GAP - Laywers
Limited Responsability

PT/ ENG

International Trade and Exports

Area members: Amadeu José dos Santos and Ana Herculano

 

  • Documentary credits, remittances and other means of international payment
  • Funding for internationaltransactions
  • InternationalcollectionGuarantees
  • Conflicts arising in the international scope of purchases and sales and international commercial arbitration
  • ExportCreditInsurance

Compliance

Area members: Amadeu José dos Santos and João Prazeres de Matos

 

  • Prestam-se serviços de consultoria, preparação e acompanhamento
  • Crisis management andbusinesscontinuity
  • Protectionofcompetition
  • Defense of data protection
  • Money LaunderingPrevention
  • Prevention of conflicts of interest in financial institutions
  • Insider trading control for issuers of securities

Administrative Litigation

Area members: Paula Baião, Nuno Vaz Estevinha and Patrícia Campos Ferreira

 

Resolution of contentious disputes, such as
  • Specialadministrativeactions
  • Commonadministrativeactions
  • Subpoenas
  • Protectivemeasures
  • Executions

Civil Litigation

Area members: Paulo Dias Tavares, Ricardo Mendonça da Luz, Nuno Vaz Estevinha and João Prazeres de Matos

 

  • Pre-litigationassistance
  • Advice on the risks inherent to the judicial process
  • Assistance in cases before the Portuguese courts, including the preparation of interim measures
  • Process Monitoring in the three possible degrees of appeal

Commercial Litigation

Area members: Amadeu José dos Santos, Ricardo Mendonça da Luz, Nuno Vaz Estevinha and João Prazeres de Matos

 

  • Credit Recovery
  • Insolvency and Corporate Recovery
  • Validity, interpretation and performance of contracts and commercial
  • Agency Agreements, Distribution, Franchise and Concession

Misdemeanour Litigation

Area members: Ana Paula Fontes, Ricardo Mendonça da Luz and João Prazeres de Matos

 

  • Town Council Litigation
  • Roadtraffic Litigation
  • Environmental Litigationl

Employment Litigation

Area members: Paulo Dias Tavares, Paula Baião, Ana Paula Fontes, Ricardo Mendonça da Luz and Ana Herculano

 

  • Redundancy disputes
  • Complaint Credits Labour
  • Disciplinary Proceedings
  • Workplace Accidents

Criminal Litigation

Area members: Paula Baião, Ana Paula Fontes, Ricardo Mendonça da Luz and João Prazeres de Matos

 

  • Negligent homicide, in particular due to road accidents
  • Violent crime (murder, kidnapping, unlawful restraint)
  • Crimes against property (theft, fraud, extortion, cheating, breach of trust)
  • Crimes against persons (bodily injury, medical malpractice)
  • Drug trafficking
  • Money laundering, corruption, embezzlement, abuse of power
  • Tax evasion and tax offenses
  • Financial Crimes for violation of disciplinary rules of the market activity, whether imposed by the Securities Code, whether the regulatory activity of the market (CMVM or the Bank of Portugal)
  • Proceedings with respect to violations of Intellectual Property

Corporate Litigation

Area members: Paulo Dias Tavares, Paula Baião, Ricardo Mendonça da Luz and João Prazeres de Matos

 

  • Disputes/suspension of corporate decisions – Disputes/suspension Board of Directors’ resolutions
  • Directors’ and Officers’ Liability (Managers/Directors/Supervisory Board)
  • Appointment and removal of corporate boards holders/legal notices/processes relating to the share capital
  • Protection of minority shareholders
  • Failure of distribution agreements and agency of its indemnity claims

Tax Litigation

Area members: Paula Baião and Nuno Vaz Estevinha

 

  • Permanent tax advisory companies, local authorities, associations and their services
  • Consulting and tax optimization of restructuring and internationalization operations
  • Tax Consultancy in international taxation headquarters
  • Tax Litigation
  • Tax misdemeanours
  • Drawing up of legal advice
  • Advice in criminal tax litigation

Public Procurement

Area members: Nuno Vaz Estevinha

 

  • Monitoring of public entities in choosing the type of procedure to be followed
  • Preparation of procedure parts (competition programs, specifications, etc.)
  • Monitoring of the entire course of the procedure, including proposals for negotiating sessions
  • Assistance in the preparation of proposals and challenging procedural acts

