| Some of
the services that we offer are:
1.
Administrative Law
The
firm handles all kind of administrative transactions like the
obtainment of commercial and industrial licenses, sanitary
registries (for food, liquors and cosmetics), casino operation
permits, among many others in all Ministries and public offices.
It also advice and prepares all the documentations require
in order to obtain government concessions and to present public
bids as well as operation permits for the establishment of
companies at the Colon Free Zone and at any of the Export Processing
Zones currently operating in Panama.
2.
Admiralty & Maritime Law
Over 12,000 vessels of all
types and sizes pass through the Panama Canal each year, as
this water passage has become an almost compulsory crossroad
for many of the vessels engaged in international trade and
commerce today. Because of the latter Panama has turn into
an ideal and convenient forum for many plaintiffs to secure
their claims and enforce the maritime liens using any of the
special Admiralty Courts, thus, taking advantage of Panama
as a convenient ship arrest jurisdiction. Our qualify attorneys
are capable of representing the interest of shipowners, charterers,
cargo owners, mortgagees, P/I clubs and other claimants in
matters relating with collisions, salvage, cargo claims, arrest
of vessels, and other related cases.
The
open registry of Panama, established in 1925, has enjoyed the
confidence of shipowners and financial institutions alike all
over the world since its creation. Proof of this is that more
vessels are registered under the flag of the Republic of Panama
than in any other registry.
Since its inception TAPIA,
LINARES & ALFARO has been one of the most active
law firms in providing advice to shipowners in the obtainment
of all legal documents require by vessels under our flag like
navigational patents, radio license, minimum safe manning certificates
and other relevant documents. Furthermore, with the coming
into effect of the new International Ship & Port Facility
Security Code on July 1, 2004 we have been providing expert
advise to shipowners on how to comply with this new maritime
regulation especially in the obtainment of the International
Ship Security Certificate and the Continuous Synopsis Record.
We also provide legal advise
to shipowners and financial institutions in the drafting, reviewing
and registration procedure of Panamanian ship mortgages.
3.
Anti Trust & Competition
The creation of the Consumers
Protection and Free Trade Commission, by means of Law No. 29
of February 1, 1996, came to regulate and protect free economic
trade and competition by banning monopolistic economic practices
like unfair trade and forbidden mergers and concentrations
in the economic market. TAPIA, LINARES & ALFARO
has been actively advising consumers and suppliers of goods
and services of all kind, either commercial, electrical, industrial,
media, either local or foreign in the compliance of this Law
and the rights and obligations that results from it.
4.
Arbitration
With
the creation of the Center for Conciliation and Arbitration
(CC&A) in 1994, sponsored by the Panamanian Chamber of
Commerce, Industries & Agriculture and the legal framework
to support it, the number of cases using this alternate method
for dispute resolutions has increase yearly. This procedure
is quick, usually does not take more than six month, and confidential.
Just in the year 2003 the value of the disputes at the CC&A
were 159 millions dollars. Attorneys from TAPIA, LINARES
& ALFARO have successfully participated in several
arbitration procedures and some are recognize members of the
Arbitrators List of the CC&A.
5.
Banking & Insurance Law
Our team of qualify lawyers
are well prepare to provide legal advice to any banking institution
that wants to open operations in the well known Panamanian
banking system which has close to a hundred banks from almost
all of the important financial centers in the world. For many
years we have been very active in the provision of legal advice
to many of the banks established in the country and the firm
is currently the legal advisor of the Baking Association of
Panama. Likewise, we provide with equally high skill and experience
legal advise to some of the insurance companies that operates
in the country.
6.
Contract law
The negotiation and drafting
of any kind of contracts, either with the Government or private
entities, are part of the daily routine of the firm. With the
expertise of our attorneys we are able to draft and negotiate
privatization contracts, sale and purchasing contracts, franchise
and distribution contracts, banking and insurance contracts
and any other contract require by our clients regardless of
the complexity of the transaction involve.
7.
Corporate Law
Panama has one of the most
complete and flexible Corporation Laws, one that has maintain
unchanged since its enactment in 1927. The firm has one of
the most experience corporate practices in the country advising
international and local clients in the drafting and preparation
of all related documents in order to establish a corporation
like the articles of incorporation and company’s by-laws,
preparation and revision of corporate and shareholders minutes
and other related matters like mergers & acquisitions,
bankruptcy proceedings and dissolutions.
8.
Energy Law
With
the privatization of the former Institute of Hydraulics &
Electrification Resources (IRHE), up to then the State owned
monopoly in charge of the generation, transmission and distribution
of the electricity in the country, came the enactment of an
extensive legislation in order to regulate this new private
industry, under the supervision of the Public Services Regulator
Body. TAPIA, LINARES & ALFARO has acted
as outside legal counsel for one of the thermal power generators.
