Commercial lawyer Archives - GOLDWIN Avocats
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Commercial lawyer

Unpaid debts, debt recovery, bankruptcy, force majeure, unforeseen circumstances, cessation of payments, contractual non-performance, breach of contract, sudden termination of established commercial relations, shareholder and management liability, unfair competition... Goldwin's lawyers are renowned for their expertise in commercial litigation.

What is commercial law?

Commercial law is part of private law. It’s part of the business law and rules the exertion of shopkeeper profession. It also defines the legal regime practical to commercial deeds and commercial operations. Commercial law treats relations between natural and legal persons. It comprises a lot of tax law, but on the whole, commercial law is private. From its origin, commercial law is the merchant’s law. It sets up all the rules practical to the shopkeepers for the relation between shopkeepers but also between a shopkeeper and a third-party. There are two branches of the commercial law: the economic and the business law.

Economic and commercial law:

  • The business law covers the commercial law but it is wider than the latter. Huger, business law covers all the knowledge needed by a jurist. The commercial law is a part of the business law.
  • One of the private law branches, the commercial law is essential for every entrepreneur. A principle knowledge of the Commercial law allows the protection of the shopkeeper regarding third-parties and secure their contractual relations.
  • An owner who knows the commercial rules is more able to build sustainable partnerships and to do well his/her business faster. In the international relations framework, he/she is able to implement reliable investment strategies.

In theory, business law is composed by different subjects:

  • Compulsory subjects:

– Goods law affected to the economic activity – Competition law – Commercial corporate law – Credit and instrumental payments law – Companies facing difficulties 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

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What is the role of a commercial lawyer?

The lawyer participates and secures every commercial activity of the company. His/her expertise in private law is wide enough to know the competition law, the franchise law or the business law.

Legal conformity and commercial activities development

The creation, the use and the commercial activities development are part of a legal framework more and more complex. Yet, those activities need legal professional assistance and efficient advice to give an optimum legal safety to the company.

Commercial activities, disputes

In case of difficulties, it’s essential to be reactive in order to stop, if necessary, the more adapted litigious strategy for you.

Goldwin lawyers firm supports you to define this strategy and defend you in case of litigation before competent jurisdictions, with the determination to guarantee and protect the interests of your company.

For example:

When, despite various reminders, a debtor lasts to pay his debt, the solution to call on a lawyer is, often, an important remedy concerning the debt recovery. Indeed, his status makes him legitimate about the quick dispute resolution. Also, this status involves the risk of a legal evolution of the recovery proceedings, which will be more expensive for the debtor.

The firm supports and advises companies in their amicable, pre-litigious or litigious debts recovery.

The Goldwin law firm, headed by Maître Jonathan BELLAICHE, works alongside companies, both in negotiating and writing the various legal documents required for their activities, and when they face contentious. The firm supports and gives legal advices to his clients, at every stage of their activities. Concerning contractual commercial relations, our experts lawyers help you for:

  • Structure the legal entity of your company.
  • Write and negotiate contracts: services contracts, outsourcing contracts, partnership contracts, business introducer contracts, confidentiality contracts, distribution contracts, franchise contracts.
  • Setting up the General Terms of Sales or General Terms of Purchase for your activity offline or online.
  • Negotiate a commercial lease for an arbitration proceedings.
  • Resolve a commercial dispute

 

 

The commercial lawyer ensures the legal monitoring of the company regarding third-parties. He/She secures negotiations and guarantees the respect of the shareholder rights. A commercial lawyer is an ally for the writing of a commercial contract, but also to defend himself/herself in the event of outstanding debt. The commercial lawyer intervention range is very wide:

 

A commercial lawyer negotiates and writes commercial contracts, distribution contracts and franchise contracts. He/She secures commercial operations of the company anticipating possible futures disputes. That is the role of the contract which will stay in the drawer until the day the situation is damaged with a commercial partner. Our business lawyer firm writes General Terms of Sale online or offline, as well as the franchise and selective distribution contracts, exclusive distribution contracts, in France or abroad. Finally, commercial lawyers also write all the daily company contracts: sales contracts, mandate, loan offer, insurance contracts, supplies contracts, services contracts, outsourcing contracts, etc. Every commercial deed gives rise to legal rights and obligations:

  • Commercial deeds by nature: goods purchases and sales, brokerage or insurance operations, transports operations, etc.
  • Extra commercial deeds: gear purchases or professional equipment, company vehicle purchase, etc.
  • and even commercial dees for form: bill of exchange, etc.

