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PRESTIGE LAW CENTER
Our corporate legal services are diverse and based on the most successful practices, according to the needs of our clients and Azerbaijani legislation.
Our services are based on real-life experiences, taking into account all the legal and tax regulations of the corporate and company law matter required of us. Our services cover all aspects of corporate and legal entity legislation, starting with incorporation of legal entities, restructuring (reorganization), mergers and acquisitions, bankruptcy and liquidation of legal entities.
Experienced corporate lawyers and tax consultants should be able to advise on business registration, legal status of legal entity (branch, subsidiary, representative office) and organizational legal form (limited liability company, joint stock company, partnership). This is what we do as an Azerbaijan legal and tax consulting company.
Mergers and acquisitions of companies, purchase and sale of shares in commercial entities, corporate policies and regulations of companies, corporate restructuring and consolidation, joint ventures and joint ventures involving domestic partners, regulation of non-profit transactions, insolvency and bankruptcy, liquidation and exit from the market. is one of the requested services. We are happy to answer any questions you may have regarding these and many other corporate law matters, so please feel free to contact us.
Below we present preliminary information on company registration in Azerbaijan, which is one of the most frequently asked questions in the field of corporate law.
In recent years, the development of legislation in the field of creating legal entities in Azerbaijan has made the entrepreneurial environment attractive for starting a business. According to the 2018 World Bank Doing Business report, Azerbaijan was ranked among the top 20 countries in the world in the category of starting a business. However, making random decisions without professional advice in business creation and implementation can lead to potential problems in the future. For this reason, the selection of a more favorable organizational-legal form for the beginning and a better form of property management has become one of the most important issues, which requires the selection of the best possible legal way of reducing costs.
Caspian Legal Center, one of the legal firms invited by the World Bank for the preparation of "Doing Business Azerbaijan" reports, has a unique experience in the field of opening companies in Azerbaijan, establishing a business, as well as choosing the most suitable organizational and legal form for the client (LLC, joint-stock company, branch or representative office). has We look at the priorities of each client individually, carefully considering business plans, profit expectations, the organizational structure of the company, and provide advice for choosing a company form that is tax-optimized, practical and at the same time suitable for the client's business needs.
We ensure that the incorporation documents, company structure, internal corporate policies / regulations are in place, meet the requirements of the legislation and are in the best interests of the business owner and the business.
CLC advises and provides necessary services on all services from creation to liquidation of companies of different sizes, including professional support in the preparation of the company's constituent documents, standard contract terms, compliance policy, including the establishment of representative offices and branches in Azerbaijan. The CLC team has practical experience in liquidation, insolvency and bankruptcy of legal entities in Azerbaijan, taking into account the interests of both companies and their creditors.
Clients request us to provide services for the creation of legal entities in a short period of time, providing full legal support in the direction of providing legal address (virtual address) service, opening corporate bank accounts (online banking tools), providing advice on choosing the form of a legal entity to be established in Azerbaijan. According to the legislation of Azerbaijan, only a passport is required for a foreigner to create a legal entity in Azerbaijan. CLC prepares for the founder all the necessary documents for establishing a legal entity and opening a bank account in Azerbaijan.
- Application form – The application form is submitted by the Ministry of Taxes (registration body of legal entities). This document must be notarized and submitted by a person with relevant powers.
- Founding documents – Charter of a legal entity, Founding decision on the creation of a legal entity and the appointment of a legal representative
- Information about the founders (shareholders) - Identity documents, passports. When the founders are foreign legal entities, the parent company's constituent documents, charter, extract from the register are required.
- If the legal representative is not also the founder (director) of the company, his notarized consent
- Document on the payment of the charter capital and the state fee for registration - the state fee for the creation of a new LLC is 11 manats and must be paid before the company is registered. The state fee for registration of representative offices and branches is 220 manats. However, the authorized capital of the newly established company can be paid within 3 months, if provided for in the charter.
All these documents must be submitted to the State Registration Office of Legal Entities of the Ministry of Taxes.
1. Obtaining an ASAN Signature (Mobile Signature) for the legal representative (Director) of a legal entity;
2. Obtaining the corporate seal of the company;
3. Obtaining a bank account by sending a copy of the relevant certificate for the Company through electronic clerical means;
4. Sending an appropriate notification on the labor contract registration portal for the registration of the employment contract of the legal representative (Director) of the company.
