2. ABOUT US
“Azem & Partners” is an international full service law and tax
consultation firm registered by the laws of the Republic of
Azerbaijan in 2007.
MissionofAzem&Partnersistoprovideprofessionalandtrusted
legal and tax consultation services that assist businesses and
non-profit organizations in operating sustainably. Our services
are being delivered on both local and international matters
on the basis of principles such as competence, efficiency,
confidentiality and individual approach.
“Azem & Partners” offers high quality legal service by bringing
together rich expertise and experience of professionals
specialized in different areas of law.
Our law firm has long been committed to meeting the unique
needs of its clients - client satisfaction is one of our highest
goals as a legal company. Though relatively small company,
our impressive client base speaks for itself. The company has
established good contacts with key state authorities and is in a
position to facilitate negotiations between potential clients and
the authorities.
3. INTERNATONAL
PARTNERS
“Azem & Partners” is the only local legal company who is a
memberofPraeLegalNetworkofInternationalLegalCompanies
since 2013. This membership provides company clients access
to global legal resources through its vast network of well-
established 252 law offices in 142 countries.
“Azem&Partners”isinthetop10ofthelegalservicescompanies
of 106 jurisdictions provided by Legal500, operating for more
than 27 years in the global legal services market. The ranking
is based on the opinion of the 250,000 customers all over the
world, legal institutions, interviews with leading lawyers and
is prepared with participation of researchers with long-term
experience in a legal market.
The
4. PRACTICE AREAS
Our principal areas of competency cover many fields
of law.
TRANSACTIONAL
• Banking & Finance, Capital
Market
• Intellectual Property
• M&A and Corporate
•• Project Finance
•• Real Estate and Construction
INDUSTRY-SPECIFIC
•• Energy
•• Maritime Shipping / Transport
Law
•• Pharmaceuticals and Healthcare
•• Sports Law
•• Technology, Media and
Telecommunications
DISPUTE
RESOLUTION
•• Bankruptcy
•• Defamation
•• Alternative dispute Resolution
•• Litigation
•• White Collar Crime
REGULATORY
•• Competition Law
•• Environmental and Technical
regulations
•• International Trade & Customs
•• Legislation and Public Policy
•• Privatization, Procurement and
Public Sector Assets
•• Tax
OTHER AREAS
•• Employment Law
•• Family Law
•• Migration Law
•• Private client Services
They are mainly:
5. BANKING & FINANCE, CAPITAL MARKETS
We advise our clients with the key legal and documentation
aspects of financing and banking activities. We offer
comprehensive support for deals to raise equity and debt
capital, other transactions to raise funding, investment projects
and debt restructuring.
TRANSACTIONAL
Our services include legal consulting
and support in:
•• Acquisition and leveraged
finance;
•• Transactions involving bonds in
both primary
•• and secondary markets;
•• Asset based lending;
•• Asset finance;
•• Real estate finance;
•• Lease finance;
•• Deals to raise syndicated and
bilateral loans, including support
for deals to secure funding,
corporate acquisition funding,
project finance;
•• Debt capital markets and debt
restructuring;
•• Securitization;
•• Derivatives;
•• Advice on various matters in
licensing and foreign exchange
control;
•• Reserve based lending;
•• Trade and export finance;
•• Islamic finance.
6. INTELLECTUAL PROPERTY
Weassistourclientsonregulatoryissuesinregistration,transfer,
and use of intellectual property rights such as, trademarks,
inventions, copyright, domain names; the technology, media and
telecommunications sectors and the Internet, including personal
data protection, commercially sensitive information and related
criminal liability and other risks while working closely with public
patent authorities and antitrust agencies.
TRANSACTIONAL
•• Advising on transfer of
intellectual property rights under
licensing, franchising and other
agreements;
•• Protection of intellectual property
rights;
•• Counteracting production and
imports of counterfeit goods,
development and implementation
of anti-piracy programs
nationwide and internationally;
•• Representing clients before
patent, customs and antitrust
authorities;
•• Advising on Internet business,
including e- commerce,
protection of domain name
holders’ rights and counteracting
cyber-squatting and other
infringements on the Internet;
•• Advising on developing, sale and
certification of software and
many other issues in the IT sector;
•• Advising on protection of
personal information and
licensing of cryptographic
operations;
•• Representing clients before
law enforcement agencies in
criminal proceedings related
to infringement of intellectual
property rights, confidentiality
issues and violation of
cryptographic services laws;
•• Registration of trademarks and
other industrial properties;
•• Advising on licensing and
registration of TV channels and
media companies.