Corporate Governance

Area members: Amadeu José dos Santos and Ana Herculano

 

  • Records and authorizations for the protection of personal data
  • Harassment Prevention at work
  • Compliance with corporate governance rules

Administrative

Area members: Paula Baião, Nuno Vaz Estevinha and Patrícia Campos Ferreira

 

  • Administrative Litigation in various areas
  • Public Procurement in general
  • Public Works Contracts
  • Urbanism

Banking and Financial

Member of the area: Amadeu José dos Santos

 

  • Advice within the institutional banking law (regulation and banking supervision)
  • Assistance of corporate and regulatory aspects related to the activity of these institutions and financial products in the corporate finance area
  • Preparation, negotiation and formalisation of bank contracts of a different nature, namely financing contracts, leases and factoring
  • Credit Restructuring

Commercial

Area members: Amadeu José dos Santos and Paulo Dias Tavares

 

  • Company formation
  • Mergers
  • Acquisitions
  • Demergers
  • Transformations
  • Transmissions of shareholdings, businesses or assets
  • Group Restructuring
  • Corporate finance

Constitutional

Area members: Paulo Dias Tavares and Paula Baião

 

  • Protection of rights, freedoms and constitutional guarantees
  • Concrete Supervision of Constitutionality

Family, Juvenile and Succession

Area members: Amadeu José dos Santos and Paulo Dias Tavares

 

  • Litigious Divorce
  • Divorceby mutual consent
  • Regulationof parental responsibility
  • Divisions of inheritances

Health and Pharmaceutical

Member of the area: Ana Herculano

 

  • Introduction of authorisation of the reference medicinal products and generic medicines
  • Import and export of drugs
  • State Reimbursement in the price of drug
  • Licensing distribution authorisation holders entities wholesale drugs
  • Licensing of pharmacies, including their transfer
  • Conducting clinical trials
  • Misdemeanor proceedings brought by regulators.

Environmental

Member of the area: Paula Baião

 

  • Adaptation of the organizations rules and legal requirements for environmental projects
  • Analysis and management of legal risks
  • Analysis and formatting carbon sequestration projects ( the Kyoto Protocol and the Clean Development Mechanism)
  • Environmental Impact Ratings
  • Licensing of economic activities and emission of effluents, waste management, health and safety
  • Environmental offense Processes
  • Obtaining titles of use in the public domain

Consumer

Area members: Paulo Dias Tavares and Ana Herculano

 

  • Fundamental rights and consumer protection
  • Debt and consumer in debtedness
  • Advertising
  • Quality and product safety

Employment

Area members: Paulo Dias Tavares, Paula Baião, Ana Paula Fontes and Ricardo Mendonça da Luz

 

  • Negotiating collective and individual labour contracts
  • Termination of trading of individual employment contracts
  • Support for human resource departments in companies
  • Preparation of legal opinions on labour, individual or collective situations
  • Preparation of inquiries and disciplinary procedures
  • Emerging Equity industrial accidents and occupational diseases
  • Offences labour
  • Advising on the acquisition and merger of companies and corporate restructuring

Urban Planning

Area members: Paula Baião and Ana Paula Fontes

 

  • Land-use planning: spatial plans and projects of national interest
  • Planning
  • Development Planning: detailed plans
  • Analysis of urban soils
  • Control and monitoring of administrative processes of urban transformation
  • Verification o permits and licenses
  • Analysis of compliance with the requirements of the relevant sectorallegislation
  • Checking for restoring legality of procedures or punishment

Insurance

Area members: Paulo Dias Tavares and Ana Herculano

 

  • Insurance contracts
  • Regulation and supervision
  • Corporate operations: bancassurance alliances; mergers, demergers and acquisitions of insurance and reinsurance undertakings, and domestic and international operations of assignment of insurance portfolios
  • Mediation of insurance and reinsurance
  • Plans and pension funds

Tax

Area members: Ana Paula Fontes and Nuno Vaz Estevinha

 

  • Consultancy in various taxes, planning application to legal and natural persons of legal savings mechanisms
  • International Tax Planning
  • Tax planning, particularly in the VAT, IRC, customs fees and stamp duty
  • Tax Litigation in variousareas