- Registration of companies in Azerbaijan, establishment of other legal entities, opening of bank accounts for individuals and legal entities;
- preparation of the company's charter (constitutional documents) and internal rules;
- establishment and registration of representative offices and branches;
- development, implementation and revision of ethical and compliance rules;
- drawing up labor contracts for employees and directors;
- Tax and legal expertise (due diligence) of the company in Azerbaijan;
- reorganization of a legal entity in the form of mergers, mergers, divisions and separations;
- Analysis of liquidation of legal entities, insolvency and bankruptcy processes in Azerbaijan and advice in this field, representation of legal entities and their shareholders in these processes;
- providing general legal advice in cases of bankruptcy and liquidation to protect the rights and legal interests of creditors or debtors of legal entities;
- property management during bankruptcy;
- transactions on shares, agreements between shareholders, investment agreements, preparation of agreements on joint venture activities in Azerbaijan or abroad, and tax and legal advice on these cases;
- restructuring and recovery due to bankruptcy;
- liquidation and unliquidation.
"Labor law advice, conclusion of labor contracts, drafting of human resources documentation and internal regulations, dismissal and dispute resolution.The greater protection of workers ' rights by the labour legislation of Azerbaijan makes it necessary to pay special attention to labour contracts and agreements of the parties. Especially in some cases, the boundaries of Labor and civil law are so confused that a professional approach is needed to find solutions. Specifically, in some cases, the boundaries of Labor and civil law are not precisely known to such an extent that a more professional approach is needed, taking into account the requirements of the employee and/ or employer.
Labor and employment laws in Azerbaijan define the minimum standards as requirements for employers and strictly regulate the working regime and conditions. The employer and the employee can agree on more favorable conditions for the employee through the employment contract; however, any agreement regarding the limitation of the minimum standards established by this Code shall not be valid.
Work regime of the employee, annual leave, minimum wage, maximum working hours, terms of termination of the employment contract and compensation (benefits) are among the various issues regulated by the Labor Code of Azerbaijan.
According to the Labor Code of the Republic of Azerbaijan and the Constitution of Azerbaijan, daily normal working hours cannot exceed eight hours. A standard work week consists of 5 working days. Depending on the characteristics of the industry, service area and working conditions, the employer can define a six-day working week with one working day off in the limit of weekly working hours.
The minimum annual leave is 21 days in total. For specialist positions, the Labor Code stipulates 30 days of annual leave, taking into account the employee's experience, the right to additional leave.
The employer must create safe working conditions for employees and provide mandatory insurance in workplaces.
The Labor Code strictly regulates the grounds for termination of the contract by the employee and the employer. Therefore, all termination procedures and requirements must be followed to avoid any claims or damages.
CLC's legal team provides clients with appropriate preventive and advisory services in the field of labor and employment. Our areas of activity include:
preparation and analysis of legal documents such as labor contracts, collective agreements, internal policies (Ethical Rules, etc.);
- Employee contracts on non-employment and non-competition;
- Agreements on non-disclosure of confidential information;
- HR management advice;
- Salary calculation and recruitment services;
- consultations on employment of foreigners and employment contracts of foreigners;
- representation of parties during labor disputes;
- services in the field of human resources;
- organization of defense during legal procedures and monitoring of cases in all courts;
- convenient solutions for hiring employees with the most cost-effective means possible;
- compliance with legislative requirements as a result of employment;
- creation of a payment schedule system;
- Preparation of HR policy and procedures;
- attestation of employees, dismissal of employees (termination of employment contract);
- consultations on other labor and employee-related issues.
In addition, we provide legal support for job seekers and employers to obtain a work (labor) permit or exemption from a work permit, as well as to apply for residency with a work permit or exemption from a work permit.
"We offer professional tax advice and tax dispute resolution, accounting services and human resources services in a single window...Recent tax law reforms in Azerbaijan are characterized by the promotion of cashless settlements and transparency. Businesses today are looking for better tax planning and organization to adapt to the current changes. In particular, many entrepreneurs are not sufficiently aware of possible tax benefits and exemptions. We ensure that the client operates in accordance with the tax and customs legislation, as well as benefits from the benefits provided for in the tax and customs legislation.