Our services include the following:
7. M&A AND CORPORATE
Our lawyers have comprehensive experience in the area of
company law and in the management of business activities.
Our specialist corporate lawyers are on hand to provide advice
and guidance on all aspects of corporate law to keep the client
on the right side of the regulations and allow him to get on with
his business. The company advises its clients in all extraordinary
corporatematters,includingmergersanddemergeroperations,
transfer of going concerns, private equity investments and
company reorganization.
Our services include:
•• Corporate management −
preparation and review of a
wide range of legal documents
(e.g. constituent documents of
legal entities and their branch/
representative offices);
•• Assistance in registration,
reorganization and liquidation of
legal entities and their branch/
representative offices, etc. ;
•• Advising on corporate
governance, setting up a holding
management system, information
disclosure, insider trading
compliance;
•• Advice on corporate
restructuring;
•• Negotiations and drafting
commercial agreements;
•• Legal due diligence;
•• Drafting and analyzing business
sale and purchase agreements,
shareholder agreements (options,
shareholder agreements) and
other related documents;
•• Structuring direct foreign
investment, setting up joint
ventures, partnerships and
strategic alliances.
TRANSACTIONAL
8. PROJECT FINANCE
We give legal advice to the natural and legal persons who need
to raise money to develop a particular project, or to the banks
and financial institutions lending to them.
We support public and private sectors and international
financial institutions with legal advice in the related
areas:
•• Transport (motorways and
railways, metro and light rail,
bridges and tunnels, seaports
and airports);
•• Water and waste utilities (water
supply and treatment, waste
recycling and incineration);
•• Recreation and sports
infrastructure (theme parks,
hotels, resorts, stadiums, ice rinks,
etc.);
•• Energy (nuclear, conventional,
hydro- and budget and timetable
risks on delivery and help assess
market capacity in terms of
the availability of bidders (for
procurers), funders and advisers;
•• Industrial enterprises;
•• Social infrastructure (hospitals
and healthcare facilities, schools,
etc.).
•• Determination of the project’s
size, identifying budget and
timetable risks on delivery and
help assess market capacity
in terms of the availability of
bidders (for procurers), funders
and advisers;
•• Consulting on risk management,
financing, and on how to deal
with certain aspects such as
insurance, funding and legislation
developments;
•• Preparation of relevant legal
documentation, including (but not
limited to) project agreements,
financing documentation,
construction contracts, sub-
contracting documentation,
facilities management contracts
and ancillary documents, etc.
TRANSACTIONAL
9. COMPETITION LAW
Regulation of competition among companies is essential in
order to prevent the monopolies and oligopolies in the market.
Companies should act in compliance with competition laws to
avoid state sanctions and even criminal liability. They usually
search for comprehensive legal advice to comply their activities
with corresponding legislation.
Our company offers following services in the field of
competition law:
•• Analysis of and advice on anti-
trust aspects of commercial
agreements;
•• Abuse of market power issues;
•• Self-assessment of commercial
conduct by
•• companies;
•• Business structuring and
compliance reviews;
•• Representation of companies
in anti-trust investigations and
settlement procedures;
•• Consultancy in the area of
competition law in specific
sectors;
•• Compliance audits, frameworks
and training courses;
•• Representation of clients in courts
regarding antitrust issues;
•• Representation of clients before
state authorities.
REGULATORY
10. ENVIRONMENTAL AND TECHNICAL
REGULATIONS
To protect environment during the use of country’s natural
resources is the main goal of the environmental legislation in
Azerbaijan. The work in country’s oil and gas fields requires
to follow environmental feasibility in each and every step. In
addition to fossil fuels and non-renewable resources, the county
is also rich with alternative energy resources, likewise wind,
water, solar power and thus, has potential to attract investors
to build business in this sector. Therefore, legal support with
environmental regulation is vital for every entity engaging
environment related fields.
