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AREAS OF
PRACTICE
BANKING
AND FINANCIAL TRANSACTIONS
CORPORATE /
COMMERCIAL
REAL
ESTATE AND CONSTRUCTION
TAXATION
LITIGATION AND
DISPUTE RESOLUTION
LABOR AND EMPLOYMENT
ENVIROMENTAL
law
ENERGY
LAW
TELECOMMUNICATIONS LAW
NATURAL
RESOURCES AND MINING
ADMINISTRATIVE
LAW, PRIVATIZATION AND GOVERNMENT CONTRACTS
PRIVATE CLIENT AND FAMILY
FOREING
INVESTMENT, INDUSTRIAL FREE ZONES
AND TOURISM
AIR AND MARITIME LAW
INTELLECTUAL PROPERTY
 BANKING AND
FINANCIAL TRANSACTIONS
Troncoso y Cáceres assists a
wide range of clients in the banking and finance industries,
including lenders, borrowers and purchasers. We provide
advice to national and foreign commercial and investment
banks, commercial finance companies, insurance companies and
other institutional lenders in structuring, negotiating and
documenting all types of secured loan transactions
Our firm has a broad experience which includes secured and
unsecured lending, syndicated lending, equipment leasing,
project finance, acquisition financings, inventory and
accounts receivable financings, financings secured by real
estate, project and utility financings. We also have
extensive experience addressing the particular regulatory
issues affecting financial institutions, including foreign
financial institutions operating in the Dominican Republic,
and the provision by financial institutions of insurance and
similar products.
We assist lenders (including banks and insurance companies),
investors, owners and developers in the financing of real
estate projects of all types, including office buildings,
apartment projects, shopping centers and hotels.
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CORPORATE/COMMERCIAL
The corporate and commercial
practice has been a core area of the firm since its
establishment almost a century ago.
The corporate practice includes the following areas:
Dominican and offshore company formations and
secretarial services
Mergers and acquisitions, including legal audits
and due diligence
Corporate finance
consulting
Assets restructuring
Technology transfer and exploitation
Competition law
Directors' duties and obligations
Distribution, franchising and licensing
E-commerce
Employment contracts and compensation
International trade
Pensions
Re-organisation
Shareholder agreements
Tax
Trade Regulations
Securities
Clients include commercial banks, investments banking firms,
professional service organizations, private corporations,
non-profit organizations, multinational corporations and
individuals.
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REAL ESTATE AND
CONSTRUCTION
Troncoso y Caceres has extensive practice in Real State Law.
The subject of our practice in this field include (i) lien
searches upon real estate property before the execution of
any transaction regarding real estate property (ii) the
acquisition of real state property by local or foreign
individuals and/or corporations, (iii) the registration and
execution of mortgages and other liens upon real property
(iv) the filing of petitions and the obtaining of
subdivision and mark of boundaries over real estate property
that has not been subject to this process (v) the
determination of inheritance rights over real estate
property located in the country (vi) the filing of amendment
petitions as a consequence of mistakes appearing in Land
Deeds issued by the competent Registrar of Deeds (vii) the
filing of petitions and obtaining of duplicates of Land
Deeds in case of lost, among other filings and processes
provided by the Land Registry Law in effect in the Dominican
Republic.
Our Real Estate and
Construction Law practice also includes
Purchase, sale and development of industrial, office,
retail, hotel and
residential
property
Public works
Zoning and planning issues
Building conditions and construction contracts
Real property lease agreements
Financing, mortgage, loan administration and foreclosures
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TAXATION
Many of our
larger corporate clients regularly engage in complex
transactions in which tax issues are of paramount
importance. We have extensive experience with stock and
asset acquisitions and dispositions, reorganizations,
liquidations, distributions and affiliated group
transactions, as well as with issues relating to
cancellation of indebtedness income and to the availability
of loss carryovers and other business deductions and
credits. We are frequently called upon to advise on the
development of strategies for minimizing the incidence taxes
in connection with such transactions, as well as on the tax
consequences of ongoing operations. Much of our work in this
area consists of seeking solutions to novel problems or
implementing new strategies in response to changing economic
or legal considerations.
As
part of our staff we have a fiscal matters consultant with
broad experience and training in this field.