The Tax Code of Azerbaijan, as a codified law, covers issues related to taxation and tax administration. The Tax Code has precedence over taxation issues provided for in other legislative acts on tax issues.
According to the Tax Code, the following state taxes are defined:
1. Profit tax: 20% is set as a general rule, 5% is calculated as there are discounts for micro businesses. Payments to non-residents are taxed at the source at the rate of 10%.
2. Income tax: 14%-25%
3. Value Added Tax: 18%, some works and services are subject to this tax at 0% rate;
4. Excise tax is applied to some goods produced or imported in Azerbaijan. The rate of this tax is variable, as an excise tax is applied in the amount of 2 manat per liter of alcoholic beverages, and in the amount of 20 manat per 1000 cigarettes.
5. Property tax of legal entities: It is applied in the amount of 1% of the property value annually;
6. Land tax: Different tax rates are applied depending on the location and purpose of the land. For example, the industrial lands located in Baku are paid 10 manats for each square meter of the area up to 10,000 square meters, and each square meter of the area above that is 10 manats. 20 manat is applied per m. Land tax is paid annually.
7. Road tax: Cars entering or leaving Azerbaijan are subject to this tax, as well as produced gasoline, diesel, liquid gas.
8. Mining tax: It is applied at different rates in relation to mining activities, for example 26% on oil and 20% on gas.
9. Simplified tax: This tax is applied at the rate of 2% to non-VAT-registered small businesses with an annual turnover of less than 200,000 manats, to companies with an annual turnover of more than 200,000 manats engaged in public catering activities, as well as to those operating in the construction and transport sectors. applied to companies at the rate of 8% from the administration.
- Tax benefits for entrepreneurial activity, especially for small businesses, are not defined;
- Some tax rates have been lowered;
- Taxes applied to the income of employees in the non-oil sector have been canceled or reduced;
- Certain disclosures and clarifications have been made for tax procedures and tax audits.- Certain disclosures and clarifications have been made for tax procedures and tax audits.
With the full text of the amendments to the Tax Code effective from January 1, 2019 - you can meet. To familiarize yourself with the tax legislation regulation (main summary of changes to the Tax Code) that came into force on January 1, 2020, read our article buradan you can read.
As a company, we ensure that entrepreneurs operate in accordance with tax and customs regulations and benefit from tax and customs benefits. Import and export operations in Azerbaijan are strictly regulated by the Customs Code, and entrepreneurs need not only legal advice in the field of tax and customs, but also practical advice.
Tax lawyers and experts of CLC provide international taxation (double taxation, transfer pricing) and tax services in Azerbaijan. With the support of accountants and tax consultants, our team provides full tax and accounting services to local entrepreneurs involved in international business relations, as well as to businesses operating in different countries operating in Baku.
Our clients are mostly local divisions of international corporations, foreign companies and local legal entities that fully outsource accounting services to us in Baku. In some cases, accounting is done by our client with internal resources, and tax returns are submitted with approval and verification by our specialists. Another format is the establishment of accounting and tax accounting, as well as the verification of individual points and the provision of specific advice. In general, our services include:
- Provision of full accounting services through special programs and in accordance with financial reporting requirements;
- Wage calculation, recruitment, payment of wages, registration of employees;
- human resource services, such as employment contracts, employee registration, termination of employment contracts, documentation related to cards (sick leave, additional vacations, travel expenses, and other related documents);
- issuing tax, DSMF, statistical reports and keeping records on operations;
- representation of clients before banks, appointment of liaison person between bank and client, resolution of misunderstandings related to banks;
- other accounting and tax accounting, payroll calculation services.
- Full compliance with the legislation;
- Non-compliance with accounting and international accounting standards;
- Optimal organization of accounting services in terms of the interests of the company;
- Benefiting from tax advice in setting up accounting (cost optimization)
- Establishing a transparent accounting and financial system within the company.
Our team, which has leading practical experience in the field of Tax Legislation Improvement at the Ministry of Taxes, has extensive experience in taxation matters. We have extensive international tax practice, including double taxation and transfer pricing rules. With our staff appointed by the International Bar Association as a Tax Reporter in the tax field from Azerbaijan, we constantly provide our clients with tax updates and propose changes to the legislation, taking into account the most advanced international practices.
