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VISION STARTS WITH VIEWING THINGS DIFFERENTLY

At Benclinov & Associates our main drive and focus is the successful development of our partners businesses. With a long tradition within the legal world we have by now a thorough understanding of the business environment and an unrivaled expertise in both Romanian and international legal frameworks.
All our services are tailor-made according to each of our client’s needs, targets and development plans for the future. We represent many multinational companies and international investors and our team of experts is always fully committed to providing outstanding legal services and helping our clients achieving their aims in both short and long term.
We take particular pride in always being able to provide for our clients efficient, pragmatic and cost effective legal solutions but also a strong, specialized and customized counseling.
By building a close partnership with our clients, constantly communicating them and always seeking for the best innovative legal solutions we help them turn their business visions into a bright future reality.

  • WHILE OTHERS CHASE FADS, WE DISCOVER TRENDS

  • WHILE OTHERS ARE CONSTRAINED, WE ARE FLEXIBLE

  • WHILE OTHERS MAY BE CONFUSED, WE EXHIBIT CLARITY

Our Areas Of Expertise

Our highly trained and specialized arbitration and litigation lawyers are qualified in many jurisdictions and have extensive experience in handling high profile and complex cases before all major arbitral institutions as well as ad-hoc panels.

Our broad experience and knowledge of various economic sectors and industries empowers our team to provide to our clients the most efficient, creative and cost-effective solutions, assisting them in this way to achieve their business goals.

Furthermore, we strongly believe that pertinent planning and scrutiny of all possible threats and also protection mechanisms available when creating contracts and drafting agreements can actually avoid disputes before they arise, saving our clients a lot of important resources such as time and money.

Our litigation expertise is mainly focused on:

  • Administrative proceedings
  • Advice on dispute resolution and or conciliation strategies
  • Domestic and international corporate and commercial litigation
  • General civil litigation
  • Employment disputes
  • M&A-related litigation
  • Real estate and construction disputes
  • Bankruptcy and debt collection
  • Recognition and enforcement of foreign judgments
The scope of our arbitration work includes:

  • General advice on arbitration issues
  • Party representation as counselor in mediation
  • Arbitration-related litigation; setting aside proceedings
  • Party representation as counsel in arbitration proceedings
  • State contracts, privatization and investment arbitration
  • Joint ventures
  • Sales and distribution
  • Construction and engineering
  • Enforcement or challenge of arbitral awards
At B&A we understand how important the impact of the competition legislation is on a business strategy which has high aims. As our main purpose is to facilitate our client’s path towards success we strive to provide though our unique blend of resources and skills first-class legal advice in this field.

The B&A Benclinov & Associates team of experts within the competition field has extensive and comprehensive national and international experience providing our clients legal counseling in connection with vertical and horizontal cooperation, abuse of a dominant position, legal restrictive areas of practice on agent or distribution contracts under both Romanian and international legislation.

We also advise our clients on their day-to-day business issues such as on commercial practices and agreements as well as on the preparation of filings for Romanian merger control. Furthermore we have the particular competence in developing strategies in connection with civil law litigations and compliance programs and audits.

AS REGARDS THE COMPETITION LAW, OUR EXPERTISE LIES IN:

    • General advice on arbitration issues
    • Party representation as counselor in mediation
    • Arbitration-related litigation; setting aside proceedings
    • Party representation as counsel in arbitration proceedings
    • State contracts, privatization and investment arbitration
    • Joint ventures
    • Sales and distribution
    • Construction and engineering
    • Enforcement or challenge of arbitral awards
Benclinov & Associates is competent to accommodate an expansive range of legal services to either local or international companies or entrepreneurs, from advising our clients on structural and strategic procedures to creating, negotiating and implementing any type of contract.

Our resourceful corporate and commercial team provides clear, innovative and effective legal advices on all major steps of corporate life cycle. With our extensive knowledge and experience we can assist our clients in both domestic and cross-border corporate transactions but also in their ongoing contractual agreements with local or international customers, suppliers or distributors.

Connected with many prestigious international law firms we have a special ability to assist our corporate clients in different jurisdictions, be it at domestic or an international level.

