SCPA Coste and Ioanid’s experience in the field of corporate law has been gained in relevant projects, providing our clients with a professional approach..

We provide a wide range of legal assistance services:

• setting up companies (limited liability companies, joint stock companies with registered shares or bearer shares)
• setting up non-profit organizations (associations, foundations), their day-to-day
• running registration of changes occurring in the course of business with the Trade Register
• update of shareholders’ identification data, limitation/extension of director mandates
• setting up agencies/secondary offices, deregistration of business objects, temporary suspension of business operation
• termination, dissolution, winding-up, division and restructuring operations
• transfer of shares, shareholding structure, share capital issues
• legal advice and drafting of advisory reports on the specific contractual basis of each type of transaction

Thorough legal due diligence, quality legal advice and assistance throughout the project – both during the acquisition phase and during the permitting and subsequent development of the project – are sine qua non conditions for any successful real estate project.

Our firm’s experience includes extensive real estate transactions, diligent legal analysis of titles, development, investment, partnerships, sales and acquisitions, real estate investment trusts, real estate litigation, construction and entrepreneurial projects, complex real estate transactions and warranties.

We advise on property law issues

• legal advice in real estate transactions
• producing legal analysis reports for both buyer and seller based on legal documents and records evidencing title to land and buildings
• legal advice for the sale-purchase of real estate
• legal advice about partnership structures and other real estate investments
• legal assistance for funding and refunding real estate projects, including reviewing and drafting the necessary documentation and assisting during negotiations with financiers
• legal advice during the development of real estate projects, as well as legal assistance in relation to town planning rules
• building permits, licenses, technical and environmental approvals
• drafting a wide range of contracts and documents in connection with the development of real estate projects such as: contracts with contractors, lease agreements, management contracts
• assistance in real estate litigation
• legal audit services in the case of sale-purchase contracts of real estate (verification of the legal status of the real estate, verification of title deeds, validity of title deeds, verification of the existence of any claims or disputes concerning the real estate, verification of the legal requirements that need to be met to build on the purchased land – planning certificate, Zoning Plan, etc.).

We assist clients in negotiating and concluding contracts, drafting documents, analyzing contractual terms and risks. We want to achieve a customized business environment, adapted to the specificity of each business.

We provide advice to our clients on a wide range of business issues:

• negotiation, conclusion and compliant performance of the terms and conditions of various contracts concluded between natural and/or legal persons, Romanian or foreign
• ways of guaranteeing obligations undertaken through contracts, mortgages on movable and immovable property, personal guarantees, bank letters of guarantee, ESCROW accounts, other useful legal tools
• disputes arising from the performance or termination of contracts, enforcement proceedings
• termination for culpable non-performance of contracts
• disputes concerning unfair terms in various contracts, in particular pre-formulated contracts by service providers or suppliers of goods
• expeditious debt recovery litigation by providing step-by-step support in all aspects of recovery proceedings, from the initiation of negotiations to the actual recovery of the claim or repossession

The quality of our services derives from market knowledge and know-how

We offer our clients comprehensive advice at every stage, in all forms of dispute resolution: before the courts but also alternative dispute resolution through arbitration, mediation, conciliation, participating in the adjudication stage, foreclosure, enforcement proceedings.

We prefer amicable settlement, as litigation is the last resort to resolve the dispute

We assist our clients in insolvency proceedings, representing them in their dealings with receivers and liquidators, as well as in general meetings and on management committees.

Our expertise in insolvency proceedings consists of understanding all aspects of the commercial framework governed by the insolvency law. Thus, if your company is facing an unfavorable debt situation or if interest rates and penalties exceed the value of your assets, do not hesitate to contact us.

Insolvency proceedings aim to recover debts that are certain, of a fixed, liquid and enforceable nature from a company that is unable to pay its debts. The procedures laid down by the provisions of insolvency law protect creditors from the random and unfair nature of individual enforcement.

We provide legal advice, assistance and representation for:

• the drafting of the request of initiation of insolvency proceedings at the request of the debtor or at the request of the creditor, both with regard to the procedure governed by Act 85/2006 and that governed by Act 85/2014
• the drafting of the request for admission on the creditors’ list for the enforcement of rights where insolvency proceedings have been initiated against a debtor
• the drafting of the request for the reinstatement of the proceedings if the liquidator or receiver of a debtor who has become insolvent has not notified you of the initiation of the proceedings
• the drafting of the request for the liability of the receiver both where creditors seek the liability of the receiver or of the management bodies, and where the receiver or the management bodies of the insolvent company should defend themselves against such a claim.

FAMILY LAW

Our rich expertise in family law has been gained over the years by handling specific cases such as disputes concerning the dissolution of marriage and the settlement of ancillary claims (exercise of parental authority, establishment of visiting hours of minors or payment of child support), the division of shares between former spouses or crimes against the family (in particular family abandonment).

