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SPECIALIZATION

Professional expertise and tight specialization are the key to success.

Zabýváme se:
Public Procurement
Corporate & Commercial Law
Insolvency
Drawing from EU funds

Corporate & Commercial Law

We provide legal advisory in all corporate affairs for all forms of company, including the “European Company”. Our service comprises the foundation of a company, including drafting the founding documents, securing all the necessary business licences and permissions and filing a petition for incorporation in the Commercial Register. Furthermore, we provide all the legal advisory concerning the formal statutory requirements concerning a company, corporate governance, changes in registered capital, changes in the ownership of a company, pledging an ownership interest in a limited liability company and all the issues administered by the Court responsible for the Commercial Register. We prepare the acquisition of shares in a joint-stock company, the acquisition of an ownership interest in a limited liability company, the acquisition of a company’s assets and the acquisition of a company’s business or a part thereof.
In the framework of holding group regulation we provide our clients with advisory regarding the creation of an optimal holding group structure and corporate governance within the holding group, we draft the controlling agreement between the controlling company and the controlled company and all the other necessary contracts and notification documents.

 

Whilst providing our corporate & commercial legal service we give due care to our clients´ needs and we act in their best individual interests. Our goal is to limit their administrative, time and financial costs when performing obligations arising from contracts or tort. We have plenty of experience in the corporate & commercial field of law thanks to the ongoing trust placed in us by our international and domestic clients.


Over the years we have prepared many petitions for incorporation in the Commercial Register and company resolutions, extensive company transformation documentation and provided frequent consultancy regarding company directors’ and officers’ liability.
  • Advising a highest-level administrative unit in relation to the complex legal aspects of a mixed contract and in relation to amendments regarding the intent of a new construction realisation, including the construction of the largest photovoltaic power plant in the Czech Republic, totalling circa 1 billion CZK
  • Advising on the dissolution of a company operating in dozens of countries around the world
  • Advising an international holding group on designing an optimal corporate governance model and advising on corporate matters
  • Advising a leading Czech company in the car dealership industry in relation to criminal proceedings under the Act on Criminal Liability of Legal Entities and comprehensive advising on corporate governance matters

Mergers & Acquisitions

BRODEC & PARTNERS provides high-quality legal services in company transformations, including domestic and cross-border merger by acquisition or consolidation, de-merger by acquisition, de-merger by spin-off acquisition, transfer of business assets to the main shareholder and transformation of a company’s legal form. We provide legal advisory through all phases of the transformation. Our services include creating the optimal procedure for the transformation, carrying out a due diligence of the company, dealing with the other party to the transaction, drafting all the necessary contractual and related documents and satisfying all the regulatory requirements including incorporation of the transformation in the Commercial Register and other relevant public registers.
  • Advising on relocation of the registered office of a company from the Czech Republic to Slovakia, including risk assessment and relocation process designing
  • Advising a leading Czech company in the car dealership industry on the division of the company in the form of a spin-off
  • Advising an international holding group on an international acquisition of a company in Croatia
  • Advising a company providing telecommunication services in respect of the sale of its plant to a telecommunication service provider for several hundred million CZK; it has been one of the largest transactions on the Czech telecommunications market

Securities law

BRODEC & PARTNERS provides high-quality legal services regarding securities issued under Czech law. We offer legal support concerning the issue of securities, the transfer of securities, the use of securities as collateral, conflict of laws and choice of law applicable to securities. Our services include drafting contracts and legal representation.
Moreover, we provide complex advisory in the area of investment, particularly in securities investment, in intermediaries and in their statutory obligations. Naturally, we offer advocacy services in administrative proceedings before the ČNB.
Jan Brodec wrote the section on securities in the Wolters Kluwer commentary on the new Act on Private International Law.

Insolvency

We provide legal advice throughout insolvency proceedings. We represent creditors, on their behalf filing the insolvency petition and claim submissions. We may also represent the client in the creditors’ committee and in all disputes arising out of or in connection with insolvency proceedings (i.e. particularly adversary and exclusion disputes, proceedings for compensation for damage caused by a breach of an insolvency trustee's obligations).
To debtors, we offer legal advice regarding possible solutions to their bankruptcy, filing the insolvency petition and representing the client throughout the insolvency proceedings.
  • Comprehensive advising and representation of a tax administrator in relation to the collection of fines for violating the budgetary discipline within the execution and insolvency proceedings
  • Advising and representation of a creditor – an international holding group – in relation to insolvency proceedings and reorganization of a debtor
  • Advising and representation of a creditor – a public corporation – including the representation in the proceedings for the recovery of assets from the debtor’s property
  • Advising and representation of an international holding group on the registration of a claim arising from a promissory note in the total value of several hundred million CZK in insolvency proceedings with an international element

Public Procurement

Regarding public procurement, we offer contracting authorities complete legal consultancy concerning the preparation of tenders and other contractual documentation, the evaluation of submitted tenders from the legal point of view, compiling objections and representing the client in disputes and proceedings arising out of or in connection with public contracts, including proceedings before the Office for the Protection of Economic Competition for reviewing a contracting authority’s decision.
To tender applicants we offer legal consultancy including tender preparation and submission, compiling objections and eventually petitions to initiate a review of a contracting authority's actions before the national competition authority. In the event that the client's tender is chosen, we can represent the client during contractual formalities with the contracting authority and in the settlement of any disputes arising out or in connection with such a contract.

