PRACTICE AREAS

CORPORATE LAW: MERGERS AND ACQUISITIONS

  • We provide services related to the incorporation, amendment, dissolution and liquidation of all types of commercial companies, as well as corporate restructurings and reorganizations.
  • We provide our counsel in negotiating and executing partnership and participation agreements and Joint Ventures, as well as shareholder agreements.
  • We assist our clients in the negotiation and structuring of corporate mergers and business acquisitions; as well as organizing and monitoring the relevant closing and post-closing schedules and managing all post-closing activities involved thereof. In this type of work we have participated and have experience in transactions involving specific legal issues that concern industries with special regulations such as energy, mining, food, petrochemical products, oil gas and lubricants, as well as in banking, insurance and telecommunications.

COMMERCIAL LAW: AGENCY, LICENSING, AND FRANCHISING CONTRACTS

TRONCOSO Y CÁCERES advises domestic and foreign clients in negotiating and executing all types of commercial contracts, taking into consideration all the issues affecting the business in order to ensure coverage of all the risks associated therewith, and to better achieve the client’s objectives and provide comprehensive and effective legal advise. In this sense, our specialists in corporate and commercial law work in coordination with our experts in tax and labor law to anticipate all possible outcomes or regulate any matter that may affect the operation in question.

We have lawyers with expertise in supply and distribution contracts to be executed in the Dominican Republic, as well as agency agreements, licensing, franchising and similar arrangements, all in compliance with the laws of the Dominican Republic.

INTELLECTUAL PROPERTY




TRONCOSO Y CÁCERES has the largest and oldest Intellectual Property department in the country, and currently maintains a successful leadership in this area, having developed strong ties with many IP agencies around the world. Our group includes IP lawyers who are members of professional IP associations, including the International Trademark Association (INTA), Interamerican Association of Industrial Property (ASIPI), the Fédération Internationale des Conseils in Propriété Intellectuelle (FICPI​​), and the Dominican Association for Protection of Industrial Property (ADOPI).

  • Our services include the preparation and registration of all kinds of registration applications for intellectual property rights such as trademarks, patents, utility models, industrial designs, appellations of origin, trade names, copyrights, trade secrets and other related rights. We also assist in monitoring the progress of such applications for registration and represent our clients if the need should arise to defend such rights from any formal opposition filed by third parties, to achieve the appropriate registration.
  • We assist our clients, local or foreign, in monitoring these IP rights and their protection in the country, as well as to intervene in cases of renewal, amendment or transfer thereof.
  • Our practice in this area also includes advice on issues of smuggling, violation of rights and counterfeiting.
  • The firm has experience in the successful management of IP litigation cases in Dominican courts. We work closely with clients to design strategies to manage claims, counterclaims and incidents and filing any argument or resource aimed at the effective protection of such rights.
  • The Dominican Republic is a member of the Paris Convention, the Patent Cooperation Treaty, the Berne Convention and other international agreements. Our attorneys have thorough knowledge of international agreements concerning the protection of intellectual property in the country and abroad. We serve our customers in their interpretation and application in the Dominican Republic.

BANKING AND FINANCIAL: PROJECT FINANCING




  • We represent our clients in financing transactions for the purchase of all types and sizes of real estate properties, including office buildings, apartment projects, shopping centers and construction projects of hotels and tourism facilities, biomass processing plants, and others.
  • We also have extensive experience in the regulatory issues that affect these institutions, including foreign financial institutions operating in the Dominican Republic, and their provision of services and products to costumers.
  • We offer consulting services related to obtaining financing from private investors through the stock market of the Dominican Republic, in all matters relating to the preparation of a company to issue securities; during the registration and authorization process; and with respect to the actual issuance and sale of such securities.
  • Our attorneys have extensive experience in project financing of infrastructure projects and the expansion or creation of new industries or operations, with due emphasis on the structuring of the corresponding security packages and in the correct and rapid attainment of the appropriate permits and monitoring and controlling the progress of these projects.

INSURANCE

The legal practice of TRONCOSO Y CÁCERES in the insurance sector consists in handling claims covered by foreign reinsurers, defending the interests of insurance companies located in Dominican territory, and the provision of legal assistance in the establishment and/or registration of insurance and re-insurance companies locally. We also handle work concerning regulatory issues affecting businesses in this sector and advise our clients in their compliance of both specific and general laws and regulations, that affect insurers and insurance brokers in the country.

REAL ESTATE LAW, CONSTRUCTION AND INVESTMENT TRUST.

Our practice involves the provision of legal services in due diligence processes to ascertain the legal status of real estate properties located in Dominican territory as well as providing counsel as to how clean title over such properties is achieved. We also handle transactions to transfer and assign real estate properties and to obtain title insurance and escrow services for documents related thereto. We also take care of formalizing mortgages and other privileges over these types of assets, and handle issues related to urbanization and real estate development as well as creating condominium regimes.

We also offer advice and assistance with regard to the most appropriate corporate structure for real estate investment, including structuring and preparation of trust agreements, development of construction contracts and agreements with subcontractors, organization and regulation of labor and tax issues relevant to construction projects and obtaining the necessary permits, including environmental permits or licenses.

ADMINISTRATIVE LAW AND GOVERNMENT RELATIONS



TRONCOSO Y CÁCERES provee asistencia a entidades que desean contratar con el Estado Dominicano o cualquiera de sus instituciones descentralizadas. Nuestros servicios incluyen opiniones legales sobre la regulación aplicable a las relaciones comerciales con el Estado y sus dependencias; asistencia en la preparación de los documentos y propuestas necesarias para participaciones en licitaciones y contratación de concesiones de obras de infraestructura y servicios públicos, así como concesiones de operación y explotación en las áreas de energía eléctrica y renovable, minería y telecomunicaciones; la elaboración y ejecución de todo tipo de contratos con el gobierno, consultas sobre los mismos así como la obtención de licencias y permisos en asuntos ambientales; y representación legal en procedimientos de defensa, en casos de expropiación estatal así como en la persecución de litigios administrativos, y en recursos jerárquicos en materia de impuestos y asuntos arancelarios.

LABOR LAW

TRONCOSO Y CÁCERES has extensive labor practice and we have plenty of experience in handling and resolving all types of employment matters for employers in both private and public sectors.

  • We advise our clients on hiring employees, terminating labor contracts, drafting internal labor regulations and policies, as well as in compliance with legal requirements regarding labor and social security.
  • We provide advice on the implementation of strategies designed to prevent the generation of employment litigation.
  • In case of disputes or litigation, our lawyers have the ability to manage all phases of the processes involved. We work closely with our clients to identify not only the legal issues involved, but to develop a winning strategy, either through negotiation or before any judicial agency or court, or through conciliation, mediation or arbitration.

TAX LAW




Many of our corporate clients typically engage in complex transactions, which involve significant fiscal and financial components. In this sense, TRONCOSO Y CÁCERES provides comprehensive fiscal advice to help generate and implement strategies in managing tax issues that may appear in these transactions, as well as to determine the fiscal cost of ongoing operations in order to minimize the fiscal impact of economic or legal changes to the business.

We provide advice in assessing contingencies in ongoing businesses or for specific transactions, in cases of liquidation and payment of tax liabilities and the use of corporate deductions and credits. Our tax practice also includes the submission of recourses before the tax authorities and fiscal tribunals, as well as recommendations and opinions on these issues. We assist in all matters regarding the assessment and payment of taxes, and obtaining tax exemptions in permitted areas. Similarly, the firm provides services in handling foreign trade tariff issues.

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