Real Estate

Area members: Paula Baião, Nuno Vaz Estevinha and João Prazeres de Matos

 

  • Assistance to developers, builders and real estate agents in the various stages of the projects, drafting of works and supply contracts, pledge contracts, purchase and sale deeds, exchanges, mortgages, leasing, financing and records
  • Eviction claims
  • Negotiation with tenants

Maritime and Transport

Member of the area: Paulo Dias Tavares

 

  • Construction, financing and acquisition of ships
  • Operating Contracts and operation of ships
  • Navigation Accidents
  • Litigation and marine insurance
  • Mergers and acquisitions of related companies to the maritime sector
  • Ports: terminals and port services; regulation and financing
  • Purchase and international sales
  • Super-yachts
  • Tourism law
  • Sea fishing
  • Labor and tax law of maritime business
  • Restructuring and Insolvency shipping companies and shipyards
  • Financing, leasing, renting, and buying and selling of vehicle fleets and rolling stock
  • Concessions and freight authorisations and passengers and rail access
  • Acquisitions and mergers of transportation companies
  • Freight operators and vehicle rental
  • Rail accidents and administrative procedures, legal and arbitration
  • Transportation insurance by road, rail and rolling stock

Corporate

Area members: Amadeu José dos Santos, Paulo Dias Tavares and João Prazeres de Matos

 

  • Company formation
  • Merger, demergers, transformation and dissolution of companies
  • Acquisition and control of shareholdings
  • Shareholder agreements, social pacts changes, transfers of quotas and shares

Mergers and Acquisitions

Member of the area: Amadeu José dos Santos

 

  • Acquisition of all kinds of unlisted companies by purchase, merger, capital increase, etc.
  • Acquisition of listed companies (takeover bids), including operations with a view to withdrawal of trading on regulated markets (public-to-private transactions) and excluding minority shareholders, if applicable
  • Turn-arounds, restructurings. Advice on investments in companies in financial difficulties (distressed M&A)
  • Mergers, demergers, global transfers of assets and liabilities, domestic and cross-border.
  • Corporate restructuring and groups
  • the headquarters shift to other jurisdictions
  • Distribution of dividends and reserves
  • Acquisition financing. Advice to buyers and financiers: senior and mezzanine financing.
  • Emissions of bonds, debt instruments
  • Securitisation of assets

Foreigncitizens

Area members: Ana Paula Fontes and João Prazeres de Matos

 

  • Acquiring Portuguese Nationality
  • Legalization
  • Residence
  • Fiscal Regime

Insolvency and Restructuring

Area members: Ana Paula Fontes and Ana Herculano

 

  • Advice in the pre-insolvency stage
  • Responsibility of administrators
  • Preparation of agreements between creditors
  • Insolvency administrator Activity monitoring
  • Expedients relating to collective redundancies
  • Advice on liquidation stage
  • Recognition and enforcement of judgments in foreign insolvency proceedings
  • Investment in insolvent assets or liabilities
  • Company Restructuring and group
  • Refinancing and debt restructuring
  • Advice on the stage prior to insolvency
  • Negotiation with financial institutions of distressed debt funds or
  • Standstill agreements and “bridge loans”
  • Structuring guarantees packages
  • Acquisition of assets and debt of companies in crisis (distressed assets & debt)
  • PaymentAgreements
  • Debt Capitalization

Foreign Investment

Member of the area: Amadeu José dos Santos

 

  • Legal advice for foreign capital investment in Portuguese companies
  • Legal advice for investment of domestic companies abroad
  • Registration and regularization of foreign capital

Media and Social Communication

Area members: Amadeu José dos Santos

 

  • Advice on the sectoral regulation of audiovisual media and other media services
  • Legal status of entities providing audiovisual services
  • Buying and selling companies providing audiovisual media services and media
  • Assistance for participation in public tenders.

Industrial and Intellectual Property

Area members: Amadeu José dos Santos, Ana Paula Fontes, Patrícia Campos Ferreira and João Prazeres de Matos

 

  • Insignia marks and patents registration processes, as well as domain name registration
  • Copyright and publishing contracts, considering this area new branches of law such as the Information Technology and the Internet
  • Technology transfer and technical assistance agreements
  • Software Licensing

Notary

Member of the area: Patrícia Campos Ferreira