French Commercial Law lawyer
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Our commercial lawyers
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Our lawyers work in these areas:
What is commercial law?
Commercial law is part of private law, it belongs to the sphere of business law and governs the exercise of the individuals or businesses who engage in commerce. It also defines the legal regime applicable to commercial deeds and commercial operations. In fact, Commercial law deals with relations between private individuals and legal entities. It includes a great deal of tax law, but on the whole commercial law is privatist. From the outset, commercial law has been the merchant’s law. It sets up all the rules applicable to them, in their dealings with each other or with a third party. There are two branches of Commercial law: Economic law and Business Law.
Economic and commercial law:
- Economic law is the law that applies to all economic activities. Commercial law is therefore part of economic law, but not the other way around. On the other hand, economic law ecompasses commercial law.
- Economic law covers all State interventions in the economic sphere.
Business and commercial law:
- Business law encompasses commercial law, but it is broader than commercial law. More comprehensive, business law is the body of knowledge required by a lawyer. Commercial law is therefore a part of business law.
- As a branch of private law, commercial law is essential for all entrepreneurs. A knowledge of the principles of commercial law protects the individual or business from third parties and secures their contractual relationships.
- A manager who knows the rules of business is better able to forge lasting partnerships and grow his business faster. When it comes to international relations, they are -able to implement reliable investment strategies.
In principle, business law is composed of different subjects:
- Compulsory subjects:
– Law of goods affected by the economic activity
– Competition law
– Law on payment and credit instruments
– Insolvency law.
- Non-compulsory subjects:
– Bank law
– Insurance law
– Transports law
– Economic public law
– Business criminal law
– Intellectual property
Trial
Our victories in Commercial law
Our dedicated team of lawyers work tirelessly to defend your interests, providing you with tailored legal solutions and high-quality representation
Service
What is the role of a commercial lawyer?
The lawyer participates in and safeguards the company’s various commercial activities. His/her expertise in private law is wide enough to comprehend and apply competition law, franchise law or business law.
Legal conformity and commercial activities development
The creation, operation and development of commercial activities take place within an increasingly complex legislative framework. Consequently, these activities require professional legal assistance and effective advice, capable of guaranteeing the company optimum legal security.
In today’s rapidly evolving legal landscape, the complexity of French, European, and international regulations is increasing. For traders and merchants, understanding these regulations is crucial to ensuring their business operations remain lawful. Navigating this complexity often requires the expertise of legal professionals, especially when dealing with disputes or establishing new business ventures. Keeping up with the ever-changing laws, decrees, regulations, and court rulings is a challenge for any business leader. Commercial law impacts nearly every aspect of a company’s operations.
Businesses need precise and reliable legal guidance to ensure compliance in their dealings with suppliers, customers, partners, and competitors. As legal regulations grow more stringent, companies operate in an increasingly globalized and digitalized market, which can be difficult to manage without expert support. Having a commercial lawyer by your side provides the confidence and security necessary to navigate these challenges.
Whether you are a very small enterprise (VSE), small or medium-sized enterprise (SME), intermediate-sized enterprise (ETI), start-up, or large multinational, your needs are unique. Our firm is dedicated to alerting clients to potential risks and pitfalls associated with specific activities or product and service launches. We proactively address future needs and risks by drafting tailored contracts and clauses. Our expertise extends to handling the most complex commercial transactions in Paris, across France, and internationally.
We offer comprehensive legal services, including advisory and litigation support, for retailers and businesses of all sizes. Trust us to be your partner in achieving legal compliance and business success.
Our legal expert actively engages in and secures various commercial activities for your company. With extensive knowledge in private law, his expertise spans business law, competition law, and franchising law, ensuring comprehensive legal support for your business needs.
In times of difficulty, swift action and an effective litigation strategy are crucial. Goldwin Law Firm is here to help you craft this strategy and defend your interests before competent jurisdictions, ensuring the protection and promotion of your company’s interests.
For instance, when a debtor fails to pay despite numerous reminders, engaging a lawyer often becomes essential for debt recovery. A lawyer’s involvement not only legitimizes the dispute resolution process but also signals the potential for costly legal proceedings, motivating debtors to settle quickly.
Goldwin Law Firm assists and advises companies in amicable, pre-litigation, and litigation stages of debt recovery.
