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Global Presence |
Moscow
We are delighted to be able to announce that CMS Bureau Francis
Lefebvre, CMS Cameron McKenna and CMS Hasche Sigle have concluded a
formal agreement of the merger of their current operations in Russia
into a single law office. The merger will take effect on 1 January
2009. We will be known as CMS.
more details
Keys Contact :
. John Hammond - Président du Comité de direction
. Jean-François Marquaire - Directeur général
. David Cranfield - Directeur général
CMS Bureau Francis Lefebvre has been active
in the Russian market for 15 years. Our team of 60, including nearly 40
experienced lawyers, has been building its unique expertise on a wide range of
projects relating to the establishment and development of activities in Russia
for the benefit of our clients. For the past 2 decades, the Russian market has
been subject to profound changes. This market is extremely specific in terms of
economic culture, which makes it a difficult market to penetrate. This is why
our in-depth knowledge on its intricacies as well as our excellent contacts
within the Russian federal and local administration are key to the practical
implementation of projects.
Our team works in close collaboration with
the English-based law firm CMS Cameron McKenna, who advises both Russian and
international clients, and, since 2004, the German-based law firm CMS Hasche
Sigle. Together, the three firms, under a single roof but acting independently,
constitute one of the most important legal teams in Moscow. With more than 120
professionals, renowned for their expertise in energy, telecommunications,
financial services and real estate, we are able to tackle the most complex
matters.
We have been advising mainly on Russian-based projects, but have
also been involved in projects in the former USSR Republics. As the Russian
economy integrates in the global economy, we are increasing our services
tailored to our Russian clients' needs.
Our Practice Areas
Foreign Direct Investment
We provide comprehensive legal advice and
assistance in establishing a presence in Russia, including:
- advising on the most effective investment strategy and investment form
- establishing structures (representative offices, branches, subsidiaries...)
- drafting and negotiating the required documents for the establishment of
contractual and equity joint ventures
- antimonopoly assistance (FAS)
Corporate Restructuring and
Mergers and Acquisitions
We assist clients in restructuring their
Russian operations and integrating their Russian involvement into their global
strategy. Our experience includes:
- documentation and contract drafting
- support in negotiations
- acquisitions, divestments and joint ventures
- shareholder's agreements
- legal and tax due diligence
- capital increase
- liquidation
- antimonopoly assistance (FAS)
Commercial Law, Distribution
Law
Our expertise includes support on various commercial issues, in
particular:
- optimising distribution and retail strategies
- drafting and reviewing import and export contracts, agency contracts,
distribution contracts and standard terms and conditions
Tax
Our services in this area include:
- tax efficient planning of investments and transactions
- general taxation of private and state-owned organisations
- national and international High Wealth Individuals taxation
- property tax (for Russians and expatriates)
- VAT
- local taxes
- social taxes
- transfer pricing
- assistance during tax inspections
- assistance in handling litigation before the Russian courts
Banking, Finance and Insurance
We advise credit
organisations as well as insurance companies on the legal and tax aspects of
their activities in Russia. Moreover, we advise our clients on the financing
aspects of foreign-owned companies as well as on foreign exchange issues:
- setting up foreign-owned credit organisations and insurance companies
(broker) in Russia
- legal and tax issues of credit activities (banking, factoring, leasing) and
insurance
- drafting and revising loan agreements
- creation, registration and enforcement of guarantees and security interests
such as share pledges or mortgages
- issues relating to Russian foreign exchange regulations
- setting up of loans for businesses and individuals
Employment
Law
We can comprehensively advise on all legal issues arising in
connection with employment in Russia, including:
- secondment contracts for expatriate employees
- employment contracts governed by Russian law
- social security issues
- legal issues arising from redundancy layoffs, restructuring and transfer of
employees
- assistance in resolving employment disputes
- drafting documents required under internal regulations
Intellectual Property and Information Technologies
We
provide our clients with effective strategies for the licensing of their
technology and the protection of their intellectual property rights in Russia.
Our track record includes:
- assisting in the registration and protection of trademarks, patents,
copyrights, domain names, know-how, trade secrets and company names in Russia
- advising on trademarks, patents and know-how licence agreements
- advising on anti-counterfeit strategies
- enforcing intellectual property rights
- drafting and negotiating technology transfer contracts
Real
Estate and Construction
We can duly protect the interest of companies
and individuals acquiring real estate in Russia and Europe by:
- advising on, drafting, negotiating and registering agreements for the
purchase of immovable assets
- conducting legal and tax audit of possible land and building acquisition
structures
- advising on, drafting and negotiating leases
- advising on, drafting and negotiating construction contracts
- advising on and assisting in obtaining the necessary approvals and permits
Infrastructure Public Private Partnerships (PPP)
We can
assist clients, in particular, in relation to:
- consortium formation
- joint bidding arrangements
- concession and investment contracts
Customs Law, International
Trade Law
We can advise on all aspects of import-export activities:
- choice of economic regime for imports and exports
- negotiations with Russian customs authorities
- tax assistance for import activities
- circulation of products subject to excise duties
- calculating customs liability (origin of goods, customs value, tariff
classification)
- drafting the required permissions and documents for customs clearance
- drafting the required documents for the import of personal goods
- customs clearance of assets contributed to the capital of Russian
subsidiaries
- handling customs controls
Regulatory
We provide our
clients with reliable and up-to-date information concerning industry and
commerce regulations, which are in constant change:
- regulations affecting the food and drink sector
- regulations affecting the energy industry (deregulation of electricity and
gas, development of renewable energy sources)
- regulations in the field of telecommunications, the Internet and e-commerce,
data protection law
- regulations applicable to the media (television, radio, printed press)
- antimonopoly regulations
Immigration Law
Our services
in this area include:
- choosing the best work and residency contract regime suitable for employees
expatriated in Russia
- obtaining work permits
- regularising residence permits
Licensing and Certification
We assist companies and individuals as follows:
- advice on the regime of activities subject to licensing
- drafting and negotiating with the relevant authorities the required
documentation for obtaining licences (e.g. for the consumption, sales,
production and alcohol import, construction licences)
- certification regime for goods and services
Dispute
Resolution
We represent clients in arbitration proceedings before
Russian and foreign arbitration commissions as well as before Russian courts.
Ours Clients
Major international companies across a range of industry sectors instruct our
Moscow office. Our clients are active in the following fields: aeronautics,
alcohol, automotive, banking, construction, consumer goods, cosmetics, energy
(oil, electricity, nuclear), food, large-scale distribution, logistics and
transport, media, pharmaceutical and telecommunications.
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