As experts of the commercial law, we participate in the sale or the acquisition of business assets and for every lease law, lease management, etc. Business assets transfer proceedings answer for particular ads formalities near third-parties, especially creditors transferor, near tax services and public bodies. We advise shopkeepers on the best way to act. Our firm is gifted with a great expertise in real estate corporate law. The negotiation of the commercial lease, its execution over time and its renewing are part of the lawyer work. We intervene also in case of legal or amicable cancellation of the commercial lease. What to do if the business assets buyer agreement clause is not respected? How to face a non-authorised commercial activity change? In case of subletting of the commercial lease?

Our firm can assist the company for its debts statements, its debts recovery or debarment statements. We can also intervene in all commercial disputes during hearings before the magistrate commissioner. A lawyer can also be called to claim sold goods with a retention-of-title clause or while the sale price is sequestered. At the border of the commercial law, our firm also supports companies to start legal counterfeiting proceedings or face unfair competition. Each act committing the contractual or criminal liability of the company as well as the civil or criminal owner’s liability. In the same way, a commercial lawyer intervenes while excessive breaches of established commercial relations. He manages disputes between partners and every dispute with a partner or an employee. He/she is skilled to defend his/her client before the Commercial Court. The lawyer is a precious ally when the company face difficulties, collective proceedings, cessation of payments or a compulsory liquidation. One of our lawyers in commercial law registered at the Paris’s Bar also can be called in matters of payment guarantee and about bank law.

The debts recovery and the unpaid debts management are the most important points of the commercial activity. The commercial law has numerous rules in matters of invoicing and payment. A commercial lawyer checks your invoices conformity, gives debtors clients notice and, if necessary, recovers the debts. After the reminder proceedings of unpaid debts, the legal machine intervenes. To avoid this, we can provide payment guarantees such as surety bonds. Up to 4.000 euros, no need to apply to the Commercial Court! Your lawyer contacts a Court bailiff who issues a writ of execution. Easier and faster than a legal 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.

Very small companies, small companies, middle-sized companies, start-up or big multinational companies, each to its level has a different need. We alert our clients about risks and traps of each kind of activity or each kind of services or products launch. We anticipate futures needs and futures risks by writing contracts and adapted clauses. We support the most complex commercial transactions in Paris, all over the country and in the entire world. We intervene in advice and commercial disputes near shopkeepers, small, middle-sized and big companies.

They trusted us

Brilliant team. It’s a pleasure to work with a skilled, efficient and reliable law firm. Cases are taken VERY seriously. Jonathan and his associates are extremely efficient. I highly recommend them.

Alexandre Chombeau

Maitre Jonathan Bellaiche, the firm founder, is more than a lawyer, he’s a strategist, a chess player with a long-term vision who anticipates everything.

Thanks to him and his team.

Yanis Abbas

Responsiveness, a sense of service, determination and mastery of the subject… proven on several cases.

François T.

A golden law firm! Maître Zahedi, Maître Bellaiche and all the firm’s associates make up a great team of efficiency, integrity, professionalism and responsiveness. It’s great to be able to count on professionals who are committed and exemplary, adapting to often tight deadlines. With this law firm you can sleep soundly and peacefully, I fully recommend it and would like to thank Maître Zahedi once again for his efficiency and exemplary handling of our case.

Cécile LEDUC

Very warm welcome. A very straightforward professional. Very attentive and selfless. Very efficient. Many thanks.

Philippe J.

Magnificent firm 100% success on my procedures

Alex A.

The Goldwin firm,
met my expectations in more than just a professional way, we’re talking human here. Not paternalistic, the firm was able to answer questions, without fault, in an honest way, and this without prejudice, by principle of the laws, by principle simply. Thank you for everything.

Aby Turpin
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