, entry and exit of foreign currency. In this sense, we assist clients in the summary proceedings filed by the Banco Central de la República Argentina for infractions or non-compliance with the criminal exchange law and with the applicable regime for the financial system. 

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Corporate Law. Foreign Investments

 

We advise our clients on the formation, registration and regular maintenance of corporate structures, not-for-profit organizations and local or foreign civil associations to comply with the necessary legal requisites pursuant to the kind of activity and investments carried out in Argentina.

 

We have a vast expertise in the regular maintenance of corporations controlled by different agencies: I.G.J. (Superintendency of Companies), C.N.V. (Argentine Securities and Exchange Commission), B.C.B.A. (Buenos Aires Stock Exchange), B.C.R.A. (Argentine Republic Central Bank), S.S.N. (National Superintendency of Insurances).

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M&A Mergers and Acquisitions

 

We analyze scenarios and suggest alternatives that best meet the needs of our clients to resolve reorganizations, mergers and break-ups of big companies.

 

We have a great experience accompanying top companies, both as purchasers or sellers, regarding transfer processes of partial and total capital stocks, negotiating and drafting the necessary instruments to that end. 

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Capital Market. Bank and Financial Transactions

 

We counsel clients who intend to issue securities to be placed publicly. Likewise, we advise on all matters related to the application of the regulations of the Argentine Republic Central Bank (BCRA), debt restructurings and relations with financial entities. 

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Labor Law, Immigration and Social Security Law

 

We offer daily and direct counseling to prevent possible lawsuits either in the definition of the policies of human resources, carrying out labor audits, preparing and implementing reorganization processes of personnel, counseling on the negotiation of bargaining agreements and assisting in labor disputes.

 

In the immigration arena, we carry out an integral analysis prior to the expatriation of employees and perform the necessary formalities considering the contracting conditions, the position they shall hold and the needs of the client.

 

We assist companies to defend their interests in inspections, determinations and appeals carried out by the AFIP (Argentine Tax Office) regarding social security contributions. Likewise, we advise personnel in charge of Human Resources of companies in the liquidation of social security contributions. 

Contacto: Av. Corrientes 330 piso 6° - C1043AAQ - Buenos Aires, Argentina
Tel: (54 11) 4326-8881 - Fax: (54 11) 4326-8882 | [email protected]

Todos los Derechos Reservados Estudio Jurídico Biscardi & Asociados