B&A Benclinov & Associates ADVISORY SERVICES COMPRISE THE FOLLOWING AREAS:

Corporate

  • General corpoartion law
  • Corporate establishment and restructuring
  • Corporate governance
  • Corporate disputes
  • Day-to-day Corporate administration services
Contracts & Commercial law

  • General contracts
  • Domestic and cross-border supply and distribution agreements
  • Commercial agreements (including sales, agency, factoring, manufacturing, servicing, transport and outsourcing agreements)
  • Business organizations
  • Establishment of business operations in and out of Romania
  • Commercial activities at domestic and cross- border level
In a fast moving, always changing global economy B&A Benclinov & Associates is well aware that a company’s most treasured asset it’s in actuality its human resource. Because of this we always try to innovate and find the most creative and sophisticated solutions to constantly develop and strengthen this resource, helping our clients in this way to achieve their business goals and targets.

Our highly trained team of experts is able to advise our corporate clients and top-management employees on various matters regarding the employment law frame, domestic or international, from general employment contracts, incentive and bonuses plans, to termination of individual or mass employment contracts.

We also provide assistance to our clients in all regulatory compliance matters and authority disputes including discrimination, data protection and work place safety.

THE SCOPE OF OUR WORK INCLUDES:

  • Employment contracts for executives(incl. compensation packages)
  • Standard employment agreements and employee regulations(such as job description act)
  • Drafting companies labor regulations(as Internal Rules)
  • Employment benefits
  • Business restructurings (incl. collective dismissals)
Although traditionally produced energy and renewable energy are a hot topics at the moment, constantly evolving and developing, the legal framework is still very much entangled and difficult to comprehend in all it’s aspects.

Our team of lawyers dealing with this very important economic sector has been thoroughly trained to help our clients not only to face the challenges brought by this industry but also to take advantage of them, achieving so the desired aims.

B&A’s Benclinov & Associates experts are able to provide legal advice in all the main aspects related to the energy sector, from concessions, distribution and supply agreements, tariffs, licenses to regulatory surveillance.

OUR RANGE OF EXPERTISE IN THE ENERGY FIELD COMPRISES OF:

Environmental

  • due diligence on environment projects
  • drafting of the project documentation
  • waste regulations
  • polluted sites
  • water regulations & aquatic environment protection
  • environmental sanction law
Green Energy Projects

  • legal aspects for wind farm projects
  • legal aspects for solar energy projects
  • alternative renewable energies
  • Business organizations
In an economic environment dominated by the liquidity shortage and lack of financing B&A Benclinov & Associates understands how challenging it is for our clients, be it a company or a financial institution, to find the best solutions when it comes to financial operations and the safety of their businesses. For these reasons we put all our efforts into providing creative and sophisticated legal solutions in order to help our partners to healthily grow and develop.

B&A’s team of lawyers from the finance and insurance department are well versed in advising both the lenders and the borrowers on debt financing, including debt structuring or restructuring transactions. Along the time we have represented financial institutions, international investors and many corporations which put their trust in us to find the most efficient and innovative course of action for successfully accomplishing their goals.

Our extensive work in this field gave us the possibility to build a highly regarded practice in regulatory matters which makes as able to support and guide our clients through this complex system at either domestic or international level.

B&A EXPERTISE IN FINANCIAL AND INSURANCE MATTERS COVERS:

    • Credit facilities
    • Financial leasing contracts and/or financial agreements
    • Financial products and derivatives
    • Project finance
    • Real estate financing
    • Structured finance
    • Drafting debt assignments contracts or conventions for the payment revision of debts and credits
    • Assistance in negotiations with the creditors or for performing a set-off/compensation operation
    • Registration and execution of pledges or mortgages relative to the financing contracts
    • Assistance in negotiations of insurance conditions, as well as adequate quotations and advice and consulting for conclusion of insurance contracts
    • Necessary due-diligence for performing the insurance contracts
    • Advice on Pension funds aspects/matter/field
B&A has a strong tradition in the field of intellectual property & IT, our specialists having the capacity to advise our clients on a wide range of matters concerning patents, trademarks, copyright licensing and many other intellectual property issues.

Combining the expertise and skills of our lawyers from the IP/IT departments with the firm’s competition team of specialists B&A is highly qualified in advising and representing our clients in litigation and arbitration proceedings related with this sector.

We regularly assist our clients with the full range of software contracts and advise them on outsourcing projects, as well as M&A transactions and joint ventures in the IT industry.