Our taxation practice also includes:
Compehensive tax advisory service
Creation of efficient structures for domestic and
international transactions
Strategic tax planning and innovative tax driven products
Representation of clients before the Dirección General de
Impuestos Internos
(Dominican tax
authorithy),
the Minister of Finance and Dominican
Courts
Custom matters
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LITIGATION AND
DISPUTE RESOLUTION
We assist
and we have assisted national and international clients from
a broad range of industries, including tourism, securities,
insurance, energy, construction, telecommunications,
manufacturing, banking, pharmaceuticals, computer, etc.
Troncoso y
Cáceres has long believed in working with clients to resolve
legal matters efficiently and economically. This has
included developing expertise in the area named "alternative
dispute resolution" or "ADR." The firm integrates ADR into
both its transactional and its litigation practices.
Our law
firm has extensive experience in litigating issues growing
out of the lender-borrower relationship. In recent years,
we have handled on behalf of lenders a significant number of
cases involving alleged breaches of loan commitments,
asserted both as defenses to actions brought by the lender
and as claims asserted against the lender.
Our firm
has also a substantial and continuing practice defending and
prosecuting all forms of business litigation in Courts of
First Instance, Court of Appeals and Supreme Court of
Justice. We have considerable experience in handling a wide
variety of complex business litigation matters, in
arbitrations, mediations, First Instance, Court of Appeals
and Supreme Court of Justice.
Our trial
lawyers have assisted leading business entities in resolving
business disputes.
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LABOR AND EMPLOYMENT
Troncoso y
Cáceres labor and employment practice encompasses the full
spectrum of issues faced by companies and public entities
throughout the world. The firm’s lawyers are experienced in
resolving all types of labor and employment matters for
private and public sector employers.
Our labor
and employment law practice focuses on both general policy
concerns and specific legal issues impacting employers.
Experienced lawyers well versed in the special rules
governing labor and employment litigation conduct counseling
and drafting of advice to avoid litigation in this area.
When disputes do arise, our lawyers are skilled at handling
all facets of labor and employment litigation. We work
closely with our clients to identify not only the legal
issues involved but to develop a winning strategy, whether
by trial, appeal, cassation, ADR or negotiation.
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ENVIROMENTAL LAW
Our environmental law practice
represents, defends and advises clients in matters regarding
environmental issues and the requirements of our local laws:
It undertakes:
Advisory for environmental permit obtainment and
developing
Administrative action
Environmental compliance counseling
Enjoyment of construction work, real estate development
and industrial
development
Public civil action regarding the enviroment
Analysis of environmental compensantory damages
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ENERGY
LAW Our firm
has assisted foreign international companies in the energy
sector participating in the privatization of electricity
services in The Dominican Republic. Our legal counsel covers
electricity law and regulations, and negotiation with state
utilities.
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TELECOMMUNICATIONS LAW
Our lawyers
provide advice on all issues relating to the start-up and
operation of telecommunication companies such as licensing,
site acquisition, competition, certificate, approvals,
filing, tariffs, pricing information and compliance with
local laws and rules.
Our
Telecommunications practice has significant experience in
matters relating to competitive entry and the developing
multi-carrier market including the negotiation and
regulatory approval of interconnection agreements and
inter-carrier arbitrations and disputes. We have also
represented telecommunications clients in other types of
litigation, administrative and arbitral procedures.
Troncoso y
Cáceres can assist emerging telecommunications companies in
obtaining necessary certificates and approvals, filing
tariffs and pricing information, and bringing operations
into compliance local laws and rules.
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NATURAL RESOURCES AND
MINING
We provide
legal advice to the Dominican and international mining and
natural resource industry since our firm inception almost a
century ago. Our broad and long lasting mining practice
covers all segments of the business, from negotiating
agreements relating to exploration projects, joint venture
arrangements, private share offerings and licensing
arrangements, to mine financings, metal-sales agreements and
other activities connected with the mining industry.
Our mining and natural resources practice includes:
Incorporation of mining companies
Development of complex and sophisticated mining projects
Due diligence of mining rights
Administrative proceedings to obtain mining rights
Maintenance of mining properties
Mechanisms of negotiation for the use and/or purchase of
superficial lands
Negotiation with rural communities
Negotiation and execution of several mining agreements,
such as mining
option agreements; mining lease agreements;
mining joint-venture
agreements
Transfer of mining rights agreements
Mining easement agreements
Special tax stability agreements; among others.
