PRACTICE AREAS

SPECIFIC TO BUSINESSES AND PROFESSIONALS

  • Commercial contracts

Writing and reviewing of contracts of all kinds (sale, supply, enterprise, lease, transport, insurance, credit, leasing, deposit, franchise, mandate, company, sponsorship, copyrights, services etc.) between legal entities, registered sole traders or other professionals, including nonspecific, complex, foreign-based contracts or based on international treaties (such as the 1980 Vienna Convention on the International Sale of Goods, UNIDROIT Principles or EU Treaties with Other States or regional organizations).

  • Company / Corporate Law

Establishment, reorganization and dissolution of companies, including verification of the availability of the name, drafting and revising the acts of incorporation of economic operators (e.g. LLC, joint stock companies) and subsidiaries and branches, various GMS decisions, authorization of activities, opening of work points, obtaining statutory certificates and other procedures specific to the Trade Registry, merger and divestiture projects, mandate contracts for managers and directors, internal regulations, due diligence and audits for mergers and acquisitions.

  • Tax law and contentious fiscal litigation

Consultancy in the field of Romanian and EU tax law and double taxation conventions (CEDIs), in particular on corporate tax, on micro enterprise corporate tax, on VAT, on income tax, on compulsory social security contributions, retention of tax at source, local taxes and dues, deductibility, re-qualification risks, transfer pricing. MMC also advises on tax and fiscal procedures such as records, reports, inspections, administrative appeals for tax decisions and other tax administrative acts, legal actions against tax decisions and other procedural tax measures, against asset forfeiture and enforcement measures.

  • Administrative litigation

The preliminary proceedings and judicial challenge to the express or tacit refusal of a public authority or an assimilated entity to issue an individual or normative administrative act, contesting the issue or content of a normative or individual administrative act, including, in particular, building permits, operating permits, environmental permits and authorizations, concession contracts and other administrative contracts.

  • IT Law and Intellectual Property Law

Terms and conditions for websites and e-commerce sites, copyright transfer contracts, especially in the field of computer software development, in the field of literary, artistic and scientific works, in the field of artistic and audiovisual interpretation, trademark law and patents, Internet law, copyright in an international context, combating piracy, plagiarism and counterfeiting, representation in relation to ROFC, EUIPO and WIPO.

  • Insolvency Law

Requests for the opening of insolvency proceedings, applications for voluntary reorganization or bankruptcy, statement of claims, assistance and representation in the creditors’ meetings and committees, administrator’s liability, fraudulent insolvency issues, actions for annulment of acts made by the administrators of the insolvent company, debt recovery, reorganization plans, insolvency of natural persons qualified as professionals, ah-hoc mandate and preventive conciliation, transnational insolvency.

  • Criminal business law

Defense during the criminal prosecution and judicial proceedings (preliminary chamber, merits of the case, ordinary and extraordinary remedies), drafting of criminal complaints and contesting the prosecutor’s solutions in relation to business-specific offenses in business contexts, such as certain offenses of service, forgery, offenses under Law 31/1990 on Companies, Law 85/2014 on Insolvency, Law 8/1996 on copyright, tax and accounting legislation, competition law and other sub-areas of criminal business law.

SPECIAL FIELDS

    • Personal data protection

Assessment, organization and monitoring of the application of EU Regulation 679/2016 (GDPR) and national secondary legislation (acts issued by the national competent authority), DPO activities (Data Protection Officer) based on MCC’s staff certified as DPO, assistance and representation in disputes and litigation regarding protection of personal data, assessment and review of contractual clauses related to the prevention of unlawful processing of personal data.

    • Medical Law / Malpraxis

Consultancy for the establishment, organization and operation of forms of exercise of medical professions, for the assessment of compliance with healthcare legal requirements, in particular with regard to patients’ rights, authorizations and to specific labor law provisions applicable in a medial context. MMC also provides assistance and representation in medical malpractice cases, considering that its own staff is double-licensed in medicine and law.

    • Asociative law / NGO

Consultancy for the establishment, organization and operation of associations, foundations and federations, including sports clubs, cameral organizations for liberal professions and other special categories of NGOs, as well as classical associations of owners at the condominium level or at the level of a small neighborhood, and other categories of nonprofit organizations. Amendments to constitutive acts, including drafting or reviewing constitutive acts, convocation letters and minutes of the management and control bodies, assisting and representing organizations in litigation with their own members or former members, or regarding the legitimacy of the bodies, advice and assistance to join or withdraw from federal structures, to develop and promote the adoption of framework legislation and to modify the existing one.

    • Law on foreigners

Consultancy, assistance and representation of non-EU citizens in obtaining the Romanian visa, extension of the right of residence and obtaining the right of long-term residence, tax residence and domicile on the territory of Romania, obtaining citizenship, various rights for family members, recognition of study papers and other certifications, obtaining the right to work and other endorsements, authorizations and supporting documents, including in the field of social insurance and representation and assistance in relation to the immigration authority, tax authorities and other authorities, as well as in relation to credit institutions, utility providers, local public administration authorities and employers.

