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GENERAL,
CORPORATE
AND CONTRACTUAL PRACTICE |
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Oriented to cover the corporate needs of our
clients.
We have great expertise in matters such as restructuring
corporations, mergers, strategic alliances, planning and implementing
of foreign investments, and structuring of proyects have been
the services offered since the beginning of the firm; as well
our thorough knowledge of the country, which is very useful in
any area of interest. Divided in teams of specialized lawyers,
this area offers, among others the following services:
o Corporate and Societary
o Representation and Protection
o Mergers, Acquisitions and Strategic Alliances
o Reorganization and Taxation
o Labor and Social Security Advice
o Intellectual Property
o Organization and Advisement on Banking
and Insurance Companies
o Finantial Partnerships
o Banking and Financial Business
o Off-shore Services
o Sanitary Registration (Health Permits)
o Due Diligence Services
o Strategic Contractual and Corporate Consultation
o Stock Market brokers
o Mutual Funds and Trusts
o Opening of branches
o Operation authorizations for foreign financial and insurance
companies
We provide the necessary advice for the normal
compliance with the regulations of the control entities such as
Banks Superintendence, the Board of the Central Bank of Ecuador,
The Banking Board, The National Stock Market Council, and the
Companies Superintendence.
We also provide specialized assistance for foreign
investors; in addition, we evaluate and support the processes
of negotiation and arrangement of international credits, both
private as well as with international credit institutions such
as Corporación Andina de Fomento (CAF), Banco Latinoamericano
de Exportaciones, (BLADEX), Corporación Interamericana
de Inversiones (Cll), Interamerican Developement Bank (IDB), Corporación
Financiera Nacional (CFN), World Bank, etc.
We have large experience in fiduciary bussines. We have also been
involved in the most important property trusts in the country,
taking change on the complete spectrum of this business. Our team
is capable of carrying out the follow-up of the trust during its
performance, management and control.
Our specialized services in Intellectual Property offer complete
evaluation in matters of industrial, property, custody, and sponsorship
by means of a technical team locally and internationally. We offer,
in matters of industrial property, related service with:
o Trade marks
o Commercial names and slogans
o Patents
o Industrial designs
o Internet domain names
o Copyrights
o Geographical designations, and
o Rights to vegetable variaties
We are members of the main Ecuadorian, Latin
American and Worldwide organizations dedicated to the protection
of intellectual property, such as:
o AEPI (Ecuadorian Association of Intellectual
Property)
o ASIPI (Inter American Association of Intellectual Property)
o INTA (International Trademark Association)
o AEFRAN (Ecuadorian Franchise Association)
o IFA (International Franchise Association)
Part of this service consists in the research
of background for registration of signs as well as Andean and
worldwide surveillance of trademark registration and its defense,
advice and litigation in actions and trials in matters concerning
intellectual property.
We also provide consultation in all aspects of municipal litigation
and, especially, of current city regulations. This consultation
includes:
o Taxes, fees, and municipal contributions
o Commercial permits
o Outdoor advertising
o Sanitary regulations, and environmental audits
o Public shows
o Quarry explotation
o Regulations concerning public roads and urban health services
o Claims and litigation in municipal matters
o Regulations concerning gas and service stations
In Samborondón, Salinas, Manta, Machala,
Daule, Quito, Cuenca and other important cities; including construction
permits, land tenancy, final inspection and inspection fees.
At Moeller, Gómez-Lince & Cía. we also take
on the responsibility for the advice and support in obtaining
health permits for all types of products, which are subject to
this obligation as a requirement prior to its marketing and commercialization
in Ecuador. We offer:
o Sanitary registration
o Export certificates
o Phyto-sanitary certificates
o Imports and authorizations
o Operating permits
We also offer services of taxation, consultancy
and support, such as:
o Preventive taxation advice
o Taxation audits / Complete Due Diligence
o Corporate tax planning
o Taxation litigation and claim
o Handling of accounting books, declarations and other legal requirements
o Criminal proceedings regarding tax and customs law
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CIVIL, COMMERCIAL,
AND LITIGATION PRACTICE |
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With capacity to handle litigation in Guayaquil,
Quito, Machala, Manta, Cuenca and other cities in the country.
Due to the international nature of many of its
clients, Moeller, Gómez-Lince & Cía. has a wide
network of correspondents in New York, Miami, London, Panama,
New Orleans, Hamburg and other international centers of dispute
resolutions. This department handles, among others, the following
specialized litigations:
o Commercial and civil
o Maritime, insurance and aviation
o Administrative
o Customs and taxation
o Intellectual property
o Labor law
o Arbitration
o Public contracting
In the commercial and civil areas, we handle
all kinds of national and international disputes.