Advice to mining companies in the stages of prospecting,
exploration,
development and closing of mines.
Mining foreign investment matters
Mining environmental protection
Resolution of environmental controversies
Mining security and health
Mining taxation, among others.
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ADMINISTRATIVE LAW, PRIVATIZATION AND GOVERNMENT CONTRACTS
Troncoso y
Cáceres has vast experience in Administrative Law. It
renders legal advice on all kinds of administrative
procedures and in the prosecution of administrative
litigation.
Our
Administrative Law, Privatization and Government Contracts
practice also provides assistance to contractors and
subcontractors in government procurement services and the
preparation of briefs and legal opinions on concessions for
public works and privatization.
In these
fields we have advised numerous Dominican and foreign
companies, upon invitations to tender bids issued by the
Dominican Government.
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PRIVATE CLIENT AND
FAMILY
Troncoso y
Caceres gives legal advice to and acting for individuals in
their personal matters.
The private client and Family practice includes the
following areas:
Divorce, particularly the “express”
divorces for foreigners
Financial issues and applications
Residence and Visas
Injunctions and emergency procedures
Prenuptial agreements
Enforcement of orders, both foreign and
domestic
Separation agreements
Adoption
Mediation
Inheritance rights and claims
Wills
Estate and tax planning
Personal taxation
Enduring Powers of Attorney
Offshore trusts
Charity formation, administration and
taxation
Immigration and Naturalization
Drafting and revision of different types of
agreements.
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FOREING INVESTMENT, INDUSTRIAL FREE ZONES AND TOURISM
Our firm
represents foreigners (companies or individuals) in relation
with their investments in the Dominican Republic, including
choice of corporate form to do business in the Dominican
Republic, the obtainment of any permits, if necessary,
acquisition of property, registration of the foreign
investment before the relevant authorities in order to be
able to reimburse the foreign investment abroad and to
effect the transfer of any profits. The firm has assisted
international contractors in the engineering fields.
The Foreign investment, Industrial Free Zones and
Tourism practice includes the following areas:
Joint Ventures
Purchase, sale and
development of industrial, office, retail, hotel and
residential property.
Tax
Labor and Employment
matters
Industrial Free Zones,
including the request of license for the operation of Free
Zones,
negotiation of leases with private industrial parks
and government
agencies and creation of
industrial parks
Special free trade areas
Tourism, including,
hotel resorts and tourism projects and development,
handling of applications to benefit from current tax
incentives in this field,
hotel operating and managing
agreements, lease agreements, gaming
licenses (Casino), among others
Distribution (Law 173),
franchising and licensing
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AIR AND MARITIME LAW
Our firm
provides counsel to international aviation companies and
also assists in the study and drafting of aircraft
registrations, purchase, and sale and lease agreements. Its
experience in this field includes the obtainment of the
permits and authorizations necessary for the operation of
foreign airlines in the Dominican Republic as well as
permanent assistance to the same once established in the
Dominican Republic.
The Air
Law practice includes the following:
Sale,
mortgage and Lease Contracts
Insurance
Liability of carriers
Registration of aircrafts
Litigation and dispute resolution regarding maritime,
air
and land
transportation.
Maritime
Law practice includes advice on ship sales and financing
transactions, including security documentation, issuance of
legal opinions, maritime claims covered by insurance as well
as local and offshore registration of vessels and ship
mortgages.
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INTELLECTUAL PROPERTY
The firm comprises the largest and oldest Intellectual
Property department in the country, since 1917, and it
presently keeps a successful leadership in that area, having
formed strong relationships with many other major
Intellectual Property agencies throughout the world.
-
Trademarks
RELEVANT
TRADEMARK
PROVISIONS
INTELLECTUAL PROPERTY LAW 20-00
POWER OF ATTORNEY
PDF Archive
-
Patents
RELEVANT
PATENT
PROVISIONS
INTELLECTUAL PROPERTY LAW 20-00
POWER OF ATTORNEY
PDF Archive
- Copyrights
-
Domain Names
RELEVANT DOMAIN NAME PROVISIONS
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