Our Panama colleagues FABREGA MOLINO are widely recognised by the ranking Legal 500 Latin America 2023

FABREGA MOLINO is grateful to our clients and colleagues for the Panama ranking in The Legal 500 (Legalease) 2023. FABREGA MOLINO achieved top rankings in 9 practice areas.

The recommended attorneys are:

Jorge Molina (Dispute Resolution)

José Agustin Preciado Miró (Real Estate)

Juan Raúl Sosa Vallarino (Tax)

Farah Molino Diez (Intellectual Property)

Ana Lorena Morales (Project & Energy, Shipping)

Jose Juan Marquez (Tax, (Corporate/M&A)

Miguel Eduardo Urriola Maylin (Dispute Resolution, Labour)

Lourdes Bishop (Labour)

Juan Pablo Fábrega Polleri (Corporate/M&A)

Gretel Ciniglio de Perez (Corporate/M&A)

Carlos Eduardo Molino Diez (Corporate/M&A)

Liza Maye Diaz (Corporate/M&A)

Jose Antonio Sierra (Real estate)

Eduardo Molino Paz (Shipping).

New mandatory registration for overseas companies with property in the UK

ARE YOU A COMPANY BASED OUTSIDE THE UK AND OWN A PROPERTY OR LAND IN THE UK? 

YOU DO NEED TO REGISTER WITH THE REGISTER OF OVERSEAS ENTITIES 

If you have a company based outside the UK but own property in the UK, you do need to consider the need of registration with the Register of Overseas Entities. This registration is compulsory and failing to register, could attract fines, prison sentences or both. 

They have been many changes in legislation in the UK in the last couple of years, in particular following the Brexit referendum and the subsequent of the UK from the EU.

The Economic Crime (Transparency and Enforcement) Act 2002 (the ‘Act’) is a new piece of legislation which aims to bring more transparency and assist with the investigation of assets for enforcement purposes. With this in mind, a new Register of Overseas Entities was created on 1 August 2022. The Register is held by Companies House and all Overseas Entities who would like to buy, sell or transfer property or land in the UK, must register with them and provide information about their beneficial owners or managing officers. 

The obligation to register those details will apply retrospectively if the Overseas Entity bought property or land in England and Wales on or after 1 January 1999, in Scotland on or after 8 December 2014 or in Northern Ireland on or after 1 August 2022.

The registration will need to be done by 31 January 2023.

However, please bear in mind that there is also a requirement to register if the Overseas Entity sold property or land after 28 February 2022. 

Before registration, there is the need to carry out verification checks on all beneficial owners and managing officers. This can be done by a UK-regulated agent who must complete the verification checks. It is not a simple task, I am afraid, and could be costly too.

Once the registration takes place, the Overseas Entity will receive an ID number which they will need to provide to the Land Registry in the UK when it buys, sells, transfers, leases or charges UK property or land.

It is important to note that the Act indicates that if registration is not complied with, the Overseas Entity could get a fine, prison sentence or both. They will also face restrictions when buying, selling, transferring, leasing or charging property or land in the UK.

If you are a Company based outside the UK and need assistance with registration or with your dealings in the UK, please do not hesitate to contact Carmen Calvo of Cognitive Law on +44 (0)1273 284 120.

D’Empaire ranked “Venezuelan Law Firm of the Year” by Chambers and Partners

We are proud to announce that D'Empaire has been named "Venezuelan Firm of the Year" by Chambers and Partners, for the eighth consecutive year and a total of 11 times. The distinction was received at the Chambers Latin America Awards held in Miami on 28 October 2022.
 
D'Empaire would like to thank his clients, team, friends and Chambers and Partners for this recognition.