Led by Maître Jonathan BELLAICHE, Goldwin Law Firm partners with companies, providing support in negotiating and drafting essential legal documents and addressing contentious situations. We offer comprehensive legal advice at every stage of your business activities. Our expert lawyers assist with:
- Structuring the legal entity of your company.
- Drafting and negotiating contracts, including service contracts, outsourcing agreements, partnership agreements, business introducer contracts, confidentiality agreements, distribution contracts, and franchise agreements.
- Establishing General Terms of Sale or General Terms of Purchase for your offline or online business activities.
- Negotiating commercial leases and handling arbitration proceedings.
- Resolving commercial disputes.
Trust Goldwin Law Firm to provide the legal expertise and support your business needs to thrive.
A commercial lawyer negotiates and drafts commercial contracts, distribution contracts, and franchise agreements. They secure the company’s commercial operations by anticipating potential future disputes. These contracts are often set aside until a situation deteriorates with a commercial partner.
Our business law firm drafts General Terms of Sale for both online and offline transactions, as well as franchise agreements and selective and exclusive distribution contracts, both in France and internationally.
Additionally, commercial lawyers draft all the everyday contracts a company needs, such as sales contracts, mandates, loan offers, insurance contracts, supply contracts, service contracts, subcontracting agreements, and more.
Every commercial transaction gives rise to legal rights and obligations:
– Commercial deeds by nature: Purchases and sales of goods, brokerage or insurance operations, transport operations, etc.
– Ancillary commercial deeds: Purchases of professional equipment, company vehicle purchases, etc.
– Commercial deeds by form: Bills of exchange, etc.
As experts in commercial law, we assist with the sale or acquisition of business assets and handle all matters related to lease law, including lease management. The transfer of business assets involves specific formalities, such as notifying third parties, particularly the transferor’s creditors, tax authorities, and public bodies. We provide shopkeepers with expert advice on the best course of action.
Our firm has extensive expertise in real estate corporate law. Our lawyers handle the negotiation of commercial leases, their execution over time, and their renewal. We also intervene in cases of legal or amicable termination of commercial leases.
We address questions such as: What should be done if the business assets buyer agreement clause is not respected? How should one respond to unauthorized changes in commercial activity? What steps should be taken in case of subletting a commercial lease?
Our firm offers comprehensive support for companies dealing with debt statements, debt recovery, and insolvency proceedings. We also represent clients in commercial disputes during hearings before magistrates. Our services include enforcing retention-of-title clauses for sold goods or addressing issues where sale prices are held in escrow. Beyond commercial law, we assist companies with legal actions against counterfeiting and unfair competition. We handle cases involving contractual or criminal liability, as well as civil or criminal liability of business owners. Our expertise extends to managing disputes between partners, conflicts with employees, and excessive breaches of established commercial relationships.
A commercial lawyer from our firm is adept at defending clients before the Commercial Court. We are valuable allies in times of difficulty, including collective proceedings, cessation of payments, or compulsory liquidation. Additionally, one of our commercial law experts, registered with the Paris Bar, is available to assist with payment guarantees and banking law matters.
Debt recovery and management of unpaid debts are crucial aspects of commercial activity. Commercial law encompasses numerous regulations regarding invoicing and payment processes. A commercial lawyer ensures your invoices are compliant with legal standards, issues formal notices to debtors, and, if necessary, takes steps to recover outstanding debts.
Should reminder notices fail, legal action may be required. To prevent this, we can arrange payment guarantees such as surety bonds. For amounts up to €4,000, there is no need to go through the Commercial Court. Instead, your lawyer can engage a court bailiff to issue a writ of execution, providing a quicker and more efficient alternative to traditional debt recovery proceedings.
Legal complex norms are multiplying on a national, European and international scale. Every shopkeeper must know them because they are managing the legality of its activity. Against this complexity, legal specialists intervene while disputes or while the setup of a new commercial activity. No company runner, no shopkeeper can control laws evolution, decrees, regulations, legal decisions, etc. Each to his/her role to succeed his/her business. Yet, commercial law rules almost each operation made by the company. Economic operators need reliable legal answers, answering their needs. They must know at every moment if they intervene legally regarding their providers, clients, partners and competitors. Legal rules are more and more restrictive for companies. Those latter evolved in an out of control digital and worldwide market. A commercial lawyer with you brings trust, safety and insurance.
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