- tax advice and planning;
- planning, restructuring and optimization of taxes (elimination of excess tax expenses);
- Tax advice on Double taxation issues, including prevention of economic and jurisdictional double taxation, refund of taxes paid on issues arising from double taxation agreements;
- Consultations regarding taxes withheld at the source of payment in Azerbaijan;
- VAT advice for residents and non-residents;
- Providing transfer pricing advice to international companies in Azerbaijan, as well as local companies with business establishments in other countries;
- Obtaining tax and other concessions through negotiations with state and local authorities;
- Providing legal opinions on tax issues and tax obligations and regulations that will arise on business transactions;
- Implementation of the company's tax compliance audit and advice;
- Provision of tax-legal solutions on abstract business transactions and tax issues involving multilateral and multi-country operations.
Azerbaijan's judicial system includes a three-tier judicial system with several specialized courts. As a court of first instance, district city courts handle civil and criminal cases - cases of all seriousness, as a company offering legal services. Currently, 86 courts (city-district courts) operate in Azerbaijan.
Appellate courts hear cases on appeals from the decisions of the first instance courts. There are 5 appellate courts with territorial zoning jurisdiction in Azerbaijan.
The Supreme Court is a cassation instance court, it hears cassation appeals from the decisions of appeal courts. The Constitutional Court of Azerbaijan hears cases of violation of constitutional rights and interprets laws.
As a member of the Council of Europe, in case of disputes regarding the violation of the European Convention on Human Rights, the European Court of Human Rights can be appealed within 6 months from the decision of the Supreme Court.
In addition to these, administrative courts and newly created commercial courts operate in Azerbaijan. Administrative courts hear cases related to administrative transactions related to state bodies. Commercial courts have jurisdiction over commercial and tax disputes.
Finally, the military court system operates as a separate half-system within the general court system in Azerbaijan.
Our team of lawyers and attorneys has extensive experience in resolving cases in the interests of clients. For this reason, the best lawyer services for us is an approach that understands the client's interest and evaluates the matter from his point of view.
- Representing the client in disputes with local and foreign business partners;
- Implementation of negotiations and correspondence regarding unpaid debts;
- Preparation of a plan for payment of unpaid debts;
- a success-based approach to debt collection on a case-by-case basis;
- preparation of procedural documents such as the preparation of the plaintiff's claim and the defendant's objections and opinions;
- participation in court hearings in all instance courts;
- defense of the claim and oral arguments before the trial;
- recognition and execution of foreign court and arbitration decisions;
- Legal advice on the preparation of complaints to the European Court of Human Rights and the protection of violated rights;
- legal support during the execution of local court decisions.
- settlement of disputes through mediation;
- initiation of the arbitration process;
- representation and protection of rights in local and international arbitration processes and courts;
- providing advice to arbitrator candidates and arbitration clauses;
- representation in reviews;
- final presentation;
- proposals for clarifying the arbitration decision;
- execution of the arbitration decision;
- legal support during drafting and implementation of contracts and agreements related to dispute resolution.
As one of the most requested services, below we provide more detailed information on the recognition and enforcement of foreign court decisions, as well as the collection of Azerbaijani debts.
Currently, Azerbaijan has an agreement with about 20 states in force on the issues of mutual legal assistance covering the recognition and execution of foreign court decisions. Recognition of the decisions made by the courts of these countries (Russia, Turkey, Georgia, Kazakhstan, UAE, China, India, Iran, Lithuania, Morocco, Ukraine, etc.) in Azerbaijan and their implementation is relatively quick and easy. As for other countries, in practice, the principle of mutual recognition, that is, the courts of the opposite party recognize and execute the decisions of the courts of Azerbaijan, and if there is a guarantee at the central state level, the Ministry of Justice of Azerbaijan submits the case to the court and recognition is carried out based on the final decision of the Supreme Court. In all other cases, cases are considered on a case-by-case basis and need to be analyzed first to determine the chances of recognition.
As a member of the New York Convention on the Recognition and Enforcement of International Arbitral Awards, Azerbaijani courts recognize and enforce foreign arbitral awards in cases where they are consistent with Azerbaijani legislation.
