Business law, company law
As part of the solution of this agenda, we provide our clients with the following legal services:
- establishment, administration and dissolution of all types of companies and cooperatives
- proceedings involving the Commercial Register
- increase and decrease of registered capital, capitalization of receivables
- changes in legal form, transfer of assets to a single shareholder
- convening general meetings and other decisions of the company’s bodies
- preparation of agreements between shareholders (partners), the company and members of its bodies
- representation of shareholders (partners)
- relations within the group (holding)
- handling the contractual agenda (purchasing, contracts for work, licensing, etc.)
- proceedings conducted by the Trade Licensing Office
- securities management
We also provide comprehensive advice in connection with tax optimisation at the Czech and international level in cooperation with leading tax law experts.
Mergers and acquisitions
Within this specialisation, we have extensive experience with legal advice in the transfer of shares or business interests, both in the sale and acquisition, as well as in the transfer of the company (its part) or lease of the company (its part).
The legal services provided by our law firm in this context usually include:
- legal due diligence
- mediation of accounting and tax audit
- addressing regulatory issues
- negotiations (especially contractual and related documentation)
- audit and modification of labour relations (transfer of employees, collective agreements)
- securing administrative approvals, permits and licenses
- setting up joint ventures
- squeeze out and protection of minority shareholders
- post-acquisition restructuring
The expert team at Becker a Poliakoff, s.r.o., comprised of experienced lawyers and other specialists in the fields of economics, accounting and tax law, cooperates on the process of mergers and acquisitions. In this way, we are able to provide truly comprehensive M&A services.Přidat blok
With knowledge of the decision-making practice and procedure of the Office for the Protection of Competition and administrative courts, we provide:
- legal advice to all market participants in relation to anti-competitive agreements, abuse of a dominant position and mergers involving competitors
- consultation on controversial issues of market behaviour and business policy (client or its competitors),
- representation and provision of legal advice in proceedings conducted by the Office for the Protection of Competition
- assistance with the preparation of documents for proceedings conducted by the Office for the Protection of Competition, drafting of complaints and proposals for initiating administrative proceedings, drafting of appeals
- representation and provision of legal advice in competition matters involving the administrative judiciary – review of decisions of the Office for the Protection of Competition, protection against inaction and protection against unlawful interference by the Office for the Protection of Competition
- drafting of administrative actions, cassation complaints, motions to recognise the suspensory effect of a lawsuit / cassation complaint, etc.
- representation in litigation for damages caused by violation of competition rules
Based on our extensive experience and know-how, including consulting in the field of renewable energy sources (especially solar and wind power plants, biogas plants and co-generation units), in the field of mining and processing of mineral resources and in the field of proceedings involving the Energy Regulatory Office, we provide:
- legal advice in the field of energy regulation, acquisition or construction of energy sources
- comprehensive legal services that take into account the specifics of business in the energy sector
- consultations concerning the optimisation of the tax and property structure of entities doing business in the energy sector
Personal data protection
In the area of personal data protection, we provide all documentation for clients, including negotiations with the Office for Personal Data Protection. This is an agenda related to the collection of personal data for marketing purposes or in connection with the protection of property (camera systems), and the overlap of personal data protection law into other sectors (labour law or personal protection law).
In the area of consumer law, we primarily focus on:
- legal advice to clients whose final customers are consumers
- drafting general terms and conditions
- drafting of distance and form contracts
- advice in the field of complaints, including the preparation of complaint we assist in the specific regulation of liability for damages in the field of consumer law
Under European Union law, we have thorough knowledge of EU internal market legislation, including the decision-making practice of EU judicial institutions, which allows our clients to develop their business activities throughout the EU. We work closely with the consulting company BXL Consulting s.r.o. operating in Brussels, which allows us to directly address institutions at both EU and Member State level. We provide legal support in a wide range of areas within the extensive issues of EU law, especially in the following areas:
- environmental law
- public aid
- operation of lotteries and betting
- consumer protection
- recognition and enforcement of decisions within the EU
- European private international law
Real estate law and construction law
We are largely engaged in providing legal services in the field of construction law and real estate law. In the field of construction law we provide:
- services consisting mainly in negotiations with administrative bodies (building authorities, cadastral offices, etc.)