VENTURA TORRES ADVOGADOS: Gustavo Ventura is elected president of the National Federation of Lawyers Institutes of Brazil

Lawyer Gustavo Ventura was elected as the new president of the National Federation of Lawyers Institutes in Brazil. The election took place this month (21), at the headquarters of the IASP, in São Paulo, at a board meeting presided over by the president Renato Silveira.
The current president of the Instituto de Abogados de Pernambuco (IAP-PE), Gustavo Ventura, will command the National Federation from February 2023 for a period of one year.
“I thank president Renato Silveira and the other presidents of the Institutes of Lawyers for their trust. The elected directive will seek to advance in the realization and representativeness of the Institutes that integrate the National Federation. The defense of constitutional values ​​and the contribution to matters of interest to law are our main objectives”, highlighted Gustavo Ventura.
The presidents of the Institutes of Lawyers of Minas Gerais (IAMG), Felipe Martins, and of Paraná (IAP-PR), Tarcísio Kroetz, who will be, respectively, vice-president and general secretary, also form part of the new directory. The takeover of the new directors will take place in the next few months, in Brasilia.

HISTORICAL PROTAGONISM
ThIs Institutes play an important historical role in society and for the Brazilian right, being responsible for the formation of the Orden de los Abogados de Brasil (OAB) in its states. Many of the Institutes of the National Federation were created in the 19th century, such as the IAP-PE in 1851 and the IASP in 1874.
 
More information:
https://jurinews.com.br/advocacia/gustavo-ventura-e-eleito-presidente-da-federacao-nacional-dos-institutos-dos-advogados-do-brasil/

FÁBREGA MOLINO advises the Ministry of Public Construction of Panama in the first Public-Private Partnership project for a highway.

FABREGA MOLINO acted as a local legal advisor of the Ministerio de Obras Públicas de Panamá, for structuring the first Public Private Partnership project in Panama related to the rehabilitation, operation, and maintenance of East Pan-American Highway: Vía Pacora-Yaviza.

Principal partner Ana Lorena Morales represented FABREGA MOLINO in this important transaction.

Ulises Cabrera recognized in six practice areas by The Legal 500

Ulises Cabrera have been recognized by the British directory The Legal 500, as one of the Leading Firms of the Dominican Republic. Ulises Cabrera, law firm with over 50 years of experience, has been ranked in the practice areas of Corporate and M&A, Intellectual Property, Dispute Resolution, Labour & Employment, Real Estate and Tourism and Environment, the last three areas debuting in the legal ranking for the first time.

Corporate and M&A

The Legal 500 points out that, Ulises Cabrera has longstanding experience of advising local and international clients on corporate matters, including M&A, foreign investments, corporate finance, regulatory issues, and agency and distribution contracts. Notable areas of expertise include the financial, technology, healthcare and manufacturing sectors. Founding partner Ulises Cabrera leads the team alongside managing partner José Cruz Campillo, whose practice covers foreign investments, free trade zone matters and agency and distribution law, and Mónica Villafaña, who advises on a wide range of commercial contracts and corporate transactions, as well as competition law.

Intellectual Property

In the same vein, The Legal 500 recognized again the Intellectual Property department, which is headed by partner Magdalena Almonte, as one of the leading firms in the Dominican Republic. The editors say that the department acts for clients such as Rolex in filing opposition actions against others’ trademark applications in order to protect their IP. Protective strategies also include advice on unauthorized use of a trademark for GlaxoSmithKline, filing complaints for damage to the reputation of a trademark and defending clients against annulment actions for non-use. Patents and industrial designs for technology clients are also covered, with practice head Magdalena Almonte and associate Aidaluz Pimentel providing day-to-day advice to Xiaomi on its portfolio of distinctive signs and filing a patent application for Derrick Corporation, as well as the IP aspects of due diligence as part of an acquisition.

Dispute resolution

The British directory recognized the firm´s Dispute Resolution department as a leading one, for the second time. As part of the study results, The Legal 500 indicates that Ulises Cabrera ‘s diverse areas of expertise include disputes relating to forced evictions, licensing contracts, tax collection, public contracting, financial and technology-related crime, and damages claims in the maritime sector. In addition, the team is active in the settlement of disputes involving high-profile families in the Dominican Republic.