We provide integrated services of specialized legal advice and representation in court for all types of family law cases

• divorces
• division of joint property during or after the marriage, division of marital property
• paternity suits, contesting paternity, denying paternity
• proceedings for the custody of minors
• establishing the residence of minors
• proceedings for the eviction of abusive spouses
• provisional sharing of the use of the joint dwelling
• proceedings for restitution of own property

REAL RIGHTS

SCPA ‘Coste and Ioanid’ law firm comes to your aid with professional consultancy services, assistance and representation in civil litigation:

• drafting movable/immovable property claims, claims of division of private property rights, claims for delimitation of property boundaries, accession
• drafting claims relating to joint ownership, joint property division, periodic ownership
• trust
• land book claims (entry, registration, rectification)
• possession claims – usucapio of immovable property

LAW ON SUCCESSION

Our firm has extensive experience in inheritance law. We provide professional services and legal advice on successions, wills, will drafting, as well as assistance and representation in court..

We support our clients by providing professional advice, assistance and representation in litigation concerning:

• partition proceedings
• proceedings for declaration of heirship
• reduction of excessive gifts
• cancellation of certificates of inheritance
• initiation of succession proceedings
• calculation of inheritance shares
• donation reports
• mediation procedures, if applicable

In the field of criminal law, SCPA ‘Coste & Ioanid’ law firm’s professional and meticulous approach consists of a slightly different strategy in order to respond with maximum efficiency to our clients’ requests in relation to various specific issues in criminal law cases.

Our expertise has been built on cases in which the most vigorous procedural actions, such as pre-trial detention, are contested, up to very complex matters that are too easily qualified as criminal offences by the judicial authorities.

We provide legal assistance and representation for both aggrieved parties and suspects or defendants. The range of professional services in the field of criminal law is comprehensive, covering both the prosecution stage, in which we provide legal assistance and representation before the prosecution bodies (including the National Anticorruption Directorate and the Directorate for the Investigation of Organized Crime and Terrorism), and the trial stage, in which we represent/assist clients before all courts in Romania.

We provide legal support for drafting, filing and defending of documents related to referral to prosecution authorities

• complaints lodged by aggrieved parties
• complaints lodged against measures and actions ordered by the prosecution authorities
• bringing a civil action in criminal proceedings
• bringing the civilly liable party into the criminal proceedings
• taking action for the restitution of property
• contesting protective measures
• suspension of prosecution or trial
• appeals for annulment, revisions
• revocation of security measures
• revocarea măsurilor de siguranţă
• rehabilitation
• merging of punishments, provisional release, deferment or interrupted serving of a prison sentence, removal or modification of criminal penalties imposed
• challenges to enforcement of sentences

Our firm’s approach of medical malpractice cases consists of analyzing all the aspects
of each case, combining legal and general medicine aspects. Together with medical
specialists, firm collaborators, we represent patients, doctors, hospitals or clinics.

When a patient accuses a doctor of malpractice, the services provided by our firm
include:

• referrals to the Monitoring and Professional Competence Committee for malpractice
  cases of the Public Health Directorate
• referrals to the Management of the Health Care Facility invoking liability under the
  Labor Code
• referrals to the Medical Council for disciplinary action
• initiating civil proceedings for tort under the Civil Code
• initiating criminal proceedings by means of a criminal complaint for criminal liability
  under the Criminal Code

SPECIAL CIVIL PROCEEDINGS

On the judicial side, we handle the drafting and initiation of various proceedings before the courts: payment orders, small claims, common law proceedings, requests for the institution of protective measures (seizure, attachment) and judicial seizure. We assist and represent our clients before the courts and arbitration tribunals to assure that these proceedings are conducted as quickly as possible and to thwart the various tactics used by debtors to delay or freeze debt recovery proceedings.

PETTY OFFENCE CLAIMS

In the field of petty offences, SCPA ‘Coste & Ioanid’ law firm represents clients in litigation cases against public institutions issuing petty offence notices, be it the Urban Planning Service of the Local Government Authorities, the Public Building Inspectorate, the National Authority for Consumer Protection, the Environmental Protection Authorities, or the County Police Inspectorate – Road Traffic Police Department.

When drafting petty offence claims, we will take into account the grounds for annulment of the findings reports

• absence of objections from the offender
• absence of the signature of the official or the offender
• no mention of the name or position of the official responsible for the findings
• the day, month, year or time the report was drawn up is missing or incorrectly dated
• setting the fine in the respective amount, but omitting the penalty imposed for each of the offences detected
• any lack of information on the reasons for which a report was drawn up or which does not contain the data required by law, etc.
• FORECLOSURE

We represent the parties in the enforcement proceedings in order to ensure that the proceedings are conducted swiftly and in compliance with the law.

We also represent the parties in court in proceedings ancillary to or incidental to foreclosure: appeal against enforcement, opposition to enforcement, suspension of enforcement, validation of attachment, proceedings for filing with special assignment.