Practice – KWR

Construction and Real Estate

Agreements for general contractor
Agreements with architects, engineers and sub-contractors
Agreements for project management and financing
Advice on reclamation claims (including mediation)
Legal due diligence and assistance in real estate transactions
Advice on issues relating to rental and condominium relations
Town-planning changes
Assistance in administrative procedures for obtaining permits and licenses
Documentary control over the construction process
Preliminary investigation prior to start of the construction process
All aspects of change in the status and the purpose of real estates
Expropriation and Compensation Consultations
Litigation including all stages of appeal

Corporate Law, M&A

The focus of our activity falls primarily on company law by consulting our clients in all its areas, including:

Establishment and registration of personal and capital companies
Drawing up company documents
Preparation of internal company documents, by-laws and management contracts
Preparation and representation of general meetings
Preparation of the complete documentation and implementation of company changes of all kinds, as well as in international aspect, including change of company form, transformation and reorganization of companies, increase and decrease of capital, capitalization of monetary payments, contribution in kind of real estates, movable property and receivables, etc
Provision of necessary permits, licenses and tax registrations
Transfer of commercial establishment
Associated and strategic associations; Consortium and other joint ventures
Settlement of disputes between shareholders/partners, as well as between shareholders / partners and management bodies (including court representation)
Alliances and strategic partnerships, consortia and other contractual joint venture arrangements
Establishment of different kinds of special companies (REITs etc.)
Advice on financing of transactions and company transformations
Corporate due diligence
Participation in negotiations and preparation of all types of commercial contracts related to the business activity of the dealer

Banking and Finance

The office renders consultations mainly on the following areas of banking and finance:

Structuring of offers for acquisition of commercial establishments, advising investors/buyers, dealers/sellers and target establishments
Cross border leasing transactions
Consultation on financial aspects of transactions, preparation of financial documentation, incl. credit agreements, contractual collateral documents, etc.
Advice on investment funds (initial public offering, registration)
Registration of companies for the provision of financial and payment services, incl. electronic money companies, payment institutions

Intellectual property and Protection of personal data

Our lawyers are official industrial property representatives registered both in the Special Register of the Bulgarian Patent Office regarding Trademarks, Geographical Indications and Industrial Designs and in the Register of EUIPO. We consult in all areas of intellectual protection and personal data, with particular emphasis on:

Copyright protection
Registration and protection of trademarks, geographical indications, patentable inventions and utility models
Legal due diligence of copyright and patents
Registration as a personal data administrator, as well as completion of current changes to the administrator’s account
Preparation of complete internal documentation on personal data protection measures, incl. internal instructions, contracts with data processors, etc.

Tax law and Tax litigation

The tax law issues have a leading role in all corporate configuration. Some of our lawyers have extensive experience in the tax and financial public administration. Our extensive experience and knowledge in the field of tax law and the tax litigation allows us to:

Support restructuring of corporate acquisitions and sales in order to optimize tax saving
Successfully represent our clients before the tax authorities and in administrative and tax litigation before all Administrative Courts
Render advice on avoiding double taxation
Consultations of private clients regarding the optimization of their tax burden, elaboration of investment schemes, including in the context of foreign jurisdictions

Labor law and Immigration law

The firm represents and advises companies and employees on all labor law issues. Our service generally covers the following labor law aspects:

Drawing up individual and collective labor contracts
Representation in labor law disputes
Consultations on the imposition of disciplinary measures and the termination of employment relations
Advice on the registration and operation of establishments, providing temporary-employment agency work, including relations with the regulatory bodies and the operative activity in national and international aspect
Consultation on the legal framework for employees’ recruiting activities, including registration and supplying with permits, consulting on the current activities in national and international aspect
Consultations on collective labor law issues and collective negotiation
Consultations on pension and insurance-law issues
Consultations on labor law issues related to M&A, transactions and restructuring of establishments as well as labor law related due diligence
Consultations of foreign establishments regarding the transfer of employees in the country as well as local establishments regarding the provision of services through own staff abroad, including regulation of the insurance rights and obligations (A1, etc.)
Assistance and comprehensive consultation on obtaining permits for work and stay in the country
Complete assistance for acquisition of residence permits in the country, including permission for permanent residence and acquisition of Bulgarian citizenship on the basis of investments made in the country

Ecological and Administrative Law

The office consults in the field of:

Administrative aspects of construction
Ecological and energy law; Legal assistance in the EIA
Regulatory law
Licenses for commercial activity
Appeal against the administrative acts of the state and municipal administration
Representation in administrative and tax litigation before all Administrative Courts

Procurement Law and Tendering Procedures

Consultation on tender procedures (compilation of tendering documents, submission of offers, etc.)
Concessions
Public procurement and public co-operation
Administrative and judicial representation in the appeal against acts of the regulatory authority

Protection of Competition

We represent our clients in all protection of competition proceedings and procedures, including representation before the Commission for Protection of Competition and the Supreme Administrative Court, such as:

Control of concentrations and prohibited agreements
Abuse of monopoly position and unfair competition, including unfair solicitation of clients, misleading and comparative advertising, damaging good name of the competitors, misleading, imitation
Franchising and licensing contracts
Consumer protection

Litigation and Arbitration

Representation in all areas of civil and commercial litigation before Bulgarian courts incl. bankruptcy proceedings, employment disputes, tax and administrative disputes, insurance cases
Enforcement of court and arbitration judgments, including judgments enacted by foreign courts and enforceable in the country
Representation before local and international arbitration tribunals
Voluntary settlement of disputes, mediation
Additional activities related to litigation, such as providing evidence, securing claims, preliminary injunctions and others
Full representation in execution proceedings

"The nature of our business not once stand us against insurmountable cases at first look, requiring a precise and profound knowledge of international regulations and practice and local legislation. The ability to rely on a team of highly qualified consultants in different fields in the face of KWR Belokonski Gospodinov provides us with solutions to the problems and a comprehensive insight into our future business decisions.”

4 en

"Our trust in KWR Belokonski Gospodinov was won in a critical situation for our company when the lawyers from the team showed an adequate attitude and balanced approach. So we have laid the foundations for our long-standing cooperation and we have been repeatedly convinced in the right choice of our consultants."

2 en

"We have been working with KWR Belokonski Gospodinov since the founding of our company in Bulgaria. The difficulties experienced by a foreign investor when entering the Bulgarian market were overcome owing to their efforts. With the help of their team of attorneys, we have succeeded in establishing ourselves and building a successful business, confiding in their different views, uncompromisingness and commitment to the needs we have."

1 en

"For a company to grow successfully, it must be guided in a flawless way. In this respect, we are extremely pleased that we have been able to draw in KWR Belokonski Gospodinov for our consultants, both on current legal issues and in the execution of key transactions. Impeccable attitude, professional hygiene and fast reaction give us the confidence that our interests are protected."

5 en

“As a result of the interaction between the high professionalism of the lawyers from KWR Belokonski Gospodinov and their individual approach, our company gets competent solutions for a successful business."

3 en