Labour & Employment

For this practice area, the British ranking indicated that Ulises Cabrera is experienced in labour litigation, representing both employers and employees, in addition to handling negotiations with labour unions. The team also advises on a wide range of non-contentious matters, including the drafting of internal regulations and compliance with local labour and social security laws (as well as new health and safety regulations stemming from the Covid-19 pandemic). Founding partner Ulises Cabrera and managing partner José Cruz Campillo are particularly active in labour disputes, and Monica Villafaña advises corporate clients on labour issues.

Real Estate and Tourism

Ulises Cabrera counts the Asociación Popular de Ahorros y Préstamo (APAP) as a key client, advising the bank frequently on foreclosure litigation against debtors. The firm represents clients in lawsuits against the Dominican state, defending APAP in a title fraud matter and suing on behalf of landowner SONULI regarding compensation for land affected by road building. The team has also advised SONULI on title and demarcation issues, two areas of which the firm has much experience. Name partner Ulises Cabrera leads, and ‘excellent’ senior associate Jeanny Aristy Santana assists in the majority of the firm’s matters, which are often for private clients; Cabrera co-led with Leslie Cabrera on an individual’s sale of lands amounting to 150m sq m. Freddy Zarzuela advises on housing projects, with experience in foreclosure cases.

Environment

Following in the footsteps of the Real Estate & Tourism and Labor practices, Environment joins the successful list of practices highly valued by The Legal 500. The editors say that Ulises Cabrera provides environmental expertise for manufacturing clients, with managing partner José Cruz Campillo recently representing a textile company in administrative appeals against fines for violations of environmental regulations. Cruz Campillo also leads the team in negotiations of permits with the Ministry of Environment, assisted by Heiddy Moronta, who works on all environmental matters at the firm. The pair collaborated on amending a permit for a textile plant, a key element of the plant’s environmental plan, as well as renewing a permit for healthcare manufacturer Cardinal Health. The team also assisted multinational environmental consultants with permits to allow them to carry out environmental impact studies for a mining company.

Rogério Fernandes Ferreira distinguished in the Global Guide of Who’s Who Legal

The founding partner of RFF Lawyers was highlighted in the Global Guide of the international directory Who's Who Legal in the categories of Corporate Tax Advisory and Corporate Tax Controversy, where he kept his recognition as Thought Leader, and in the category of Private Client, where he was also recognized as Thought Leader.

Rogério Fernandes Ferreira was referred to as a "highly regarded practitioner with an impeccable knowledge of controversial issues in taxation matters", "excellence across the full range of tax issues", "attention to detail, strong analysis and prompt response" and "top-tier practice in corporate tax and private wealth issues".

The recognition of Rogério Fernandes Ferreira as a Thought Leader comes in the context of the Who's Who Legal analysis based on recommendations from clients and peers, to recognise the leading specialist lawyers in various categories and jurisdictions and is the highest awarded to lawyers.

RFF & Associados organises the Iurisgal International Meeting in Lisbon in September 2022

RFF & Associados managed by our colleague and friend Rogério Fernándes Ferreira is organising this year's IURISGAL INOLF Network Meeting in Lisbon (Portugal) on 22. 23 and 24 September. We would like to thank them for the generous effort they are making in its preparation.

This year also RFF celebrates its tenth anniversary, and we congratulate them for all the achievements they have made during these years!

And they are celebrating this in the best way, moving their headquarters to a new space located at number 136, Avenida da Liberdade, in Lisbon.

It is located in the most emblematic and central avenue of the capital of Portugal, in a building with a renovated 19th century façade and has 650 m2 spread over two floors.

Ulises Cabrera shortlisted as Environment and Sustainability outstanding firm in Dominican Republic

Ulises Cabrera has been shortlisted as one of the outstanding law firms in Environment and Sustainability by the prestigious directory Chambers and Partners Latin America. Ulises Cabrera is the only Dominican office nominated in this award category.

Their Environmental Management & Sustainability committee is humbled and honored by this this great recognition and stated that this marks only the beginning of a long path of transformation and well-being for global environment.

They also took the chance to invite all individuals and companies to join the cause, in order to mitigate the effects of climate change by reducing their carbon footprint.

