Pavel, Margarit & Associates Romanian Law Firm > Bucharest, Romania > Firm Profile
Pavel, Margarit & Associates Romanian Law Firm Offices
ARA BUSINESS CENTER, 6C PARINTELE GALERIU STREET
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Pavel, Margarit & Associates Romanian Law Firm > The Legal 500 RankingsPavel, Margarit & Associates Romanian Law Firm impresses with its ‘flexibility and quick access to staff and partners at all times‘. With over 16 years’ experience in the market, the ‘very helpful and accessible‘ managing partner Radu Pavel is the main contact. Areas of expertise include refinancings, distressed asset sales, pre-insolvency procedures and related litigations and debt recovery actions. The firm represents creditors and debtors, and has been particularly active in the manufacturing, natural resources, and real estate and construction sectors.
‘We value the practice for flexibility and quick access to staff and partners at all times.’
‘We find the senior partner Radu Pavel very helpful and accessible.’
‘Pavel, Margarit and Associates team of lawyers has great experience in real estate and construction practice and they are valued on the Romanian market for their promptness, great attention to detail and making the matter at hand genuinely understandable for the client.’
‘Radu Pavel, the managing partner, is a very attentive, timely and an experienced real estate lawyer.’
Pavel, Margarit & Associates Romanian Law Firm > Firm Profile
The firm: Pavel, Margarit and Associates Romanian Law Firm has over 17 years of experience and has been recognized on the market as a strong and respected firm that assists and advises both domestic and international clients, key players from different industries on complex mandates.
The law firm is characterized by international reach and the multidisciplinary approach that our team takes on all projects. Almost all of our projects are cross-border, working with Magic Circle firms and other leading firms from all over the world.
We assembled a team of highly skilled attorneys with extensive experience, eager to dedicate their time and best efforts, to provide high-end legal services, having the knowledge and ability to approach every transaction from start to closing, working side by side with our clients, to make sure that their objectives are fully achieved.
We reach to our clients by offering our legal know-how, competency and reliability throughout the process of adopting and implementing the most effective solutions and sophisticated strategies, with the sole purpose of protecting their interests. Furthermore, we believe that each customer should receive tailored services, in a timely manner.
Areas of practice:
Pavel, Margarit and Associates Romanian Law Firm provides legal services in the following practice areas: Corporate, Commercial and M&A, Banking, Finance and Capital Markets, Energy and Natural Resources, Real Estate and Construction, Dispute Resolution, Insolvency, Restructuring and Bankruptcy, Intellectual Property, Employment and Labour Law and Criminal Law & White Collar Crime, to mention the most important.
We advice on project finance, acquisition, business transfers, cross-border transactions, data protection, communications and IT, environmental law, regulatory legal services, to name a few.
|Corporate, Commercial and M&A||PhDc Radu Catalin Pavel|
|Corporate, Commercial and M&A||Claudia Pavel|
|Restructuring & Insolvency||PhDc Radu Catalin Pavel|
|Real Estate & Construction||PhDc Radu Catalin Pavel|
|Banking, Finance and Capital Markets||PhDc Radu Catalin Pavel|
|Banking, Finance and Capital Markets||Claudia Pavel|
|Energy||PhDc Radu Catalin Pavel|
|Dispute Resolution||PhDc Radu Catalin Pavel|
|Dispute Resolution||Claudia Pavel|
|Administrative and Public Law||PhDc Radu Catalin Pavel|
|Telecoms, IT, Media and Technology||PhDc Radu Catalin Pavel|
|Criminal Law and White-Collar Crime||PHD Nicolae Margarit|
|Intellectual property||PhDc Radu Catalin Pavel|
|PhD Nicolae Margarit||Prof. Dr. Nicolae Margarit attorney at law has a vast experience in…||View Profile|
|Radu Pavel||Radu Catalin Pavel is the Managing Partner and Founder of Pavel, Margarit…||View Profile|
|Claudia Pavel||Claudia Pavel is a business oriented professional, with studies in Law and…||View Profile|
|PhDc Radu Catalin Pavel||Within more than 13 years of sophisticated and diversified business practice, Radu…||View Profile|
Staff FiguresNumber of lawyers : 15+
LanguagesEnglish French Italian Spanish
MembershipsAsociación Europea de Abogados (AEA International Lawyer Network) Bucharest Bar
OtherManaging Partner : PhDc Radu Catalin Pavel, firstname.lastname@example.org Executive Director : Claudia Pavel, email@example.com
We know that diversity can be reached in a working environment of inclusion, understanding, respect and opportunity where everyone can reach their potential.
We recruit and retain the best people and we aim to develop them to perform to the highest level.