- preparation of proposals concerning proceedings before these authorities (zoning, building regulations, deposit proceedings and registration in the real estate cadastre)
- representation in specific areas of real estate law, such as hunting law or nature and landscape protection law (establishment of a reserve, hunting law, protected areas, etc.)
- representation in legal matters related to roads
In addition to construction law, we are ready to provide legal advice on all matters related to real estate, such as:
- rental and leasing of real estate
- property rights
- co-ownership relations, including relations of the association of owners of housing units (e.g. construction contracts, owner’s declaration)
We also prepare contracts of purchase, lease, pledge, and contracts on the establishment of easements or similar rights, including ensuring their approval by the relevant administrative authority.
We provide comprehensive legal advice in labour law and related areas (such as employment, collective bargaining, human resources, trade union issues, social security and employment-related insurance). We provide legal assistance to employers in selecting an optimised solution for the employment of persons and all related labour law issues, as well as to employees in resolving various life employment law situations. Our legal practice in this area also includes representation in negotiations with trade unions or defending clients’ interests before various authorities. An individual, professional and discreet approach is a matter of course. Part of our legal services in this area is the preparation of all labour law documents, representation of parties in labour law litigation, as well as representing the client in negotiations with the other party.
Gambling and gaming law
In the area of gambling and gaming law, we help clients orient themselves in the current legislation and its interpretation by administrative authorities. Our services in this field of law include in particular:
- establishment of gambling and gaming companies
- obtaining the necessary permits for the operation of these games and their renewal
- elaboration of legal analyses and opinions on the issue of gambling and gaming
- preparation of rules for marketing competitions and events
- comprehensive advice on gambling and gaming operations, especially casinos
- we are processing the impacts of the forthcoming legislative changes to the Gambling Act on business in this area
- advice on the obligations of gambling and gaming operators in the field of anti-money laundering measures (AML measures)
Disputes (judicial and arbitration proceedings, debt collection)
We provide comprehensive legal services related to both domestic disputes and international arbitrations, including issues of administrative justice and tax proceedings. We are ready to represent the client and provide them with complete professional support during all stages of the proceedings: from the initial analysis of the client’s situation and the planning of a suitable procedural strategy, to proceedings before courts of appeal or appellate courts. Our practice in this area also includes representing clients in proceedings before various administrative authorities or regulatory bodies in the fields of competition, intellectual property, and the like.
Administrative proceedings and the judiciary
Based on knowledge of decision-making practice and procedure of administrative bodies and administrative courts, we provide legal advice in relation to all activities of administrative bodies, and we also:
- draw up suggestions and motions to initiate proceedings, remedies, procedural motions, etc.
- act as counsel and provide legal advice in administrative proceedings
- act as counsel and provide legal advice in administrative justice – review of administrative decisions, protection against inaction and protection against illegal intervention by an administrative body
- draft administrative lawsuits, cassation complaints, motions to recognise the suspensory effect of a lawsuit / cassation complaint, etc.
- act as counsel in legal disputes for damages caused by an illegal decision or incorrect official procedure
Telecommunications, media and intellectual property law
We provide comprehensive services to ensure the protection of our clients’ intellectual property. Legal services include:
- copyright law
- domain names and industrial designs, also in relation to clients’ marketing activities
As part of our clients’ marketing activities, we also provide consultations regarding the management of personal data, databases and their protection.
Services provided in this area include:
- keeping complete documentation associated with the registration and renewal of registration in the relevant register
- consultation in concluding license agreements, their control and drafting
- management of disputes in case of interference with intellectual property rights, especially by unfair competition practices, counterfeits, look-alikes and parallel imports
We have many years of experience, especially in the field of copyright and trademark law. Our lawyers have been involved in the creation of licensing agreements in various branches of intellectual property law (including software, works of art and literature, trademarks) and litigation, from conciliation consultations, through the preparation of proposals and submissions, to representation in administrative and judicial proceedings, in the following cases among others:
- preparation of license agreements to provide software to end users for ROBERT BOSCH odbytová s.r.o.
- preparation of an agreement on the preparation of copyrighted work and providing a license for its use for ČESKÁ OLYMPIJSKÁ, a.s.
- representation of R-PRESSE, spol. s.r.o., legal consultation and preparation of contracts in the field of copyright, especially with the authors of contributions, articles and licensing agreements
- representation of SHOLZ and FRIENDS Praha s.r.o. in the field of copyright when concluding contracts for the use of a copyright work and the inclusion of a copyright work in an audio-visual work
- representation of Mr. Karel Schwarzenberg in, among other things, trademark and copyright matters, including national and international registrations, management of litigation, license agreements, and enforcement of legitimate claims
- representation of STANFORD a.s. in trademark and copyright matters, including litigation management and consultation of license agreements
- representation of Toyota Peugeot Citroën Automobile Czech, s.r.o. when concluding license agreements for a computer program including copyright and trade secrets, legal consultations regarding .eu domain registration and .cz domain litigation
- legal consultation for Wrigley, s.r.o. in the field of copyright, especially the drafting of agreements on the creation and use of copyrighted work
- consultation of the agreement on system support and service for the Ministry of Foreign Affairs of the Czech Republic
- representation of Škola jachtingu s.r.o. and Monarch vinný sklep s.r.o. when filing a trademark application
- management of the agenda for ART PRODUCTION K./2, spol. s r.o. associated with registration, proof of distinctive character, renewal and transfers of trademarks
- management of the agenda for Max Fashion, a.s. associated with trademark registration and transfer
- representation of ROBERT BOSCH odbytová s.r.o. when transferring a domain name and drafting a domain name transfer agreement
- representation of AGRA GROUP a.s. when concluding a contract for the provision of know-how related to a technological process in food processing
- providing an opinion on the position of T-Mobile Česká republika, a.s. in a dispute with Český Telecom, a.s. concerning the right to pay a telecommunications network connection fee
- representation of INGLEGREVE TRADING Ltd. in the matter of providing know-how in the field of the real estate market with a focus on the implementation of special real estate projects in tourist-attractive border areas
- representation of CENTROPEN a.s. in the matter of a breach of exclusive license by the provider
Becker and Poliakoff, s.r.o. law firm lawyers represent or have in the past represented the following entities in trademark matters relating to the registration and proof of the distinctive character of trademarks, well-known trademarks, transfers, licensing agreements and litigation:
- FILM SERVIS FESTIVAL KARLOVY VARY, a.s.
- OMV Česká republika s.r.o.
- Realitní společnost České spořitelny, a.s.
- Coca-Cola Česká Republika s.r.o.
- Tchibo Praha, spol. s r.o.
- Ferrero Česká s.r.o.
- Bacardi – Martini Czech s.r.o.
- Volvo Auto Czech, s.r.o.
- Sigma Group a.s.
Public procurement and tenders
In the field of public procurement and tenders, we focus on legal advice to public and private entities, whether they are in the position of the (public) contracting authority for a contract or in the position of the tenderer. We provide legal services both in the area of public procurement (public contracts and concessions) and in the area of awarding contracts by purely private entities (tenders). We represent clients in administrative and judicial proceedings that follow the awarding of contracts. As part of our services, we specialise in the following areas:
- preparation of legal opinions on the optimal procedure to be employed by a contracting authority in the field of public procurement and tenders
- setting up the contracting authority’s internal procedures (internal normative acts, methodologies), awarding public contracts or awarding concessions
- preparation of specimen documents within the tender (selection) procedure
- comprehensive implementation (“turnkey”) of the tender (concession) procedure according to the specific needs of the client
- preparation of legal risk analyses of the procedure employed by public and private contracting authorities
- providing legal advice on individual steps of public and private contracting authorities
- revision of the completeness and correctness of the tenders submitted by participants for (public) contract tenders
- representing clients in proceedings before the Office for the Protection of Competition or courts in matters of public procurement
- preparation of documentation for archiving according to the Public Procurement Act
- preparation and implementation of tenders outside the regime of the Public Procurement Act
- assessment of the procedure of the public and private contracting authority from the point of view of economy, economic and tax optimization
The aim of our legal advice is to eliminate the risks to contracting authorities and tenderers as much as possible in all stages of the procurement and selection procedure.