Our lawyers’ legal support includes the following:
•• Environmental litigation and
enforcement;
•• Environmental due diligence and
transactional advice;
•• Environmental compliance and
regulatory advice;
•• Environmental advice on
infrastructure, project
development and finance;
•• International trade and the
environment;
•• Environmental risk management;
•• Regulatory compliance and
enfrocement.
REGULATORY
11. INTERNATIONAL TRADE & CUSTOMS
Due to its geographical location our country is center to trade
and commercial transportations crossing through the region.
We advise companies involved in trade with Azerbaijan in their
relations with the customs authorities, in the development
of their strategies that enable them to attain benefits with
respect to customs clearance, customs controls and payments
of customs duties.
Our lawyers provide advice on the following subjects in
the field of international trade law and customs:
•• Trade defense instruments (anti-
dumping, anti- subsidy and
safeguards);
•• Customs compliance and rules of
origin;
•• WTO litigation and alternative
dispute resolution;
•• Negotiation and implementation
of trade agreements;
•• Market access and trade barriers;
•• Customs and Border Patrol;
•• Export controls (embargoes and
trade sanctions);
•• Bilateral investment treaties.
REGULATORY
12. LEGISLATION AND PUBLIC POLICY
Represented by lawyers specialized in different fields of law,
our Company has a capacity to participate in the process of
lawmaking. As we work with domestic legislation in our
day-to-day activity, we are closely aware of any collision and
gap in the codes and other normative acts. Thus, we offer our
services on legislative, departmental and municipal levels.
Thisprocesscouldincluderesearchinthelegislation,preparation
of suggestions to cover the gaps and adjust collisions, submitting
the final project to the customer, representing clients during
inspections by the state authorities, representing clients in
judicialandnon-judicialproceedingsonadministrativeoffences.
REGULATORY
13. PRIVATIZATION, PROCUREMENT AND PUBLIC
SECTOR ASSETS
For public sector clients, we advise on privatization and
procurement strategy, risk management and document
development to ensure we can deliver the desired outcome
successfully. Our authority/utility clients include central and
local government, universities and transport, water and energy
utilities.
Our services in this area matters include:
•• Advising clients on general
privatization matters in
Azerbaijan;
•• Preparing necessary
documentation for participation
on public auctions and tenders;
•• Preparing Legal Due Diligence
Reports;
•• Advising both international and
domestic clients in tender and
auction sale of state- owned
companies;
•• Legal advice on labor law aspects
of the privatization process;
•• Providing advice regarding
implementation of duties during
privatization and upon its
completion.
•• How to anticipate potential issues
and prepare suitable strategies
for dealing with the rules;
•• Preparing a clear, structured
approach from the initial
commercial assessment to the
final award and performance of
the contract;
•• Procurement disputes;
•• Guidance for contracting
authorities and utilities operators
whose tendering processes have
come under attack;
•• Advising disappointed tenderers
seeking to challenge the award of
a public contract.
REGULATORY
14. TAX
Taxation is almost the most important factor to consider for all
legal and natural persons which engage in any type of business
activity. The government which is interested in facilitating the tax
collection tries to make tax legislation straight and unambiguous
fortaxpayers.However,mosttaxpayers,especiallylegalentities,
need legal advisers’ opinion for comprehensive tax planning
and tax structuring.
Our company’s lawyers advise the clients in following
taxation issues:
•• Tax planning, choosing the most
suitable tax model;
•• Personal income tax for
individuals;
•• Corporate income tax;
•• Witholding tax;
•• Simplified taxes and other direct
taxes;
•• VAT and other indirect taxes;
•• Municipal taxes;
•• Compliance with tax legislation;
•• Representation before tax
authorities;
•• Preparation for tax audits and
inspections;
•• Litigation and alternative
dispute resolution for tax related
disputes.
REGULATORY
15. ENERGY
Energy law is one of the most important fields of law in our
country. Being rich with different energy resources, Azerbaijan
attracts investors and international energy companies to
become an active player in the region. These new faces in the
market need legal support of experienced law company that is
familiar with local legislation and requirements.