By valuing differences among people and utilizing the best talents of everyone, we maximize the productivity, creativity, contribution and commitment of our team.
Our commitment is to provide our clients with the highest quality legal service in the most cost effective and efficient manner possible. We appreciate the differences among our people and the benefit from diversity of their background and experiences.
We commit ourselves to the highest principles of honesty, fairness and truth.
We commit ourselves to the long-term viability of our firm. We value our culture and strive to preserve it.
The firm is committed to ensure equal opportunity to all its staff. Thru its history, the firm promoted diversity by hiring and retention of women as lawyers and staff.
The firm diversity vision is to develop professional opportunities and to foster an environment in which minorities and women may perform proudly and give the firms clients the benefits of a law firm balanced fully in terms of race, ethnicity and gender.
Our success in retention has resulted from the appraisals of performance and realistic evaluations regarding the potential for promotion.
The firm is providing coaching and mentoring to associate lawyers.
The firm values diversity because it encourages the innovative thinking that results from a broad range of perspectives.
We believe in supporting pro bono cases that have a meaningful impact and we undertake pro bono matters with the same innovative solutions and high-end legal advice to the best of our knowledge that we deliver in all our work.
As part of our law firm commitment in CSR, sponsorships and pro bono, we are sustaining scientific associations to achieve their goals, we are sustaining scientific magazines and we provide learning materials for members.
1. Assisted one of the biggest foreign investors in Romanian mining industry, a leading UK AIM listed company, Vast Resources Plc, in a cross-border transaction spanning three jurisdictions, regarding a Prepayment Agreement with a value up to USD 9.5 million with one of the largest integrated energy and commodity trading companies in the world. Our services included: drafting the sale-purchase agreements for ore concentrate, drafting legal opinions, regulatory matters in environmental, water management, exploitation licence and exploration program, including fulfilling all the precedent and subsequent conditions of the transaction. Negotiation, registration and perfection of the security documents in connection with the transaction documentation.
2. Assisted a leading UK Ltd company, with operations in mineral resources and gold exploration, in a cross-border acquisition of a Romanian gold exploration company. Legal services: drafting the SPA, fulfilment of the Condition Precedent, due diligence on mining matters, transaction structuring, natural resources regulatory matters, compliance matters, corporate and mining legislation, contracts, security documents.
3. Assisted one of the biggest foreign investors in Romanian mining industry, a leading UK AIM listed company focused in Zimbabwe, Zambia and other jurisdictions, in the two phase cross-border acquisition of a leading Romanian mining company. Our services included: drafting the transaction documents, security documents, advising on due diligence mining matters, transaction structuring and natural resources regulatory and compliance matters.
4. Assisted the main shareholders of a top hypermarket in Romania in a transaction of acquisition of shares from a minority shareholder. The advice included the analysis of the sale assets, the preparation and negotiation of the sale – purchase agreement, corporate approvals and debt assignments.
5. Advised in day-to-day legal operations a major real estate developer in Romania, in the development of a five stars resort, in value over EUR 100 million. Legal advice: legal opinions on real estate legal issues, asset evaluation, due diligence, regulatory matters, drafting and negotiation of promissory sale and sale purchase agreements, transaction and security documents, real estate litigation matters.
6. Advised a multi-commodity resource exploration and development company in Romania, in a multi-million Euros merger through absorption project with a former state owned mining company. Our services included: advising on mining due diligence matters, transaction structuring and regulatory matters, advice on regulatory framework in mining and regarding the compliance matters.
7. Advised a leading Italian energy player in the acquisition of a photovoltaic Project in Romania. Our services included: drafting the SPA, regulatory issues, concession, electricity agreements, licensing, assisting with procedural steps and liaising with the relevant authorities in the energy field, advising on regulatory framework in energy and compliance matters.
8. Advised a major Romanian iron and steel manufacturer in a successful reorganization process during the entire insolvency procedure until the reintegration into the Romanian economic circuit. The company held assets amounting over EUR 2.8 million. Our services included: reorganization process strategy, reorganization plan documentation, Director’s liabilities, large loans reschedule, preliminary table of receivables appeals, Reorganization Plan drafting and implementation. The firm successfully secured for the Client a large haircut of the unsecured claims, which was essential for company’s restructuration.
