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E - BROCHURE
Legal services in the different fields of law
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.
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
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:
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.
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:
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
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
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
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
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
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
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
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
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
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
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
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:
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
•• 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
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:
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.
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.
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.
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.
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:
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:
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:
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:
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:
CLIENTS
AFFILATION AND MEMBERSHIP
SILK WAY
ASSOCIATION
A: Nobel Avenue 15, Azure Business Center,
19th floor, office 133
Baku, Azerbaijan, AZ1025
P: (+994 12) 480 16 24
M: (+994 55) 221 04 52
E: office@azem.az

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Azem and Partners Law Firm

  • 1. E - BROCHURE Legal services in the different fields of law
  • 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:
  • 33. A: Nobel Avenue 15, Azure Business Center, 19th floor, office 133 Baku, Azerbaijan, AZ1025 P: (+994 12) 480 16 24 M: (+994 55) 221 04 52 E: office@azem.az