One of the largest transactions that the firm acted in the
energy sector was a 40 million loan and revolving credit agreement
between a group of syndicated lenders and a thermal power generator.
9.
Environmental Law
A large environmental legislation
has been introduce in recent years in order to protect our
natural resources and, at the same time, promote sustainable
development. Special consideration should be taken to Law No.
41 of 1998 which is the country’s General Environmental
Law.
Our firm provides legal advice
to local and foreign corporations and investors in the scope
and compliance of this new peace of legislation and in the
representation of clients before environmental audits and environmental
claims.
10.
Immigration law
The firm provides legal
assistance in all matters related, among others, to tourist,
working, and investor visas to foreign nationals, as well as
the necessary work permits and related documents.
11.
Intellectual Property - Industrial Property & Copyrights
The IP department of TAPIA,
LINARES & ALFARO prepares all necessary documentation
for the registration and renewal of patents of invention, trademarks
and designs at the General Directorate of Industrial Property
of the Ministry of Commerce and Industry, and also represents
clients as plaintiffs and defendants in opposition claims.
The firm’s copyrights
attorneys has successfully negotiated licensing agreements,
on behalf of private clients, with the local collective management
society for the use of the musical repertoire represented by
it.
12.
International Trade
The entrance of the Republic
of Panama into the World Trade Organization has open up the
doors for the negotiation and conclusions of free trade agreements
with several countries and economics blocks. The firm has advised
privates clients during the negotiations periods of this FTA’s
and the implications on their businesses of this international
commercial legislation.
13. Litigation - Admiralty, Banking,
Insurance, Civil, Commercial, Labour
The firm's litigation department
has grown in recent years becoming an important part of the
firm’s practice handling all types of admiralty, banking,
civil, commercial, environmental and insurance cases, as well
as labour disputes, for our local and international clients.
14.
Mergers & Acquisitions
Since the 1990’ TAPIA,
LINARES & ALFARO has participated as legal counsel
in several of the largest and most important M&A deals
in the country. Most recently the firm acted on behalf of a
multinational corporation in the acquisition of the largest
local soft beverage bottling company in a deal worth more that
88 million American dollars. Similarly the firm acted on behalf
of another multinational conglomerate in the acquisition of
the largest cement plant producer in a deal worth more that
130 million American dollars.
15.
Real Estate & Property
TAPIA, LINARES &
ALFARO has been advising banks, commercial and individual
clients in the preparation of sale & purchase, lease and
rent contracts of real estate, mortgage contracts, establishments
of horizontal property regimes, land planning and title searches
at the Public Registry Office.
16.
Securities Regulations
Our team of lawyers is well
trained and prepare to represent any client before the National
Securities Commission (NSC) and to provide advice and to prepare
all the require documentation for bond and commercial paper
issuing, public share offerings, asset securitization and related
matters. When one of the first public share offering of a non
financial institution was successfully filed at the NSC, TAPIA,
LINARES & ALFARO was the legal council behind
this construction, hotel, restaurant and real estate business
conglomerate.
17.
Offshore Corporations
Taking advantage of Panama’s
flexible corporation law and its fiscal regime base on the
principle of territoriality, over 15,000 offshore companies
are register in the country annually. This corporations are
use as holdings or shipping companies, to open banks accounts,
to own real estate property among many other commercial activities.
TALIAL has develop an infrastructure with
well trained personnel to provide a fast and confidential registration
and management services to all our international clients.
Although Panama is our jurisdiction
of preference, we are also able to provide registration and
management services of international business companies (IBC)
from the British Virgin Islands (BVI), among others.
18.
Telecommunications law
As a consequence of the privatization
process of the National Telecommunication Institute (INTEL),
the former state owned enterprise which controlled the telecommunication
services, Executive Decree No. 73 of April 9, 1997 was enacted
which came to regulate the telecommunication sector. Since
1997 this sector has maintained a yearly double digit growth
making it one of the premier and most dynamic sectors for new
investment in the country.
19. Trust & Foundations
The Republic of Panama has
one of the most complete and sophisticated financial centers
in the world, having one of the most flexible and user friendly
non common law trust legislation. Our attorneys are qualified
to draft any kind of trust agreements tailored made to the
convenience of each specific client.
In addition, and using
as guideline the Liechtenstein foundation legislation, the
Panama Foundation Law was enacted in 1995, creating an excellent
vehicle for the protection, distribution and administration
of private and family assets. According to each individual
client’s needs, we are able to draft the foundation’s
charter and by-laws and, as per the client request, the provision
of nominee founders, protectors and members of the foundation
council.
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