We offer legal assistance to our local and international
clients in the following issues:
•• Review of PSAs (Production
Sharing Agreements);
•• Asssistance in the course of
transfer of rights under PSAs;
•• Statutory and PSA requests for
Contractors;
•• Review of concession contracts;
•• Due diligence;
•• Environmental Feasibility reports;
•• Taxation issues;
•• Development and implementation
of investment projects related
to infrastructure and electricity
generating facilities;
•• Development, implementation
and financing of investment
projects related to alternative
energy generating facilities.
INDUSTRY-SPECIFIC
16. MARITIME SHIPPING / TRANSPORT LAW
Legal services in the maritime sector are routinely required for
contentious and non-contentious work relating to a wide range
of matters including charter parties, shipbuilding, finance,
commodities,energy,insurance,cargo,collision,salvage,general
average and pollution.
Our company advises clients on contractual arrangements for
the construction, financing and registration of marine vessels,
customs and licensing, as well as documentation relating to
charter parties and bills of lading. Furthermore, the company
has dealt with a range of transactions concerning port and
shipping assets.
We offer support in such matters as:
•• Bill of lading and charter party
disputes;
•• Collisions and groundings;
•• Ship building and ship repair,
ship sale and purchase, as well
as corporate acquisitions and
shareholder agreements, ship
mortgage registration;
•• Passenger and crew claims,
personal injury and industrial
disease;
•• Marine insurance and re-
insurance policies and disputes
(including P&I);
•• Environmental damage, bunker
spills and contamination, ship
recycling issues;
•• Advising owners, charterers and
cargo interests on all aspects
of piracy incidents, covering
the legal and practical aspects
of responding to a hijacking,
release of vessels, insurance
and mitigating the risk of such
incidents reoccurring;
•• Dealing with national and
international authorities and
representing clients’ interests
in formal enquiries and
investigations.
INDUSTRY-SPECIFIC
17. PHARMACEUTICALS AND HEALTHCARE
Being extremely vital for human life, pharmaceuticals and
healthcare issues are in need of strict regulation and active
players of these sectors need help of legal professionals. Our
company advises companies and natural persons with following
issues:
•• Product liability;
•• Licensing activities;
•• Clinical trials;
•• Protection of consumer rights;
•• Intellectual property protection
and enforcement of relevant
rights;
•• Bringing products to market
(marketing authorizations,
registrations and notifications);
•• Pricing and reimbursement;
•• Commercial contracts
(distribution structures,
marketing, donations);
•• Data privacy;
•• Competition law (analysis of
marketing and sales campaigns,
dominance matters, sectorial
inquiries, trainings);
•• Public procurement;
•• Customs and police matters;
•• Litigation.
INDUSTRY-SPECIFIC
18. SPORTS LAW
In today’s globalizing world, sport is a significant social and
economic factor. And of course, in Azerbaijan it continues to
grow its importance. Thus, the sports industry requires qualified
consultants who understand the needs of the industry and is
aware the specific regulation.
•• Personal advice for sportspeople;
•• Consultancy services;
•• Player contracts, relations with
teams, sports clubs, player
associations and governing
bodies
•• Regulatory advice and dispute
resolution;
•• Sports Governance;
•• Event organization and
exploitation;
•• Corporate advice;
•• Sponsorship, Merchandise
distribution and sale
arrangements;
•• Broadcasting;
•• Trademark advice and
registration;
•• Copyright protection;
•• Taxation issues.
INDUSTRY-SPECIFIC
We offer following services related to sports law:
19. Our company provides its clients with specialist legal
support across the full spectrum of technology, media and
telecommunications matters.
•• Guidance and documentation on
all types of transactions in the
technology sector;
•• Drafting IT related agreements;
•• Software licensing;
•• Compliance with data protection,
use of encryption, and
government procurement rules in
a technology context;
•• Technology and intellectual
property aspects of transactions;
•• Disputes of copyright
infringement, disputes as to
ownership of technology and
improvements, and disputes
relating to failure to perform
under technology services
agreements;
•• Data protection policies, social
media policies, and policies
relating to the use of corporate
technology.
TECHNOLOGY, MEDIA AND
TELECOMMUNICATIONS
Our technology services include:
TECHNOLOGY
20. •• Local law compliance in respect
of traditional and digital
advertising and promotions,
including content regulatory
advice;
•• Structuring of media sector
ventures, and set- up in local
media free zones;
•• Publishing and broadcasting, and
film and television distribution
throughout the region, including
via OTT services and other new
channels;
•• Events and sponsorship related
advisory and documentation;
•• Contentious media-related
matters, including allegations
of copyright infringement,
social- media take-downs, and
addressing non- compliance with
local regulatory requirements
•• Media and content related
aspects of corporate and
commercial transactions.