The winners will be announced on October 28 during a gala with leaders of the region in Miami, FL.

SOURCE: LATIN COUNSEL

Solicitor Bill Holohan of Ireland is helping to establish a plan to reduce the backlog of cases in Pakistan’s courts

Our colleague Bill Holohan of Holohan Lane, Ireland, has begun working with the Pakistan branch of the Chartered Institute of Arbitrators to develop proposals to address the huge backlog of cases in Pakistan's courts. The reduction would be through alternative dispute resolution systems. 

Mr Holohan told Irish Legal News: “If every case currently in the Indian court system continued all the way to the Indian Supreme Court, it will take 25 to 30 years to clear the backlog. There are similar problems in the Pakistani courts with around 2.2 million cases currently pending, and the backlog growing daily. I’m looking forward to helping in any way I can.”

Source: Irish Legal News

Giulio Ippolito of the Italian Law Firm TOSATO E ASSOCIATI appointed as arbitrator of the Italian Chamber of Arbitration

The Council of the Italian Chamber of Arbitration has recently approved the designation of Giulio Ippolito of the Law Firm TOSATO E ASSOCIATI in its Register of Arbitrators and Experts with the qualification of Arbitrator.

This new professional qualification of our colleague Giulio R. Ippolito represents a further consolidation of the Italian Law Firm in the field of national and international ADR in civil and commercial matters.

D’Empaire has been ranked in 2022 as the Elite Law Firm in Venezuela by the Latin Lawyer 250 directory

D’Empaire has been featured as an Elite law firm in Latin Lawyer 250 24th edition, a select group of Latin American law firms chosen by Latin Lawyer for their paths towards excellence and unique areas of strength. 
 
According to Latin Lawyer, D’Empaire “remains a major force in the Venezuelan legal market, winning what limited cross-border work there still is thanks to its excellent international reputation and partner-heavy team. High-value M&As are very rare in Venezuela, but when they do happen D’Empaire is involved, particularly if there are cross-border elements to them […] Few firms in the country have been able to pull this off […] D’Empaire’s transactional practices are supported by other highly regarded offerings. Its environment, labour and tax departments are among the best in the market and busy thanks to constantly changing government regulations. It also offers an excellent white-collar crime and compliance offering, a rarity in Venezuela. Outside the country, the firm’s reputation is strong, and it maintains a high profile thanks to effective marketing strategies and a charismatic partnership. Many of its top partners have experience working at major US firms, and these connections are clearly used to maximise cross-border work. The firm’s senior partnership regularly speaks at international conferences and events.”
 
Latin Lawyer 250 is a guide to the leading business law firms of Latin America, resulting from more than 20 years’ intensive research by Latin Lawyer’s editorial team. 

Mireia Paulo (A&Z LAW FIRM, China) was appointed as SHIAC’s arbitrator

We are very honored to announce that Ms. Mireia Paulo Noguera, Senior Counsel at A&Z Law Firm (China), has been appointed as arbitrator of the Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) recently. Her areas of expertise as arbitrator include Corporate Law, M&A, International Trade, Commercial Arbitration, ADR and EU Law. With her appointment as arbitrator, Ms. Mireia Paulo will provide fair and efficient dispute resolution services to the parties of international arbitration disputes at Düsseldorf, Germany and Shanghai, China, which are her main working places.

Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center, hereinafter referred to as “SHIAC”) is an independent arbitration institution established in 1988 according to the approval of the Shanghai Municipal People's Government and the registration of the competent judicial authority. It provides independent, impartial, professional and efficient arbitration services to parties in resolving commercial disputes. After three decades of development, in addition to traditional commercial disputes, the cases received by SHIAC also have involved new types of cases such as private equity, internet finance, financial leasing, aviation services, energy and environmental rights and interests. The parties involved in the cases are all over China and more than 70 countries and regions in the world. The arbitration awards of SHIAC have been recognized and enforced in nearly 50 countries and regions in accordance with the New York Convention. SHIAC is also a dispute resolution institution selected by many domestic and foreign parties, including Fortune 500 companies.