Expertiză
Expertise
Servicii juridice oferite
Legal services provided
LEGAL ADVICE
CLIENT REPRESENTATION
before courts, bailiffs, public notaries, criminal investigation bodies, public instituitions
NEGOTIATIONS OF CONTRACTS, AGREEMENTS AND TRANSACTIONS
DRAFTING LEGISLATIVE PROJECTS AND AMENDMENTS
Domenii de Activitate
Areas of activity
The lawyers from the Gănțoi, Furculita și Asociatii team are specialized in areas of activity such as:
GFA’s Financial - Banking Law team includes lawyers specialized in assisting banks, corporations and non-banking financial institutions in various cases related to the consulting area, as well as of a litigious nature.
Our lawyers have successfully represented GFA’s Clients in major transactions regarding acquisition of non-performing loan (NPL) portfolios, assisting them both in the assessment stage (Due Diligence) and in the phase of drafting, reviewing and negotiating sale-purchase/assignment of receivables agreements. The major objective pursued by our colleagues was to ensure that the Clients' interests are met both legally and commercially, by identifying and mitigating any risks that may arise after the transaction is completed.
We provide legal support and assistance in negotiations between GFA’s Clients and their business partners, in the field of structuring and managing financial arrangements, as well as advice on regulatory, compliance and anti-money laundering (AML) issues, in all types of financial- banking operations.
The collection of unpaid receivables is one of the main legal activities carried out within GFA.
The debt collection process for the clients of the law firm begins with the amicable stage, during which the Lawyers try to recover the debts by contacting the debtors by phone/e-mail and negotiating the conditions under which the debt can be extinguished; drafting and sending notices and payment notifications to debtors, as well as any transactions or payment commitments. The advantages of this procedure consist of low costs for GFA's Client, but also the short period in which the actions are taken.
If in the amicable stage the settlement of the claim was not successful, actions for the recovery of the claims through judicial means are started. In this particular stage, GFA’s Lawyers are in charge of drafting and submitting legal actions against debtors, in order to recover the claims owed by them, represent/assist the Clients before the competent court in all stages and appeals until obtaining an enforceable title against debtors of GFA’s Clients.
In the event that even after obtaining an enforceable title, the debtors do not pay the owed debts voluntarily, we request the bailiffs’s intervention for the recovery of the debts through forced execution. At this stage, GFA’s Lawyers undertake actions such as drafting the application for enforcement and submitting it to the competent bailiff, maintaining the relationship with the bailiff until the completion of the enforcement procedure carried out, in order to recover the debt owed by the debtor, representation/assistance Clients in files with appeals against the enforcement itself, or against the procedural documents issued by bailiffs.
We undertake specific debt recovery actions in the event that debtors become insolvent, by monitoring the insolvency file and the actions taken by the special administrator and the administrator/judicial liquidator appointed in the cases. At this stage, GFA’s Lawyers undertake the following activities: formulating and supporting requests to open insolvency proceedings, appeals to the table of claims of the debtor company; assisting/representing the Client at the Creditors' Meetings convened by the debtor's administrator/judicial liquidator; contesting the acts carried out by the administrator/judicial liquidator, in the situation where they do not comply with the rigors of the specialized legislation, verifying the debtor's compliance with the reorganization plan and the activity of the judicial liquidator regarding the distribution of the amounts resulting from the capitalization of the assets/recovery of the debts of the debtor company.
We offer specialized services to GFA’s Clients in matters related to the resolution of problems/disputes related to the acquisition or exercise of the right of ownership or use of real estate, as well as the approval of photovoltaic park projects.
Specifically, we provide consultancy in the field of acquisition and disposal of real estate, on which occasion we undertake Due Diligence actions regarding the verification of property titles and the history of ownership rights, the verification of the technical legal and fiscal regime of the real estate, cooperating closely with public institutions/authorities (ANAF, DITL, OCPI, etc.). At the same time, GFA’s Lawyers are in charge of drafting, negotiating, reviewing and providing advice on pre-contracts and sales-purchase contracts, rental contracts, mortgage contracts, related to real estate, as well as representing/assisting Clients before public notaries and performing all the formalities related to the property's land register.
Equally, GFA’s Lawyers represent the interests of investors in the acquisition of agricultural land, as well as various types of commercial and industrial premises (shopping centers, farms, factories, etc.).
Having rich experience in the field of Real Estate, GFA’s Lawyers demonstrate a deep understanding of the issues of the cases received and have the necessary expertise to identify and put into practice the best strategies for the Clients.
GFA’s Lawyers represents Clients in restructuring and insolvency cases against debtors in all sectors of activity, working closely with judicial administrators/liquidators and financial specialists, real estate experts, to maximize the chances of recovery of Clients' claims for managed files.
In this sense, GFA’s Lawyers undertake legal activities consisting of:
- assisting and representing both debtors and creditors in restructuring and insolvency procedures, through the drafting and support by lawyers of requests to open insolvency proceedings, of appeals to the table of claims of the debtor company; assisting/representing the Client at the Creditors' Meetings convened by the debtor's judicial administrator/liquidator; challenging the acts carried out by the judicial administrator/liquidator, in the situation where they do not comply with the rigors of the specialized legislation,
- elaboration of restructuring strategies, participation in the realization of reorganization plans and analysis of the degree of materialization of the reorganization plans proposed by debtors or creditors within the managed insolvency files,
- debt collection activities for the debtor in insolvency proceedings and assistance in the process of capitalizing the assets within the debtor's patrimony,
- verifying the activity of the judicial administrator/liquidator regarding the distribution of the amounts resulting from the capitalization of the assets/recovery of the debts of the debtor company and contesting the actions that do not comply with the legal provisions.