TECHNOLOGY, MEDIA AND
TELECOMMUNICATIONS
Our Media services include:
MEDIA
21. TELECOMMUNICATIONS
•• Compliance with
telecommunications-related
issues affecting corporate clients;
•• Compliance by locally licensed
telecommunications service
providers;
•• Commercial transactions
relating to the supply of
telecommunications related
services;
•• Corporate set-up of suitable
entities in the most appropriate
locations, and general corporate
legal support;
•• Assistance with import and
export of telecommunications
equipment;
•• Contractual disputes, disputes
between competitors.
TECHNOLOGY, MEDIA AND
TELECOMMUNICATIONS
Our core Telecommunications services include:
22. EMPLOYMENT LAW
•• Determination of Job Description;
•• Specifying whether the job falls
under the list of jobs of specific
nature;
•• Drafting the Employment
Agreement;
•• Registration of the Employment
Agreement notification in
electronic information system;
•• Compulsory insurance of
employees;
•• Carrying out other necessary
actions, e.g. registration of an
employee in the State Social
Insurance system; obtainment of
labor books, etc.;
•• Monthly HR Administration
services;
•• HR audit;
•• Labor advisory;
•• Assistance with labor audits;
•• Preparation of collective
contracts and agreements;
•• Other subject related services
OTHER AREAS
Our law company offers legal advice with following
issues:
Every company and individual entrepreneur is obliged to follow
the compliance with the labor and employment law in relation to
their employees. In this context, they usually need legal support
to have all proceedings being done lawfully.
23. FAMILY LAW
•• Family mediation;
•• Representation in courts and
before governmental authorities;
•• Divorce;
•• Matrimonial property disputes;
•• Legal advice with cases of
domestic violence;
•• Child custody;
•• Child protection/child welfare;
•• Guardianship.
OTHER AREAS
Our legal advisers give legal support to our clients with
following matters:
Being core of the society, family is very important element of
life. Regulation of family relations is necessary from the aspect
of government to protect children, to prevent domestic violence
and to ensure healthy relationships within society. Often times,
ordinary people need legal professionals advice in relation to
family law matters.
24. MIGRATION LAW
•• Acquiring temporary and
permanent residence permits for
foreigners and stateless persons;
Representation in courts and
before governmental authorities;
•• Extension of temporary stay in
the territory of Azerbaijan;
•• Acquiring work permits for
foreigners and stateless persons;
•• Visa proceedings and relevant
documentation;
•• Detention, removal, cancellation
procedures and exclusion periods;
•• Procedure and timing of
notification of supervising
bodies regarding employment
or termination of employment
contract with a foreign employee;
•• Appeals of decisions of the State
Migration Service of the Republic
of Azerbaijan on bringing
organizations and officials to
administrative responsibility for
violation of immigration laws;
•• Preparation of required
documents for acquiring
citizenship;
•• On many other issues in the field
of migration law.
OTHER AREAS
In addition to supplying general legal consultation
with migration law related issues, our company offers
support with following migratory matters:
Migration matters are getting more importance in Azerbaijan
day by day. State policy aimed at attracting foreign investment
contributes to the simplification of migration procedures and
thus accelerates the flow of migration to the country. The
foreigners and stateless persons who come to Azerbaijan for
the first time need the help of local legal professionals.
25. PRIVATE CLIENT SERVICES
OTHER AREAS
Our company’s private client services include all the
aforementioned fields of law. Our lawyers’ team has required
professional capacity to act as a close confidential trusted
adviser for business owners and other individuals to guide
through legal complexities.
26. BANKRUPTCY
DISPUTE RESOLUTION
Bankruptcy is a field of law with extremely complex and intricate
legal provisions, which demands assistance and engagement
of legal professionals.
Our lawyers give advice on bankruptcy proceedings, countering
unscrupulous debtors, preventing the bankruptcy of strategic
companies and facilitating their financial rehabilitation,
represent creditors, debtors, and bankruptcy trustees, including
the Deposit Insurance Agency and thus save client’s time.