This practice requires a thorough specialization;
therefore, Moeller, Gómez-Lince & Cía. has numerous
contacts at an international level. We represent most of the P&I
Clubs in the world, and also most of the participants in the maritime
industry, such as owners, charterers, salvage companies as well
as international traders.
At the local level, we have an important presence
in the handling of collisions and major casualties, as well as
in the handling of cargo claims and ship's arrests.
Internationally, we represent local companies
in several arbitration processes and disputes in cities like London,
Geneva and Panama.
Our experience is oriented especially to the
defense of owners and P&I Clubs which has granted us strong
links with the London market and its institutions in the resolution
of disputes, like the High Court and Arbitration Chambers.
In aviation, our firm has dealt in litigation
and arbitration proceedings. We have participated in diverse forums
such as the Geneva International Chamber of Commerce and in London.
We have wide experience in administrative matters,
customs law, tax law, and intellectual property litigation.
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SHIPPING
LAW
AND INSURANCE PRACTICE |
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Looks after clients and specialized cases in shipping and insurance
activities, including elements of international trade and transport
in general.
Cargo claims
We have been hired by almost all of the P&I
Clubs in the world to protect their member owners from claims
and actions that are filed by cargo owners and insurance companies
against the vessel and its ship owner for losses or shortage of
cargo. We also defend the interests of the port operators that
are exposed to claims from the local consignees and insurers for
damages or losses to the cargo port premises.
Shipping casualties
Specialized in representing in behalf of ship
owners, their insurers and prestige lawyers from abroad, cases
relating to shipping casualties such as collisions, general averages,
serious breakdowns, pollution and marine salvages, etc.
Arbitration and litigation abroad
We have links with the majority of the most prestigious
law offices in the shipping and arbitration centers such as London,
New York and Panama. We have taken part in several arbitration
proceedings in such jurisdictions representing local companies
and recommending the instruction of foreign lawyers depending
on the type of suit and the nature of the client.
Insurance claims
We have a great deal of experience handling insurance
claims against insurers for unpaid losses. Even though we are
not limited to making claims in matters of transport insurance,
we have been involved in all types of coverage such as catastrophic,
all risk, fire, vehicles, etc.
We have specialized in filing administrative claims against the
Banks Superintendence or before the ordinary courts against local
and foreign insurers.
Charterparties
We handle cases for banana exporters, urea importers,
coastal carriage of hydrocarbons and others.
International trade and transport
Moeller, Gómez-Lince & Cía.
has expert lawyers in this field, in addition to fluency in English.
We help our clients to protect their interests when they trade
goods and commodities abroad, whether in CIF or FOB terms.
Port facilities
Due to our specialization we are close to the
port activity in all of its stages, therefore we are capable of
advising local and international port operators.
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ADMINISTRATIVE
LAW PRACTICE |
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Offer our clients a range of services related
to the public sector, both ecuadorian
as well as andean.
Moeller, Gómez-Lince & Cía.
has vast experience in managing and evaluating negotiations with
the Public Sector, as well as those related with the legislation
for integration and international trade, with international contacts
to offer the best professional services.
This practice handles the following matters:
o Integration and international trade
o Intellectual property
o Public contracts
o Negotiation and solving of international trade conflicts
o Litigation in integration law
o Contentious administrative litigation
o Promotion legislation (Mining, Industrial, Fishing, Oil)
o Electric sector legislation
o Municipal law
o Environmental law
Integration and international trade
We specialize in advising our clients in the
appropiate use of the integration instruments (Andean Pact, LAFTA,
WTO), handling claims from national and international entities
in benefit of our clients involved in the procces.
Concessions and privatizations
We count with ample experience in the processes
for which the state transfers its entrepenourial activities to
the private sector, specially in matters of public services, domiciliaries,
etc; as well as the energy and telecommunications sector.
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Made up of a multi disciplinary work team that
allows us to serve our clients in sensitive legal issues with
efficiency, agility, professionalism and above all, with great
care and personalized attention.
We are specialists in the legal assessment and
handling of claims for criminal offences with particular knowledge
in the following areas:
o Financial crimes
o Intellectual property crimes
o Banking crimes
o Crimes against public administration
o Corporate crimes and frauds
o Customs crimes
o Taxation crimes
o Transit offences
o Industrial crimes
o International frauds
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