Pavel, Margarit and Associates Romanian Law Firm successfully represented a Romanian company operating in the energy industry in order to reject an application for the opening of insolvency procedure filed in bad faith by a business partner9th May 2022 Pavel, Margarit and Associates Romanian Law Firm assisted a major company in the energy industry, part of a well-known group with a high reputation on the international market, in an insolvency case following an abusive request of a business partner for opening the insolvency procedure. This request was, in fact, a way of forcing the company to pay a debt. In such cases, Pavel, Margarit and Associates Romanian Law Firm recommends to discuss with a lawyer specialized in insolvency, reorganization and bankruptcy law in order to legally reject the bad faith claim in Romania.Pavel, Margarit and Associates services included legal assistance and representation in front of the Court, drafting defences against the request of the creditor, drafting written arguments and other procedural documents for supporting client position, reviewing and submitting evidence for counter-arguing the insolvency arguments of the other party, reviewing and invoking case law for supporting client position.Pavel, Margarit and Associates successfully won the case in front of the first court. We exposed to the court that the company is not insolvent.Pavel, Margarit and Associates succeeded to prevent the opening of insolvency proceedings used by the creditor as a constraint to pay a claimed debt in Romania.Pavel, Margarit and Associates Romanian Law Firm represented creditors and debtors, clients from Romania and from abroad, having lawyers specialized in the field of insolvency proceedings in Romania and offering legal assistance and representation in successful projects in Romania.“We are happy to be ranked on the 3rd place in Romania in the Insolvency and Restructuring area of practice by the International Legal Guide Legal 500 from London, UK. This is the recognition of our team of lawyer’s expertise in the insolvency, reorganization and bankruptcy in Romania.” said Radu Pavel, The Managing Partner of Pavel, Margarit and Associates Romanian Law Firm.In order to carry out the insolvency procedure, and especially to reject an application for opening the insolvency proceedings filled in bad faith, Pavel, Margarit and Associates Romanian Law Firm recommend addressing this legal issue to a lawyer specialized in insolvency proceedings in Romania in order to assist the creditors or debtors in front of the Romanian Insolvency Court.Pavel, Margarit & Associates Romanian Law Firm is one of the top law firms in Romania, offering top legal advice. The Romanian law firm’s clients are foreign and top local companies and high worth individuals. In 2022, the success stories of the Romanian Law Firm have brought recognition from the most prestigious international guides and publications. The firm was ranked third place in Romania by the Legal 500 publication. The Romanian law firm is also recognized by IFLR 1000 Financial and Corporate Guide 2022. Pavel, Margarit & Associates Romanian Law Firm is also the only law firm in Romania recommended by the Global Law Experts Director in London in the Dispute Resolution area of Practice. All the relevant information regarding Pavel, Margarit & Associates Romanian Law Firm can be found on the website www.avocatpavel.ro
Pavel Mărgărit and Associates Romanian Law Firm advised the shareholder of a major Romanian green energy company, negotiating and resolving various disputes between the company’s shareholders on commercial and civil matters.8th April 2022 Keywords: The Romanian law firm Pavel Mărgărit and Associates, lawyer specialized in corporate, commercial, mergers and acquisitions law, disputes between shareholders, misunderstandings of the shareholder of an LLC, exclusion of shareholder, dissolution of the company, negotiations between shareholders.
Legal Developments6th May 2022 The procedure of the exclusion of a shareholder from a company, in case of a shareholders litigation in Romania, is regulated by Romanian Company Law no. 31/1990. The situations of disputes between shareholders of a company in Romania are various and different, reaching the point where some of the shareholders want to exclude a shareholder in Romania, leading to the exclusion of the director/administrator being ashareholder who inefficiently administrate the Romanian company’s activity.
26th April 2022 Any person who faces an illegally initiated enforcement or foreclosure in Romania can challenge it by filing an enforcement appeal within the time limit provided by Romanian law. The Romanian Law Firm Pavel, Mărgărit and Associates recommends hiring a lawyer specialized in commercial and enforcement law and litigation who will be able to analyze whether the statute of limitation of enforcement or the expiration of enforcement are applicable, whether the summons was issued illegally or not at all, the nature of the claim to be certain, fixed and due.
26th April 2022 Romanian Law provides to each creditor alternative solutions in order to recover a claim/debt from the Romanian debtor, whether it is a Romanian Court action, such as a legal claim, payment ordinance, small claims, or other preliminary proceedings in debt recovery in Romania. A specialized lawyer in dispute resolution, litigation, debt recovery and enforcement proceedings in Romania can advise on the steps to be carried out in such debt recovery cases and can assist and represent the creditor before the Romanian competent court or before any natural or legal person in Romania to recover the debt. Pavel Margarit and Associates Romanian Law Firm advises to discuss with a specialized lawyer in order to recover your debt in Romania.