OUR SCOPE OF PRACTICE INCLUDES:

Intelectual property:
  • Patents
  • Trademarks and company names
  • Geographical indications
  • Trademark portfolio prosecution and management
  • Designs
  • Copyrights and entertainment law
  • Unfair competition
  • Licensing and technology transfer
  • Technology, pharmaceuticals and biotechnology
  • Trade secrets and know-how
  • Domain names
IT:
  • Data protection
  • E-commerce
  • Network communication
  • Online services
  • Software development and licensing
  • Spam prevention

MERGERS, ACQUISITIONS AND PRIVATIZATION

Our team of lawyers in charge with mergers, acquisitions and privatization has extensive experience and expertise in advising on complex domestic and cross-border transactions.

At B&A Benclinov & Associates we take care of all the stages of a transaction from planning, designing its structure to shareholder agreements, reorganizations, restructurings, regulatory approvals and post-acquisition matters.

Along the time our resourceful lawyers were able to draw and implement for our clients cost-effective, innovative and sophisticated strategies which helped them meet often complex and demanding goals at a local or international level.

THE SCOPE OF OUR WORK INCLUDES:

  • Due diligence
  • Drafting and negotiation of the transaction documentation
  • Organizing of signing and closing
  • Implementing transactions
  • Private acquisitions
  • Private equity investments
  • Joint ventures
Our firms has a extensive experience in representing investors, buyers or sellers in complex real estate matters, B&A’s inter-disciplinary team of lawyers dealing with a wide variety of such transactions.

B&A Benclinov & Associates has a proved successful track record in covering all the legal and regulatory issues in purchase and sale, property finance, leasing and concession, property insurance, public and private construction, public works, property development and investment, mortgages and other collaterals as well as recovery and security enforcement, joint ventures and leasing of all types of properties, be it residential, industrial or office projects.

Furthermore we are able to advise our clients on matters related to environmental issues, from dealing with deal with hazardous waste to contaminated properties.

B&A’s EXPERTISE IN THIS SECTOR IS FOCUSED IN THE FOLLOWING AREAS:

Real estate:
  • Real estate due diligence
  • Commercial and residential leases
  • Environmental matters related to real estate
  • Permits for acquisitions of real estate by persons abroad
  • Real estate development and acquisition financing or refinancing
  • Real estate investments
  • Sale and lease back transactions
Construction:
  • General contractor and construction agreements
  • Permits for constructions for real estate projects
Our team of experts have a wide experience in dealing with all aspects of domestic and cross-border restructurings and insolvency proceedings in various industries.

Along the time we have successfully implemented efficient and innovative strategies for investors and/or creditors as well as corporate debtors and their shareholders or managers who were going through such processes.

We have assisted our clients every step of the way, from debt and equity rescheduling d and restructuring to every procedure regarding the reorganization and restructuration of their company. In the same time we have represented and acted our Clients in front of the Romanian Court during the bankruptcy proceedings or in Creditor committees as their representatives.

B&A’s EXPERTISE IN THIS AREA COVERS IN PARTICULAR:

  • Debt and equity restructuring
  • Reorganizations
  • Business restructurings(incl. collective dismissals)
  • Advice and party representation in bankruptcy and composition proceedings
At B&A we understand how vital it is for our clients to find the best available solutions for trading and transporting their goods in a safe, expeditious and profitable manner.
With a vast experience which encompasses a wide range of proceedings related with trade and transportation matters, our experts have many times advised domestic and international clients on sale-purchase contracts, import/export agreements, maritime, railway and roadway transportation – multimodal transport contracts.

All our efforts and expertise are put into finding efficient and innovative strategies for our clients so that they are able to reach their goals.

OUR EXPERTISE INCLUDES:

Trade:
  • Sales and purchase agreements / commodity sales / distribution agreements
  • Domestic and cross-border supply and distribution agreements
  • Trade finance / letters of credit / UCP 600
  • Drafting and negotiating of logistic contracts
Transport:
  • Counseling for transportation, shipping and logistics companies
  • Transportation contracts and documentation (marine; road; rail; multimodal; charter agreements);
  • INCOTERMS
  • Drafting and negotiating transport contracts (domestic and international, maritime, road, rail and multimodal transport)
  • Claims and claims defense related to transportation arrangements (cargo liability litigation)
  • Representation in legal proceedings with regard to transport damages and breach of shipping agreements
  • Representation and litigation in breach of single or multimodal transport contracts and logistic agreements