•• Drafting and filing petitions for
debtor’s bankruptcy;
•• Including a creditor in the register
of creditor claims;
•• Disputing claims made by
creditors;
•• Participating in creditors’
meetings;
•• Reporting crimes in connection
with bankruptcy proceedings to
law enforcement authorities;
•• Objecting to debtor’s financial
standing analysis, opinions
confirming absence of
premeditated bankruptcy signs.
The company’s services in bankruptcy proceedings
include, but are not limited to, the following:
27. DEFAMATION
DISPUTE RESOLUTION
Cases related to defamation are very sensitive since the
ongoing dispute concerns clients’ honor, dignity and business
reputation. Our legal consultants use well-proven procedures
for the protection of the client’s interests in these cases and
have proven their efficiency in this regard.
•• Representing clients in the courts;
•• Assessment of discrediting
materials published from the
point of view of a possibility to
initiate a criminal action against
the opponent;
•• Day-to-day legal support of the
client: prompt analysis of texts
received with regard to potential
legal response to be applied;
•• Implementation of an efficient
proactive protection system:
development of a tool to
counteract the negative public
relations making it possible to
proactively react to the materials
•• published both in Azerbaijan and
internationally;
•• Identification of the business
world events and circumstances
that may serve as newsworthy
leading to a positive client image;
•• Monitoring and prevention of
negative news in the media when
possible;
•• Legal support if a news crisis
transpires, assistance in
development and implementation
of the crisis communication plan;
•• Legal assistance in drafting
responses to requests from the
media.
Our services regarding defamation include the following:
28. ALTERNATIVE DISPUTE
RESOLUTION (ADR)
DISPUTE RESOLUTION
Being alternative ways of dispute resolution, mediation and
arbitration have increasingly become the preferred method
of resolving disputes, offering the benefits of greater flexibility,
confidentiality and crucially, prospects for enforcement, than
court based litigation.
•• Complex financial issues;
•• Corporate restructurings;
•• Securities matters;
•• Intellectual property conflicts;
•• Oil and gas matters;
•• Tax controversies;
•• Contracts and commercial
agreements;
•• Business torts;
•• Construction claims;
•• Employment and labor matters;
•• Media and communications,
technology and
telecommunications;
•• Insurance and reinsurance;
•• International trade and
investments.
Our legal professionals advise and represent clients in
arbitration and mediation to resolve disputes involving:
29. LITIGATION
DISPUTE RESOLUTION
The company’s lawyers have capacity to advise on the most
sophisticated and large-scale disputes and participate in cross-
border disputes involving multiple jurisdictions.
•• Banking and finance disputes;
•• Construction and engineering
litigation;
•• Competition litigation and
disputes;
•• Energy and environmental
disputes;
•• Health and safety disputes;
•• IP Disputes;
•• Major contract disputes;
•• Patent and licensing litigation;
•• Pensions disputes;
•• Real estate disputes;
•• Technology disputes;
•• Unfair trade practices litigation.
Our services include legal consulting and support in:
30. WHITE COLLAR CRIMES
DISPUTE RESOLUTION
We are experienced in representing clients through all aspects
of criminal litigation and regulatory enforcement actions - from
the pre-investigation stage and the onset of an investigation to
a trial’s conclusion regarding white collar crime cases including
commercial, credit card, computer/internet, bank, insurance,
securities, and bankruptcy fraud, as well as professional
negligence, tax evasion, bribery, counterfeiting, economic
espionage, embezzlement, extortion, forgery and money
laundering.
•• Advising and representing
clients at all stages of criminal
investigations, including the
issues of assessing the nature
and scope of the investigation,
data collection, risk management
and assessment, counseling on
interaction with local criminal
prosecution bodies, providing and
implementing effective defense
strategies;
•• Coordinating internal corporate
investigations of alleged
misconduct;
•• Advising corporate clients on
fraud prevention and emergency
fraud response;
•• Advising on anti-money
laundering (AML), bribery
and corruption legislation and
implementation of the policies in
these areas;
•• Advising and representing private
clients in connection with criminal
risks associated with their
personal deposits or investments.
Our services include the following: