AREAS OF PRACTICE

Company Law

Since the date of its establishment Begiashvili & Co. Limited has been actively advising its clients on all kind of company law issues. We provide legal services with respect to company formation, acquisition, reorganization and subsequent administration.

In particular, our service include, but are not limited to, pre-incorporation advise, preparation of all necessary legal documents, registration of limited liability companies, joint stock companies, joint-ventures, representative offices, branches and other business vehicles envisaged by the existing Georgian legislation, with district courts, tax authorities, department of statistics. We assist our clients in obtaining all necessary licenses and permits from relevant authorities, as well as, provide legal advice on and implement capital increase or decrease transactions and other changes and amendments made to the foundation documents.

Coupled with the high-profile Notary Public of the city of Tbilisi, Begiashvili & Co. Limited also provides its clients with a full range of notarization and legalization services.

Begiashvili & Co. Limited handles all aspects of national regulation of banking business. The firm advises all kinds of banking institutions on regulatory and contractual banking activities, financial and business transactions, and in case of necessity, represents them in relevant court proceedings.

We have a broad experience in serving local and foreign commercial banks, insurance companies, investment funds and corporate lenders, as well as borrowers, with respect to financial transactions. We actively participate in the drafting and negotiation of secured and unsecured loan agreements, letters of credit, project financing and manufacturer financing agreements, and offers of securities, warrants and partnership interests.

The company's practice also includes the preparation of Due Diligence Reports and implementation of mergers, acquisitions and dispositions of banking and financial institutions, as well as their holding companies, for superior performance in all kinds of capital market transactions.

Begiashvili & Co. Limited's insurance practice encompasses all aspects of insurance law in the global community, providing solutions and options to its clients that meet the ever-changing needs of the industry.

We offer insured, brokers, agents, insurers and re-insurers legal advice with regard to formation of insurance companies, their mergers and acquisitions, capital raising and investment strategy, drafting insurance and general agency agreements, handling liabilities of insolvent insurers, insurance policy interpretation, design and drafting, as well as on changes of the regulatory framework in Georgia.

Our feasible approach to insurance issues is supported by substantial expertise in claims handling, cost recovery and indemnity. In case of necessity, our lawyers represent clients of Begiashvili & Co. Limited in courts of every level and alternative dispute resolution proceedings related to all kind of insurance-based matters.

Begiashvili & Co. Limited provides its local and international clients with a broad spectrum of legal services related to shares, bonds, debentures and other securities.

We provide legal advice on origination, modification and termination of ownership rights on securities, as well as on taxation aspects of securities transactions, terms and conditions of investment with securities and rights and obligations of clients under the applicable laws of Georgia.

Our practice in this field also includes advice on initial public offering, preparation and submission of emission prospects, disclosures, obtaining licenses, listing and de-listing of securities on stock market and their private placement.

Begiashvili & Co. Limited has acted as legal counsel to numerous Non Governmental Organisations and Not-For-Profit Corporations in Georgia, providing advice with regard to issues from their foundation to their subsequent day-to-day operation and management.

We provide assistance in drafting of contracts for receiving grants and financing, advise clients on existing regulatory framework, as well as, represent them in proceedings for obtaining tax and other respective exemptions before all state authorities and agencies.

Since the collapse of Soviet Union all state-owned business vehicles were subject to privatization during the last decade. Hence, Begiashvili & Co. Limited, as one of the leading law offices, has actively participated in the implementation of privatization program in Georgia.

We have provided legal advice to numerous foreign and local investors, as well as governmental entities in connection with all aspects of privatization process, organization of bidding consortia, implementation of tenders and preparation of all necessary legal documents (business plans, analyses, bidders documentation, etc.). We have a significant experience of holding negotiations between the parties of the transaction, preparing due diligence reports, as well as, participation in execution of necessary proceedings set forth by the relevant state authorities of Georgia.

The firm has also involved in the privatization law review for Caucasus region, in particular Georgia, Armenia and Azerbaijan, and drafting of legislation on Personal (Voucher) Investment Funds in Georgia.

Begiashvili & Co. Limited's litigation practice handles a wide range of problems associated with dispute resolution confronting business entities, individuals and organizations. These expand from routine day-to-day disputes to most complex and sophisticated court proceedings, where the firm maintains a constant focus on the balance of seeking to obtain clients objectives in litigation, while minimizing the costs and expenses of achieving those goals.

Our highly qualified lawyers have an experience of acting as attorneys in District Courts, Appellate Courts and Supreme Court of Georgia in almost every field of civil litigation, from regular commercial transactions and personal injury claims to the most complex corporate litigations. In case of necessity, the firm also retains high profile criminal lawyers, representing the clients of Begiashvili & Co. Limited before the courts of any level in Georgia.

The firm has also represented clients in various arbitration proceedings and the members of Begiashvili & Co. Limited have served as arbitrators in several cases under International Chamber of Commerce. In addition, our lawyers have an experience of enforcing foreign judgments and arbitration awards in Georgia.

Begiashvili & Co. Limited is a recognized leader in the area of insolvency and restructuring. It offers clients a sophisticated practice, representing them nationwide in large, complex bankruptcies and judicial reorganizations, as well as providing respective legal advise on debt negotiations and creditor's rights.

Our firm has an experience in both contentious and non-contentious proceedings in these fields. It has participated in number of liquidation cases and has provided significant assistance to foreign liquidators in administrating assets located on the territory of Georgia.

Begiashvili & Co. Limited has acted as legal counsel on substantial number of cases involving mergers and acquisitions during last five years in Georgia. The gained experience and expertise makes us one of the leading consultants in the field, handling the most complex and sophisticated transactions related to acquisition and sale of businesses involving foreign and domestic clients.

The lawyers of the firm are high-profiled experts on all aspects of the transaction from preliminary discussions to post-closing issues, including, but nor limited to transaction structuring, negotiations and drafting of stock purchase agreements, shareholder agreements, joint venture agreements, memorandum of understanding between the parties, due diligence reports and other respective legal documents.

Along with this, Begiashvili & Co. Limited has been often retained to act as a counsel on various aspects of applicable Georgian legislation related to day-to-day operations of the business entities created as a result of implemented mergers and acquisitions on the territory of Georgia.

Begiashvili & Co. Limited has a broad expertise on matters relating to employment law in Georgia. We regularly assist our clients in drafting of individual or collective employment contracts, employee benefit plans, compensation packages and other respective employment schemes.

The firm also provides ongoing advice to clients with respect to obtaining work permits, work-force restructuring and corporate down-sizing, as well as, to wrongful termination, occupational safety and health, employee discipline and employment policies.

Furthermore, Begiashvili & Co. Limited operates its subsidiary - employment agency Georgian Employment Service Company, which provides its clients with any profile labour-force group supply services, while retaining all employer duties and responsibilities before its clients, tax authorities and other relevant state agencies.

Along with this, our attorneys litigate employment disputes of clients in courts of relevant jurisdiction and represent them before any and all state agencies.

Begiashvili & Co. Limited offers its clients full range of property related legal services. We have an extensive experience of holding negotiations and drafting contracts for lease, rent, real estate acquisition and development, project financing and other various aspects of property law.

We regularly represent our clients, comprising of major international and local developers, companies, private persons and investors before the Department for Land Management of Georgia and other municipal and state authorities, as well as, provide assistance in obtaining relevant licenses and permits.

Along with that, Begiashvili & Co. Limited operates its own Real Estate Agency staffed by high-profile real estate brokers, who are keeping huge database of commercial, as well as residential property and are ready to facilitate our clients real estate related businesses.

Begiashvili & Co. Limited has a significant experience in drafting international contracts that meet the requirements of client's corporate goals and policies, as well as, the particulars of the applicable Georgian legislation. Successful balancing of these two decisive factors and substantial expertise in the field causes an exceptional reputation for our legal services.

We provide high quality legal advice on sensible application of laws and regulations and their impact on the conduct of business in Georgia. We draft contracts for various local and cross-frontier transactions, including but not limited to sale and purchase of goods, transportation, commercial agency and distribution, brokerage, franchise, transfer of technology, insurance, pledge, lease, rent, sponsorship, financing, service rendering and etc.

The firm's tax practice covers all major aspects of tax consulting, structuring financial transactions for individual and corporate clients, and project planning to take advantage of local tax exemptions and reductions. We also provide clients, both individuals and corporations, with tax advice concerning the most advantageous ways to structure their investments and business operations in Georgia.