    • Environmental Law

Consultancy, assistance and representation in the procedures for obtaining environmental permits, agreements and authorizations, and other such regulatory acts, respectively, blocking the issuance of abusive ones, or their annulment and of the subsequent acts, and the halting of activities illegally started. MMC also deals with special sub-domains such as access to information and public participation in environmental decision-making, the right of protected natural areas, biodiversity law, landscape law, water law, waste management law, forestry and hunting rights, environmental aspects of urbanism law, and landscaping, and the drafting, promotion and modification of environmental normative acts and aspects of EU and international environmental law.

    • Tourism and Sports Law

The licensing of tourism agencies, the licensing of tourism management staff, the authorization of tourist guides, the classification of tourist accommodation units, the marketing of tourist packages, the approval of tourist infrastructures and the attestation of tourist resorts, the inventory of tourisic patrimony and the endorsement of activities with impact on tourism. MMC has specific experience on special sub-domains such as organization, literature, training, planning and tourism infrastructure and responsibilities in the field of active, mountain, sports, environmental and adventure tourism. In the field of sport, MMC has expertise in setting up, endorsing and authorizing sports clubs, affiliation to national sports federations, sporting regulations and disciplinary litigation, specific sporting contracts, and public funding and civil liability issues in sports

    • Legislation drafting

MMC lawyers have experience in drafting, at the request of Clients, of law projects, government’s decisions, ministerial orders, and county and local council decisions, including explanatory motives, grounding notes and supporting documentation, as well as in lobbying and advocacy activities to promote the adoption of these projects or to modify existing normative acts. In this respect, MMC lawyers have regular contact with many central and local public authorities and extensive expertise on public consultation and public participation, including the implementation of Law 544/2001 on free access to public information and Law 52/2003 on decisional transparency in public administration, being the first at national level to obtain the field of judicial annulment of a normative act based on Law 52/2003.

GENERAL / CLASSIC LAW

    • Labor law and social security law

Drafting and reviewing individual and collective labor agreements, job descriptions, internal regulations, including timetables, clauses and agreements on non-disclosure, non-competition, non-recruiting, and so on. Assisting employers and employees in negotiations, evaluations and disciplinary proceedings, in amicable settlement of disputes and representation and assistance in labor judicial disputes. Advice on the interpretation of legal norms, drafting and managing various documents with labor law implications. MMC’s lawyers also have specific experience on subdomains such as labor-related taxation, occupational health and safety issues, vocational training, intellectual property in the context of labor law, and labor relations with foreign elements, transnational delegations and detachments, transfer of enterprises, international mobility and related issues.

    • Urban and real estate law

Obtaining town planning certificates and related permits, demolition and building authorisations, other permits, adopting or modifying urban plans, respectively preventing their adoption / issuance and revoking / annuling them and their consequences if they were issued illegally. MMC also advises, assists and represents Clients on plans for expanding and managing utilities networks, for the sale, commissioning and renting of land or residential, commercial buildings and formation of dismemberments of the ownership right, and related activities and subdomains.

    • Family law and inheritance

Recognition and transcription of foreign documents regarding civil status, matrimonial conventions, ascertainment that an asset is not marital property, divorce, partition actions and proceeding for establishing the custody of minors, drafting and interpretation of wills, assistance and representation in notarial or judicial inheritance procedures, in the process of establishing or contesting of filiation, adoption procedures, and other areas of family and inheritance law.

    • Guarantees and debt recovery

Consultancy, assistance and representation in the creation, registration in official registers (Land Registry, Securities Registry, etc.) and execution of real estate and movable collateral, personal guarantees (fiduciary), including assisting in forced execution procedures, respectively defense against them if they are illegitimate. MMC also provides legal services for the recovery of unsecured claims and engages in assistance in the case of legal debt collection, including in the case of public debts, or when forced execution has to be done abroad or has other atypical characteristics.

    • The law of public office

Advice, assistance and representation in administrative and court proceedings in matters of appointment and dismissal of civil servants or dignitaries, as well as related to the Client’s wage or other rights. MMC lawyers have previous experience in this area, including in special situations such as in the case of military cadres, civilian personnel assimilated to military cadres, civil servants with special status, and the like.

    • Consumer rights and civil contracts

Consultancy, assistance and representation of the consumer in relation to the professional supplier of goods or services, in the amicable, administrative or judicial proceedings, where appropriate, to resolve a dispute under consumer protection law, including in specific matters such as abusive clauses, consumer credit, e-commerce, the marketing of food etc. In the field of civil contracts, MMC’s lawyers deal with virtually the whole range of contracts that individuals conclude in the civil sphere, including their termination or forced execution of contractual or legal obligations or execution by equivalent and obtaining penalties.

    • The law of administrative sanctions

Contesting penalties related to traffic, public order, waste management, environmental protection, including appeals and recovery of fines paid in the case of granting by the court of the complaint. MMC addresses the administrative offences proceedings in the light of ECHR jurisprudence and the Court of Justice of the European Union and advocates for the modification of Romanian national legislation in order to eliminate issues that are contrary to human rights law.