Our colleagues deliver results to the highest professional standards, regarding all issues in the field of restructuring and insolvency, and this strengthens the confidence of the Clients in the Law Firm.
The consultancy offered regarding matters of Corporate and Commercial Law is based on the experience of GFA’s Lawyers specialized in this legal area, obtained during more than 20 years of practice in the field.
We mainly provide legal advice to GFA’s Clients regarding the stages, rules and documents necessary for establishing companies, expanding business plans and activities, dissolving, opening insolvency proceedings or alienating a company. On this occasion, our Lawyers undertake legal activities consisting of:
- Drafting, modification and/or revision of Constitutive Acts, Internal Order Regulations, Organization and Operation Regulations,
- File preparation and representation of Clients before the Trade Registry in order to establish, modify certain aspects related to the company's activity (such as, but not limited to: adding/removing/changing the main object of activity and secondary objects of activity, transfer or takeover of shares, increase/decrease of share capital), designation/replacement of the company's management bodies and members, dissolution, suspension, resumption of the company's activity,
- Drafting, modification and/or revision of assignments and other corporate operations, listing and delisting of the company on the capital market,
- Preparation of "Due Diligence" reports and negotiation of merger or acquisition transactions of commercial companies,
- Preparation of documents specific to the "Corporate Governance" activity. As an example, GFA’s Lawyers draft Decisions of the Sole Associate or of Decisions of the General Assembly of Associates, Decisions of the Sole Administrators, the Board of Directors, the Supervisory Committee, etc..
The GFA team is ready to assist the Clients by organizing and coordinating complex projects, which involve the drafting of documentation and assistance in solving legal aspects related to Commercial and Corporate Law.
GFA’s Lawyers assist Clients from various industries to resolve complex cases that involve both elements of labor law, with an approach oriented towards minimizing risks for Clients, on the one hand, but also mitigating the occurrence of similar cases, on the other hand, by proposing measures to modify/improve policies and procedures at the company level.
The legal services in the field of labor relations offered by lawyers include, by way of example, but not limited to: the drafting, modification, review of individual and/or collective labor contracts, of internal rules and policies, and represent some of the most common activities carried out by GFA’s Lawyers for Clients.
Other activities specific to labor relations undertaken for our Clients include: legal assistance with regard to the reorganization of the company by abolishing some positions in the organizational chart, the application of disciplinary sanctions, the individual or collective dismissal procedure, the termination of individual employment contracts through the methods provided by the romanian legislation.
With regard to the disputes arising within the framework of labor relations, GFA’s Lawyers represent/assist the Clients before the competent administrative control bodies in the investigation of work accidents, as well as in the detection of irregularities regarding the employer's non-compliance with the clauses of the Individual Employment Contract or of the Collective Labor Agreement, represents the Clients before the courts in cases related to labor conflicts or appeals against sanctions imposed by administrative control bodies.
Our team of lawyers specialized in family law have a wealth of experience in the main segments related to this area of law, such as:
- divorce mediation, administrative divorce proceedings or judicial divorce proceedings;
- establishing the minor's domicile, the contact program with the minor and the child support allowance/pension,
- the division of common assets as a result of the intervention of the divorce, both in the administrative and in the judicial procedure,
- the institution of guardianship or conservatorship,
- various problems of succession law.
We offer consultancy and legal representation/assistance in the field of Family Law, including in cases with foreign elements, referred to the courts on the territory of Romania or pending by the Romanian public institutions/authorities.
The GFA’s team is composed of Lawyers specialized in business criminal law. Equally, our colleagues have achieved remarkable results for GFA’s Clients and in litigations involving offenses grouped under common law criminal classifications.
We offer consultancy, representation and legal assistance services at the highest quality standards in the prosecution and criminal investigation phase, as well as in the trial phase - on the role of courts of any level, in disputes regarding the commission of any crimes provided by Romanian legislation (general or special).
We managed to create a professional team of Lawyers for the resolution of the most complex cases, which involve risks and implications of a criminal nature, both in the pre-litigation stage - by advising the Clients in the prevention, identification and mediation of possible risks of a criminal nature, as well as their representation before the Prosecutor's Offices and the courts.
GFA’s Lawyers have thorough legal knowledges regarding the legislation applicable to associations, foundations and NGOs (legal entities under private law, without patrimonial purpose, constituted by three or more natural or legal persons and which acquire legal personality by being registered in the register of associations and foundations, held by the Court in the district in which they are based).
The legal activities performed for our Clients consist of:
- reserving the name of the NGO at the Ministry of Justice;
- the establishment of the NGO by: drawing up the constitutive acts of the NGO association, drawing up the documentation related to the registered office, depositing the initial assets in the bank,
- representing the Client in order to acquire legal personality by submitting and supporting the incorporation file at the court, with the aim of obtaining the attribution of legal personality of the association/foundation/NGO,
- legalization of the specific documents and obtaining the Certificate of registration in the Register of Associations and Foundations,
- Obtaining the tax registration certificate from ANAF,
- Drafting and revision of sponsorship and donation contracts.
We are open to transform collaborative relationships with potential Clients interested in rendering services related to the Law of NGOs, associations and foundations into sustainable partnerships, committing ourselves in this sense to ensure the necessary assistance and legal advice in all stages of establishment and for the resolution of all particular cases arising in practice.