One of the business-oriented services is debt collection. Debt collection services provided to foreign legal entities mainly include debts from Azerbaijani companies awaiting payments under various contracts, granted debts, franchise agreements, violation of import conditions, debts arising from the provision of services, debts arising from the use of trademarks and other contractual obligations.
We approach each debt issue as a new and unparalleled case based on our many years of experience. We have had a number of successful experiences in resolving such disputes and collecting debts out of court (at the pre-trial stage), mainly in the restructuring of payment obligations in several installments in return for the payment of fines and additional damages.
Our team ensures that creditors collect their debt fully and simply, without going to court, in accordance with the terms of the payment plan. In this regard, the CLC team successfully uses the experience of calculating and explaining the costs, procedures and results of dispute settlement in courts and convincing parties to settle disputes before court. Simply put, CLC represents its clients, prevents further disputes between businesses and offers solutions.
Reality shows that in such cases, who is contacted and how payment is requested is very important. Because after the initial agreement, the next stages consist of purely analytical and commercial negotiations on dispute resolution. One of the important regulations in these matters is taking measures for bankruptcy and demanding compensation for damages in case of non-payment of debt.
"We offer temporary and permanent residence permit, work permit, long-term visa support, citizenship and related specialized services in Azerbaijan."
The main areas of service provided by our team include immigration, citizenship, work permit and residence permit for foreigners in Baku, Azerbaijan, and Azerbaijani citizens intending to receive these services abroad. Increasing foreign investments and at the same time providing support to small businesses created by foreigners has been an integral part of the migration policy of the Azerbaijani government.
Existing business opportunities in Azerbaijan have not only attracted medium and large businesses, but at the same time opportunities have always been created for the development of small businesses in Baku.
Attracting foreign labor to local markets is an integral part of modern business. The legislation of Azerbaijan in the field of immigration is understandable from this point of view and meets modern international practices. Nevertheless, the existence of strict regulations and fines in matters of immigration and obtaining work (labor) permits should also be taken into account.
Temporary residence permit (TRP) in Azerbaijan is one of the frequently asked questions by our customers. We inform all our potential clients to consider getting advice on these issues, so it is very important to get the right advice from the very beginning of the process, to choose the type of visa when entering Azerbaijan, and to bring the necessary documents with them when obtaining temporary or permanent residence permits.
Foreigners and stateless persons who want to live temporarily in the territory of the Republic of Azerbaijan must obtain the appropriate permit and temporary residence permit from the State Migration Service of Azerbaijan. A permit for temporary residence in the territory of the Republic of Azerbaijan is a document that allows foreigners and stateless persons to temporarily live in the Republic of Azerbaijan, leave the Republic of Azerbaijan and return to the Republic of Azerbaijan without a visa. free mode. In addition, the temporary residence permit confirms the foreigner's identity and place of residence in Azerbaijan.
- If he is in a close family relationship with a citizen of the Republic of Azerbaijan; Parents and children, grandparents, siblings with common parents are considered close relatives;
- Persons who have real estate worth at least 100,000 manats in the territory of the Republic of Azerbaijan and deposit accounts of the same amount in banks; In such a case, the real estate in Azerbaijan is evaluated by independent evaluation companies, and the amount in the purchase agreement is not taken into account;
- if he is a high-level specialist in economy, industry, military, science, culture, sports and other fields;
- When there are family members of foreigners or stateless persons living temporarily or permanently in the territory of the Republic of Azerbaijan;
- When the head and deputy head of a legal entity established in the Republic of Azerbaijan and at least one of the founders or founders is a foreign legal or natural person; when he holds the position of the head of the branch and representative office of a foreign legal entity in the Republic of Azerbaijan and his deputy;
- when investing in the country's economy in the amount of at least 500,000 manats;
- When engaged in entrepreneurial activity in the Republic of Azerbaijan. This situation is considered as the basis for issuing a temporary residence permit in the territory of the Republic of Azerbaijan, if those persons actually work by concluding an employment contract with at least 5 people in full-time conditions or with 10 people in part-time conditions. In this case, at least 80 percent of employees are required to be citizens of the Republic of Azerbaijan;
- When receiving a work permit in accordance with the procedure established by the Migration Code to engage in paid labor activities in the territory of the Republic of Azerbaijan;
- When studying in full-time and general educational institutions in higher and secondary specialized educational institutions of the Republic of Azerbaijan;
- when engaging in professional religious activities in state-registered religious institutions;
- If there are grounds stipulated in the international agreements of the Republic of Azerbaijan.
