CORPORATE LAW
Our services include the following, among others:
Legal advisory on Colombian corporate laws and mechanisms to incorporate foreign capital companies and branches of foreign companies in Colombia;
Drafting and negotiation of business contracts to be executed by new companies, such as distribution, agency, license, labor, services and manufacture agreements;
Incorporation, transformation, amendment, operation, merger, spin-off and liquidation of domestic companies;
Comprehensive “Due Diligence” services and legal assessment of enterprises;
Representation of shareholders and partners at assemblies and boards of partners;
Procurement of permits from the authorities responsible for the supervision and inspection of business companies in Colombia;
Prevention and solution of disputes amongst partners.
Creditors' proceedings before the Superintendency of Companies and legal counseling to debtors and/or creditors, particularly from the bank and finance sectors relating the restructure of liabilities payable by companies facing financial difficulties;
ADMINISTRATIVE AND PUBLIC LAW
In this area of practice, the Firm renders integral services to its clients when engaging into relations with State entities. Following is a list of core and meaningful aspects:
Drafting and filing of applications to procure licenses, permits, concessions and authorizations;
Counseling on the drafting and filing of tenders and negotiation and preparation of resulting contracts, under the framework of a comprehensive advisory throughout the whole process of State contracting;
As to Public Law, the Firm relies on significant expertise to conduct proceedings and file appeals before Administrative Courts, including unconstitutionality and nullity actions before the Constitutional Court and the Council of State, as well as institution of class and enforcement actions;
The Firm's attorneys are strongly trained and experienced on representation of State entities and private contractors before Administrative Courts and Arbitral Tribunals where the State's contractual liability may be contested.
As to protection of constitutional rights, the Firm provides permanent counseling to both individuals and corporate persons, in connection to Tutela actions.
INSURANCE LAW
In providing its legal counseling and representation services on insurance matters, the Firm serves the following legal needs:
In providing its legal counseling and representation services on insurance matters, the Firm serves the following legal needs:
Assistance to various companies pertaining to the sector, concerning legal and technical examination of claims filed, both judicially and extra-judicially;
Counseling to conclude formalities as required for the compensation of casualties, taking into consideration the private character of the insured party or of the policy beneficiary;
Drafting of grounded and reasoned objections and recoveries against the parties accountable for casualties;
Representation of private parties in prosecuting judicial or extra-judicial claims before insurance companies.
CIVIL AND COMMERCIAL CONTRACTS
The Firm provides the following services, among others:
Conception, development and settlement of all kinds of civil and commercial contracts;
Counseling regarding every sort of acts for property disposition, including promise agreements, purchase agreements, pledges, mortgages, leases and joint partnership agreements;
Drafting, negotiation and performance of consortia agreements, shareholders' agreements and technical assistance agreements;
Conception, negotiation and performance of fiduciary transactions;
Counseling and representation of clients in judicial and extra-judicial matters, as necessary to enforce their rights under contractual undertakings;
PORT AND TRANSPORT CONCESSIONS
Enactment of Law 1 of 1991 led to a new approach in the country's port activities. Following its enactment, our attorneys were duly trained to provide integral services to the sector clients, including, among others, the following:
Application for port concessions from Instituto Nacional de Concesiones (INCO), as well as the amendment, renewal and extension thereof;
Representation of companies from the port sector before the Superintendency of Ports and Transport, the Ministry of Transport, INVIAS and INCO.
Negotiation of payment agreements and rates payable on port inspection
Procurement and processing of environmental licenses and permits required by Regional Autonomous Organizations and the Ministry of Environment, in connection to port activities.
Challenge of administrative acts issued by port authorities.
Contractual litigation before arbitral or administrative jurisdictions, arisen between private parties and State entities, on occasion of the performance, development or settlement of port concessions.
TAXATION LAW
The Firm attorneys are specialized on tax matters and, therefore, are capable of providing its clients with a global approach to handle national, provincial and municipal tax burdens.
Activities customarily served by the Firm in this field, are the following:
Counseling on corporate tax planning and design of its taxation structure;
Representation of Colombian and foreign taxpayers in taxation disputes before the Colombian authorities;
Claims and challenges filed before administrative authorities.
Filing of taxation appeals and claims before Administrative Courts.
CIVIL AND COMMERCIAL LITIGATION
The Firm relies on comprehensive expertise on civil and commercial litigation, in particular, appeals before Superior District Tribunals and revision recourses before the Supreme Court of Justice. Likewise, the Firm's expertise in arbitration proceedings is outstanding.
In the field of civil and commercial litigation Gamboa, & Acevedo Abogados offers its clients representation in the areas listed below, among others:
Domestic and international arbitration;
Contractual and extra-contractual civil liability;
Proceedings arising from insurance agreements;
Proceedings arising from fiduciary transactions;
Proceedings seeking restitution of properties;
Creditors' and restructuring proceedings;
Liquidations;
Receivables recovery;
Proceedings before family jurisdiction courts;
LABOUR LAW AND SOCIAL SECURITY
In pursuing comprehensive services for its corporate clients, the Firm has enlarged its legal counseling, through a strategic partnership entered with the firm specialized on labour law headed by Francisco Salive Vives, Esq. This partnership is centered on the provision of counseling to both private and public entities as to management of human resources issues, both in terms of individual relations and collective bargaining. Likewise, it provides counseling to enterprises, to achieve the best possible handling of relations with the Colombian authorities responsible for social security matters.
Labour risks are measured by means of audits and due diligence; continued counseling is provided to resolve day-to-day issues proper of human resources, as well as relating application of labour regulations in case of professional accidents, illnesses and elderly pensions. Likewise, advice is provided in all stages of collective bargaining, while representing clients in judicial or arbitral proceedings of labour and economic nature.
