or even worse, suffering a situation !
and immediate operational solutions.
All in. Avocats provide the entrepreneurs and company leaders at all stages of their development with tailored, practical and efficient assistance consisting of legal advice, negotiation as well as litigation support activity.
- formation of the company: choice of the structure (Ltd companies such as “SARL/SAS”, or property investment companies such as “SCI”, sole proprietorship such as “entreprise individuelle”….), wealth optimization, establishment of articles of association, company registration, shareholders agreement, powers of attorney, formation of joint-venture or strategic partnerships…
- follow-up of the strategy and corporate secretarial services: approval and filing of the accounts, shareholders meetings, advise to the executive management team etc…..
- structuring of the development: capital increase, mergers, partial contributions of assets, investments of financial investors or new partners, formation of subsidiaries, structuring of intra-group relations, winding-up, etc.
- acquisition of business activities: acquisition audits, businesses transfers, sale of shares, equity transactions, asset and liability guarantees, etc.
- management of disputes and financial difficulties: disputes between partners, dismissal of the director, civil liability action, etc…
All in. Avocats provides assistance to all kind of structures (in the industrial, commercial, liberal, artisanal, or property investment sectors) and for all sizes of businesses (sole proprietorships, start-ups, SMEs, large groups, Interest Economic Grouping (“GIE”), societies, etc.).
In order to exercise their activities, entrepreneurs and company directors have to enter into many agreements with their clients and business partners. The rights and obligations arising from these agreements, which have primarily to be understood, need not only to be well anticipated and defended, but also need to be optimized. In this respect, All in. Avocats can provide you assistance with legal advises and litigation proceedings:
- for the conclusion of agreements: review, drafting and negotiation of agreements, General Terms and Conditions (GTCs) of sale, purchase (GTP) and use (GTU), drafting of quotes, audit of agreements in force, establishment of agreements for the structuring of the business
- once agreements have been entered into: formal notice to give injunction to perform a service, termination of a contract, dispute about brutal breach of commercial relationships (“rupture brutale des relations”), litigation proceedings in order to seek compensation for a loss or enforcement of a liability or guarantee, collection of unpaid amounts, etc.
In order to exercise their activities, entrepreneurs and company directors have to enter into many agreements with business partners. The rights and obligations, which have primarily to be understood, arising from this strategy both for structuring, and contractual and economic development need not only to be well anticipated and defended, but also need to be optimized. In this respect, All in. Avocats can provide you assistance with legal advises and litigation proceedings:
- for the conclusion of agreements: review, drafting and negotiation of distribution agreements (retail, e-business, platform, purchases of goods for resale, intermediation, mandate, commissioner, franchise, exclusive or authorized distribution, business agent, license, purchasing hub), audit of contracts in force, establishment of contracts structuring the development, etc…)
- once agreements have been entered into: formal notice to give injunction to perform a service, termination of a contract, contestation of a brutal breach of commercial relationships (“rupture brutale des relations”), litigation proceedings in order to seek compensation for a loss or the enforcement of a liability or guarantee, outside sales network, breach of non-competition clauses, unfair competition, collection of outstanding payments etc.
The entrepreneurs and company directors when they face difficulties are often confused with the complexity of the proceedings and the important challenges of a restructuring which often jeopardize the survival of the company. All in. Avocats provides you assistance on a day-to-day basis, both with legal advises and litigation proceedings, in the context of pre-insolvency court-assisted proceedings (ad hoc mandate and conciliation) and court-controlled insolvency proceedings (pure safeguard proceedings – “sauvegarde”-, receivership – “administration judiciaire”- and judicial liquidation –“liquidation judiciaire”-) of these difficulties, and in particular :
- Diagnosis of the difficulties and definition of the strategy to implement;
- Assistance with preparation and opening of the insolvency proceeding determined;
- Assistance to negotiations with the various parties involved (banks, lessors, suppliers, social and fiscal creditors, shareholders, employees, etc.);
- Assistance concerning the communication with the ad hoc agent (“mandataire ad hoc”), the conciliator, the judicial administrator or the judicial representative (“mandataire judiciaire”);
- Drafting and negotiation of the framework financial agreements (“protocoles d’accords”) and all legal documentation deriving from the financial or equity restructuring of the company (rescheduling of loans or supplier debt, waiver or transfer of receivables, equity transactions, etc.);
- Assistance in the preparation, drafting or modification of the restructuring plan either for safeguarding (“plan de sauvegarde”) or continuation of the company (“plan de continuation”);
- Assisting buyers for taking over the company under insolvency proceeding in the preparation, drafting and presentation of their takeover offers in the context of a pre-pack disposal, a disposal plan (“plan de cession”) or a freely negotiated disposal (“cession de gré-à-gré”);
- Assistance to investors investing in the equity of companies concerned by an insolvency situation (“entreprises en difficulté”);
- Assistance to directors, creditors, shareholders or co-contractors with respect to all disputes involving companies concerned by an insolvency situation (“entreprises en difficulté”) (declaration or contestation of debts – declaration ou contestation de créances-), property claims (“revendication”), injuctive notice, amicable settlement agreements, etc.);
- Support to directors and shareholders in any civil liability action against them.
Real Estate property is often necessary for exercising your activity. All in. Avocats is providing you assistance both with legal advises and litigation proceedings in the event of sale, rental or management of your premises, and in particular:
- transactions in relation with the management, the acquisition and the disposal of real estate properties and rights (offices, shops, business premises, logistics premises, industrial buildings….);
- negotiation, drafting and management of leases (commercial, entrepreneurial and residential);
- For rental of the premises: drafting and negotiation of the lease agreement and guarantees, legal opinions on the type of lease to be entered into according to the situation (commercial lease, civil professional lease, precarious lease – “bail précaire”-), on the business activities that may be exercised, on the charges that may be incurred, on the refurbishment works that can be performed, etc…
- for the duration of the rental of the premises: increase of the rent, execution of refurbishment works, renewal of the lease, credit collection of the outstanding payments, sub-rental transactions, change of activity (“despécialisation de l’activité”)…
at the end of the lease: notification of a termination prior notice, application of the termination clause (“clause résolutoire”), transfer of the right to rent (“cession du droit au bail”), compensation in case of unjustified early termination of the lease (“indemnité d’éviction”), status of the lease in case of termination of business transfer, or transfer of the right to rent (“cession du droit au bail”)….
All in. Avocats ensures the necessary measures and actions are carried out to prevent or settle a dispute that would hinder the business development of the company’s or the projects of its managers.
In parallel with standard Court proceedings, All in. Avocats, subject to your prior approval, promotes amicable settlement of disputes, in particular thanks to the collaborative process, which provides entrepreneurs and company directors with an innovative alternative dispute resolution within a formal contractual framework that allows for a “win-win” settlement, limiting uncertainty and cost of the dispute in order to ensure seamlessly and on a long-term basis recovery of the business development.
Under the leadership of its founding partner, trained in the AFPDC collaborative process in 2015, All in. Avocats contributes to the development in France of the US alternative dispute resolution mode, in the interest of entrepreneurs and company leaders.
If the alternative resolution is meant to concern all kind of disputes, All in. Avocats, subject to your prior approval, promotes amicable settlement when the context, the nature of the case and the intention of the parties make it relevant. It never excludes the judicial approach when the conditions or the intention of the parties have a preference for it, knowing that All in. Avocats manages it in parallel.