Much of the firm's tax advice is provided in the cross-border context. Specifically, Begiashvili & Co. Limited represents foreign and domestic clients in connection with the acquisition and disposition of businesses located in Georgia and abroad. In this regard, the firm has provided full range of legal services including structuring business deals, negotiating and drafting contract terms, and advising clients of the tax legislative and regulatory climate that may affect their transactions.

Lawyers specialized in the taxation issues have extensive experience in handling tax controversies with the Georgian tax authorities. The firm's attorneys appeal to national tax authorities on behalf of clients adversely affected by incorrect tax assessments, and in case of necessity represent them at the national courts to protect their rights.

The mission of the customs practice at Begiashvili & Co. Limited is quite straightforward: to assist our clients in resolving the most complicated customs and trade issues, as well as to ensure that our clients import their goods in Georgia as expeditious a manner as possible, while paying the minimal duty permitted by law. In order to accomplish this goal, we continuously monitor the latest rulings, regulations, judicial decisions and policies of government agencies, as well as number of international agreements and conventions that regulate the importation of merchandise to Georgia.

Besides, the lawyers of Begiashvili & Co. assist the clients with number of customs related issues, e.g. establishment and licensing of customs warehouses, placement of the goods under various customs regimes, contracting the clients with customs brokers and customs carriers, etc.

Constant development of the energy industry in Caspian region and Georgia during last decade has transformed our energy related work into one of our largest legal practices. Our clients include significant international and local companies, either private or state-owned, engaged in all stages of oil and gas exploration, extraction, development, refinery and distribution, as well as, supply of equipment and provision of respective services in the energy sector.

Begiashvili & Co. Limited has an extensive experience in assisting clients in their participation in tenders, holding negotiations between the parties, drafting of production sharing, investment and joint operating agreements, as well as representing clients before municipal and all other state authorities in connection with relevant contracts or licenses and permits.

We have acted as legal counsels for respective governmental authorities, regulatory agencies, private companies and international organizations with regard to the legal issues pertaining to generation, transmission, dispatching and distribution of electric power on the territory of Georgia.

Furthermore, our knowledge of the industry and its participants, caused our firm to be retained for participation in drafting the existing oil and gas legislation and to provide legal advise with regard to other applicable by-laws.

The gradual liberalization of telecommunication monopoly in Georgia in the past decade caused the rapid evolution of telecom and technology arena. New regulatory framework together with recent technological developments and the further opening of Georgian markets to new players requires us to be fully aware of the industry needs and adequate legal structure applicable to the constantly evolving market.

Begiashvili & Co. Limited advises its clients on wide range of national communication transactions and regulation. The firms practice includes legal advice on issues related to telecommunication services, fiber-optic telecommunication networking, transmission of audio and image data, television and radio broadcasting and cable television systems.

Begiashvili & Co. Limited offers its clients legal expertise necessary to provide them with efficient, prompt and cost effective services with regard to intellectual property matters.

Coupled with the licensed Patent Attorneys, our lawyers represent foreign and domestic clients in all aspects of intellectual property rights and related licensing and litigation.

Services provided in this area by Begiashvili & Co. Limited include the filing, protection, prosecution, transfer, renewal and maintenance of trademarks, trade secrets, patents, copyrights, utility models, industrial designs and technology, as well as providing legal opinions with regard to their availability and utilization.

The creation of capital markets and accelerated economic growth in Georgia over last decade has motivated a significant growth of the construction industry. Begiashvili & Co. Limited has played an active role in supporting the industry and has established a team, which provides an expert legal advice on all aspects of construction law.

We are actively involved in the process of obtaining construction and planning licenses and permits, allocation of associated risk and subsequent negotiations with financial, municipal and local state authorities required to make the projects work. Our practice also includes drafting of contracts, which determine the rules for and the responsibilities of all players - owners, lenders, project developers, contractors and sub-contractors - as well as providing legal assistance to find most practical solutions for legal issues arising during and after the construction period.

As for the construction claims, Begiashvili & Co. Limited has lawyers with extensive experience on all aspects of Georgian court procedures, advocacy and general arbitration proceedings regulated by international and local rules and alternative dispute resolution techniques.