In practice, foreigners who are small business owners are provided with a temporary residence permit of 3 to 6 months. All necessary documents for the issuance of a temporary residence permit are submitted within 25 days after submission of the application form for a temporary residence permit.
In addition, we provide full legal services to foreigners and their families who want to migrate to Azerbaijan legally and need practical support and advice at all stages.
It should be noted that unlike many foreign countries, the requirements and procedures related to migration are the same regardless of the applicant's nationality, so that the applicant is from Eastern countries such as Pakistan, India, Iran, Iraq or Western countries such as the United Kingdom, Italy, Germany. the requirements are the same regardless of their country.
A permanent residence permit can be obtained after 2 years of temporary residence in the territory of Azerbaijan. After living on a permanent basis for 5 years, if you meet the requirements of the Azerbaijani language and a stable source of income, you can apply for Azerbaijani citizenship.
Contact us for specific questions and information, including initial advice on business opportunities and immigration issues in Azerbaijan.
"Through our real estate lawyers and consultants, we provide legal services necessary for the purchase of real estate and land."In terms of regulation, this unstable part of the Azerbaijani market has undergone a number of changes that require a professional approach to real estate transactions. Currently, both business people and others are interested in proper documentation of property transactions to avoid ownership risks.
Our real estate lawyers have extensive experience in representing clients at all stages of property acquisition, especially when buying real estate or land in Azerbaijan. Sometimes foreign citizens are interested in relying on the experience and recommendations of real estate agency employees during the purchase and sale of property, but considering the lack of professional qualifications and legal knowledge of the agency employees in the field of real estate and the presence of a conflict of interests, it can be concluded that this decision is risky.
Our real estate lawyers operating in Baku are ready to help during the initial inspection of the property, property documents, status of ownership, transfer of ownership and acquisition of the title registry document for the buyer.
It should be noted that according to Azerbaijani legislation, foreigners are prohibited from buying land in Azerbaijan. But in practice and in real business conditions, the issue of buying land in Azerbaijan becomes an important issue when the client intends to directly or indirectly own and control the land. It should be taken into account that if any form of property right on the land, i.e. ownership of the property as an inheritance or gift to a foreigner or any other similar property right arises, it should be expropriated (given to someone else) within 1 year and the ownership right should be canceled. Our real estate lawyers are experienced in providing solutions for obtaining land ownership rights for foreigners, taking into account the client's needs or business interests.
With the help of our experienced lawyers and consultants, it will be possible to buy land in Azerbaijan. We assure our customers to own and benefit from such land through optimized alternative solutions. The solutions we provide are fully legal and meet the client's desired requirements, including the potential sale of land in a flexible and efficient manner.
Due to the developing real estate market, there has been a great interest in properties in Azerbaijan, especially in Baku. Many foreigners buy real estate in Azerbaijan to live, rent (rent), generate income, or obtain a temporary residence permit.
CLC operates in real estate matters, advising its clients on all legal steps related to the purchase, sale, rental and leasing of property. We ensure the protection of the property and property rights of the business entity and the owner (shareholder), that is, the property has all title documents (Extracts) and necessary documents, registration of property rights.
1. When negotiating the purchase and sale of property, the documentation status of the property must first be questioned and it must be ensured that the seller's property rights are properly registered;
2. The tax arising during the purchase and sale of real estate (Seller's income tax) is calculated in advance and is taken into account when negotiating the price of the property;
3. Before concluding the purchase contract, the property (apartment, villa, commercial object, etc.) must be checked by experts regarding compliance with technical standards and conditions;
4. Before starting the purchase, the rights of third parties on the property, the absence of claims on the property, any liens, mortgages or any encumbrances on the property must be ensured;
5. The seller must ensure that there is no registration of any person living on the property, that the person registered in the mentioned property (at the address) is removed within a certain period of time before registration or after registration. It is advisable not to complete the payment until this obligation is fulfilled;
6. After the notarially approved sale transaction, the property right is registered online through a notary.
Please contact us if you have any questions or need advice
Azerbaijan's post-oil policy has opened an era of new challenges and initiatives aimed at the liberalization of the business environment and the openness of international trade in the country's economy. Today's business environment is mainly characterized by its attractiveness to foreign investments and countless opportunities for doing business. The evolving diversified international business environment requires more demanding negotiation and contractual skills. From this point of view, it is necessary to draw up contracts in a professional manner.