Due to the fact that the regulation of public procurement in the Czech Republic is amongst the most stringent in the EU, our lawyers have to seek out new, creative solutions. Therefore we appreciate the valuable, useful experience gained through our involvement in one of the most complicated construction projects in the Czech Republic financed from EU Structural Funds. Jan Brodec - managing partner
  • Advising on the matters connected to the completion of the metro line A, involving questions of construction law, engineering, price adjustments and public regulation including questions of public procurement law
  • Advising a contracting authority operating in the field of public transport on in-house procurement
  • Organizing the tender for the project development of the new metro line D
  • Advising the governing body of an operational programme on the reviewing of the procurement procedure practices of subsidy recipients - public entities

Private international law

In addition to private international law, we offer legal consultancy on other legal relations with a foreign element. We offer legal advice, negotiation and the preparation of contractual documents in civil matters with an international element and can represent clients in disputes between Czech legal bodies or individuals and foreign legal bodies or individuals before Czech or foreign courts or arbitration tribunals (e.g. proceedings with a foreign element concerning damages and their enforcement, inheritance proceedings with a foreign element, claims arising out of employment relationship with a foreign element, etc.).
  • Advising on the application of the Vienna Convention on the International Sale of Goods (CISG) and the concurrent application of domestic conflict rules in relation to a purchase agreement of a complex investment product in the total value of several hundred million CZK
  • Advising on the settlement and distribution of decedent’s estate worth tens of millions CZK with an international element, where the property was located in several countries
  • Advising on providing a property guarantee located in the Czech Republic for a loan provided under foreign law
  • Advising and representation of a client on the issuing of a European enforcement order and its subsequent application

International Trade Law

We provide legal consultancy in all business matters with a foreign element. Our services include the negotiation and preparation of entire contractual documentation (international sales contracts, international transport of goods, commercial representation, distribution agreements with an international element, drafting of the general commercial terms for relations with a foreign element, etc.) and legal representation of the client in disputes arising out of or in connection with business relations with an international element before Czech or foreign courts or arbitration tribunals.
  • Advising a leading lithium batteries supplier on drafting a commercial agency agreement concluded with an American and a Chinese company for the Central and Eastern European region
  • Representation of a client – an Austrian bank – before domestic courts in relation to the debt collection from a Czech legal entity, which acceded to the original commitment of a debtor, an Austrian legal entity, under applicable Austrian law
  • Advising a foreign company in a cross-border merger where the successor company was registered in the Czech Republic
  • Advising on designing the parameters of a shareholders’ agreement between foreign shareholders of a Czech corporation, especially in relation to the choice of applicable law and decision on arbitrability of the individual questions

Drawing from EU funds

We deal with specific legal issues which arise from the receipt of finance from so-called EU funds within the scope of particular operational programs. In our law firm we solve these issues with respect both to European law and local law.
We have experience both in regional and centrally-based programs.
  • Advising and legal representation of a highest-level administrative unit in relation to a legal action concerning an alleged state investment and non-investment subsidies in the total value of hundreds of millions CZK
  • Advising the governing body of an operational programme in respect of the rights and duties of a subsidy beneficiary – a railway operator – in relation to the provision of transport services using means of transport partly funded from the subsidy funds under the public service obligation
  • Comprehensive legal advising a client - provider of medical services - in relation to financial adjustment recommended by the European Commission and the following course of action of a governing body of an operational programme in respect of drawing two different grants, each totalling over CZK 200 million
  • Advising the governing body of an operational programme in respect of its rights and duties in relation to the proceedings against the body at the European Commission

IT Law

We provide legal advice in the field of IT law. In this area, we focus mainly on the issues of public procurement in IT and copyright issues. For clients, we prepare contracts on the development of information systems and their subsequent service and upgrade and licensing agreements. In the field of public procurement in IT, we provide contracting authorities with complete legal consultancy concerning the preparation of tenders and other contractual documentation.
  • Advising the governing body of an operational programme on the reviewing of the procurement procedure practices of subsidy recipients – public contracts with the delivery of information systems, respectively their development and service, as the object
  • Advising contracting authorities on public contracts regarding information systems – preparation of tender and contract documentation
  • Advising on copyright issues for custom-made information systems and licence conditions
  • Advising on the website development agreement

Sports Law

In the field of sports law, we provide legal advices to the athletes, sport clubs, sport federations, educational institutions in sport or any other subjects of sporting activities within any sporting projects. Within providing legal services for any subjects outlined above we provide primarily comprehensive legal services connected with contracts, transfer documentation or the conclusion of contracts with advertising agencies or other business partners. Within the services for the sport federations we i. a. prepare rules, orders or other regulations and documents, as well as provide advices in case of their violation. We also provide legal advices in connection with the preparation and execution of sports projects and events, where we provide comprehensive legal advice according to the needs of the client. We are also dealing with the issue of liability in sports including the prevention of risks.
Last but not least we provide advices in relation to the taxation of sporting activities and other charges and with the appropriate defence in the tax or other proceedings. We are also dealing with the issue of the financing of sport, including the issue of grants.
In the field of sports law we emphasize on the individual requirements of an athlete, sport club, sport association or other subject with regard to the specific characteristics of each sport discipline and its internal rules.
  • Legal advices for the founder and operator of the exercising program consisting of setting up international franchise structures associated with the operation of an exercising program in the states of Europe, Asia, USA and Africa, including related contractual documentation
  • Resolution of disputes between players and clubs or between clubs within the arbitration proceedings of Football Association of the Czech Republic
  • Comprehensive legal advices to a sport federation regarding the inclusion of the relevant sport discipline between Olympic sports
  • Advices to a collective sport athlete in the tax proceedings regarding taxation of his income