The legal system of Azerbaijan is based on the continental legal system inherited from the Soviet Union. Therefore, all the main elements of continental contract law exist in Azerbaijan. Unlike the common law system, the continental legal system is not based on case law, where only the precedents of the Constitutional Court have legal force. In addition, as in most continental legal systems, the pre-contractual stage is not a mandatory element of Azerbaijani contract law.
During the preparation of contracts, each contract (trade deal) should be drawn up in accordance with the Civil Code of the Republic of Azerbaijan, which includes mandatory rules and provisions for general and specific types of contracts. This does not mean that the Azerbaijani contract law cancels the principle of freedom of contract, on the contrary, it is added to the text of the agreement of the parties and takes precedence over the agreement between the parties in cases where it stipulates binding terms and conditions.
CLC lawyers in the field of contracts, in addition to drafting international contracts, have received international education and experience in the relevant field, as well as experience working with local parties, state authorities and courts. Moreover, our lawyers have experience in drafting various contracts in construction, hospitality, company management, import and export contracts, trade contracts, INCOTERMS, credit agreements, investment and joint venture agreements, shareholder agreements, IT and intellectual property rights, license agreement and manufacturing industry. .
International companies planning to draft joint venture agreements by establishing joint ventures or partnerships in Azerbaijan or abroad should seek advice on drafting agreements before starting negotiations. Most joint venture projects involving foreign parties face certain challenges due to disregard for local rules and conditions or miscalculation of costs as well as lack of professional support. The parties intending to establish a joint venture agreement (establishment agreement) or joint venture in Azerbaijan can invest in the form of property or money, freely transfer funds to and from Azerbaijan, agree on profit (dividend) and cost sharing, organize management.
Our contract law lawyers represent clients in all areas of international business contracts and in the sale and distribution of goods and services (bulk goods including aircraft and agricultural machinery), commercial activities, licensing matters, corporate taxes, foreign investment matters and various other commercial negotiations. they do. In order to speed up these processes, according to various scenarios, we serve our clients with real estate brokers, HR managers, foreign visa professionals and other means.
- drafting of letters of intent, confidentiality and data protection agreements;
- joint venture and consortium agreements;
- agreements between shareholders (establishment agreement) and agreements on the transfer (sale or alienation) of shares;
- international trade of goods, international services, BOT agreements,
preparation of partnership, distribution, mediation and sales representative agreement agreements, providing advice on technology transfer and license agreements;
- representation of buyers on the purchase of business in foreign countries;
- representation of buyers and sellers in international sales contracts;
- letters of credit and trade finance instruments and documentation;
- export and import control;
- Preparing and making changes to ready-to-use contract forms for businesses;
- Preparation of the main conditions of service and purchase and sale contracts;
- representation in courts and protection of clients' interests;
- drafting, approval and translation of power of attorney;
- Relations with state bodies, as well as registration and approval of contracts if necessary;
- Preparation of multilingual contract projects for various industries, whether international or local;
- Commercially oriented legal solutions according to complex business requirements
- Offering legal services in accordance with commercial contracts and requirements
We represent the business in both domestic and international procurement and ensure full protection of its interests in the procurement process. We also provide support for organizing procurement within the company.
Legal audit: We detect violations of law and internal rules, including internal fraud, embezzlement and fraud. Legal audits include checking that the company's institutions and employees follow internal rules, comply with the law, and are free from conflicts of interest.
Azerbaijan's legislation in the field of intellectual property rights mainly consists of the following:
1. Law on Trademarks and Geographical Indications;
2. Copyright and Related Rights Law;
3. Patent Law;
4. Law on protection of intellectual property rights and fight against piracy;
5. Law on legal protection of integrated circuit topologies;
6. Law on legal protection of data sets.
Trademark Registration in Azerbaijan takes about 6-10 months after the relevant expertise is conducted by the Patent and Trademark Expertise Center of the Azerbaijan Intellectual Property Agency.
Although the search for a registered trademark is not on Internet resources as open information, registration information must be made available to interested parties upon written request.
The trademark registration process consists of various stages. Foreign legal entities or individuals must participate in the registration of trademarks in Azerbaijan through a patent attorney. Local legal entities and individuals can freely apply to the Intellectual Property Agency.
The application is made with the following documents:
A trademark is registered for 10 years and this period can be extended.
- Conducting relevant documentation for patent, trademark and copyright protection;
- Registration of trademarks and complaints against registered trademarks;
- Conducting trademark search prior to trademark registration;
- Carrying out a legal audit to ensure that the client does not violate the intellectual property rights of other authors;
- Drafting and analysis of contracts for the protection of intellectual property rights;
- search for the existence of trademarks, registration of trademarks, patents, filing complaints against registration;
- agreements on obtaining trademarks;
- trademark license agreement;
- resolution of intellectual property disputes.
Our team represents and advises both foreigners and local citizens on the legal and financial aspects of family relationships. We ensure that our clients' rights regarding marriage and inheritance are fulfilled in accordance with the legislation of Azerbaijan.
The provisions and regulations of Azerbaijan's family legislation are mainly codified and recorded in the Family Code. Legal status of marriage and divorce, parental rights and responsibilities, legal status of joint property of husband and wife, marriage contract, premarital property regulation, children's rights and upbringing of children, alimony, adoption and related family relations issues are regulated by legislation. In a number of cases, foreigners get married in the Republic of Azerbaijan or with citizens of Azerbaijan without knowing their rights and duties and the joint property status applicable to the property acquired during the marriage. For this reason, it is advisable to obtain proper legal advice before entering into a marriage, and before the start of family disagreements that could lead to divorce or child custody disputes.
- Marriage contract agreement and related advice;
- International marriage and divorce to which Azerbaijani citizens are parties;
- Children's rights during family conflicts;
- Property management and division during divorce;
- Parental rights in case of divorce;
- Divorce and financial arrangements;
- Guardianship of the child and custody issues;
- recognition and execution of foreign court decisions on cases related to family law;
- inheritance advice and documentation;
- other family law services.
1. Before entering into marriage, the party must make sure that the other party does not have a valid marriage. This requirement covers marriage registered anywhere in the world, not just in Azerbaijan;
2. Before entering into marriage, giving a blood test to ensure that the parties are not carriers of the listed diseases;
3. Agreement on the regime of the marriage contract/property contract. In this contract, the property of the parties before the marriage, the division of the property acquired during the marriage (according to the law, this division is 50%/50%), the rights and obligations of the husband and wife, the obligations before and after the marriage must be reflected, the debts, the rights in relation to the children and tasks and other important provisions;
4. Registration of marriage and conclusion of marriage contract;
It is recommended that you seek the advice of a family law attorney before entering into divorce negotiations or considering a divorce. A person who intends to divorce should make sure that a number of conditions are satisfied before the dissolution of the marriage. Here are the general stages and tips for divorce:
1. Finding a lawyer with relevant experience in the field of family law and checking work experience on international marriage contract and divorce;
2. Sign a non-disclosure agreement with your lawyer before transferring any sensitive information;
3. Submission of all information and documents on marriage, children, finances and property acquired during marriage;
4. Choosing an individual strategy related to property acquired during marriage, but registered in the name of third parties (for example, parents of the husband or wife);
5. Drafting of the provisions of the financial/property agreement to avoid court disputes;
6. The amount of alimony must be calculated and the provider of alimony must be determined;
7. Child guardianship and upbringing issues should be agreed upon: It should be taken into account that in Azerbaijani practice, the mother (wife) has an advantage in staying with the child under the age of 10, if it is in the child's interests;
8. If it is not possible to resolve the dispute before the court, filing a lawsuit regarding the dissolution of the marriage;
The most requested direction of appraisal activity is orders for residential real estates, which make up a large volume of the real estate market. At the same time, apartments, penthouses, mansards located in multi-apartment buildings are a separate segment in this direction. Appraisal of this type of real estate is required for various reasons, especially for the following cases.
During the evaluation of apartments, penthouses, attics located in multi-apartment buildings, many factors are taken into account to accurately determine the real value. These factors are also based on the type of property in turn. In general, the main factors that affect the value of real estate are the following.
The appraiser determines the value of real estate by taking into account the following factors:
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