5th April 2022 In the current context of significant development of the information technology (IT) in Romania, it can be noticed an increase of the number of specific consultancy and service agreements that have been concluded between professionals operating in this area, such as software development and maintenance agreements, service agreements in the IT area, IT outsourcing agreements or software as a service (SaaS) agreement. Thus, we will briefly present you the main contractual provisions that need to be observed by the contracting parties. A specialized lawyer in information technology, media and telecommunications, commercial law and M&A in Romania will be able to advise you on drafting and/or reviewing such agreements.
How can a request for opening the insolvency proceeding in Romania be rejected when it is made by the creditor to force the debtor to pay the debt?30th March 2022 The procedure for opening the insolvency proceedings against a debtor is regulated by the provisions of the Romanian Insolvency Law no. 85/2014. There are many situations when a creditor has made such a request in bad faith only to force his debtor to pay him a debt that is not recognized. However, it should be considered that the purpose of insolvency proceedings against a legal person is to save the debtor from bankruptcy, respectively to help him to recover his business and not to pay an undue debt. A Romanian insolvent company cannot be considered a less viable company, its activity being able to be recovered due to the cooperation of all the creditors, the insolvency procedure having a collective feature. In this article you will find the conditions that a Romanian company must meet in order to be established its insolvency status, as well as the defenses that can be brought against a creditor who submits in bad faith a request for opening the insolvency proceeding. A Romanian lawyer specialized in insolvency, reorganization and bankruptcy law can give you the best advice to defend yourself against a request for opening the insolvency proceeding in Romania filed by a creditor in bad faith.
23rd March 2022 On January 17, 2022, Romanian Law no. 22/2022 entered into force for amending and supplementing the Emergency Ordinance no. 194/2002 regarding the status of foreigners in Romania, a regulation that outlines the legal status of the concept of digital nomads in Romania. This regulation represents a considerable legal novelty given the changes of work conditions in the context of pandemic. Pavel, Mărgărit and Associates Romanian Law Firm recommends addressing to a specialized lawyer in labor, tax law, immigration and citizenship who can proceed with all the steps to obtain a long-stay visa, or to extend the right of residence in Romania, assisting the client in front of the competent authorities, and also helping the client in completing the necessary formalities in order to carry out the activity as a digital nomad in Romania.
11th March 2022 The IT industry in Romania has experienced an impressive development, especially in recent years, with more and more professionals working in this field. Anyone who wants to work in this field can be hired by an IT company, can conclude a collaboration agreement, or even start an IT business in Romania. The first step is to set up a company that can have as its object of activity either software development activities or customer-oriented software, or any other related IT activities. The Romanian Law Firm Pavel, Mărgărit and Associates recommends the legal advice of a a specialized lawyer in setting up IT companies and technology, media and telecommunications legal services (TMT) to take all the necessary steps in this regard.
23rd February 2022 Given the fact that the number of virtual currency transactions, as well as digital wallet holders in Romania is constantly growing, we believe that a presentation of the topics related to virtual currency transactions, the blockchain technology and the conclusion of smart contracts would be helpful. Pavel, Mărgărit and Associates recommend contacting a specialized lawyer in cryptocurrency for legal representation in transactions involving virtual currency, as well as legal representation when concluding, executing or terminating smart contracts.
15th February 2022 The selling or buying a company in Romania are strategies that are often applied in practice, being recognized for the multitude of benefits for the shareholders, both parties taking the advantages of it.
8th February 2022 Whenever you need a service to be provided as an independent activity, you can choose to conclude a collaboration contract/agreement despite of an individual employment agreement/contract in Romania, regarding the tax differences between those two. The law firm Pavel, Mărgărit and Associates recommends using a lawyer specialized in labor and tax law who can draft the contract/agreement/contractual clauses so that the risk of interpreting the collaboration relationship as an employment one to be avoided.
What are the conditions for engaging joint liability of the administrator/ director/ management bodies of a Romanian company?1st February 2022 One of the problems that the administrators/directors or the management bodies of a Romanian company may face is engaging joint liability for the outstanding payment obligations of the debtor company declared insolvent by tax inspection bodies which are part of National Authority of Fiscal Administration (ANAF).
27th January 2022 The termination of the ongoing contract/agreement at the date of the opening of the insolvency proceedings shall be of interest to each contracting party, whether creditor or debtor, professional bodies or not. Thus, according to the insolvency law, all ongoing contracts/agreements at the date of opening the insolvency proceedings are considered maintained, and all clauses for termination of contracts/agreements, forfeiture of the term benefit or declaration of early maturity due to the opening of the proceedings are null and void. However, there are exceptions that you can find in this article.
24th January 2022 Starting with April 30, 2021, the obligation to submit the Real Beneficiary Statement for the limited liability companies in Romania was reintroduced, and the term was extended until October 1, 2021.
30th June 2021 In the context of technological development and the appearance of various social networks that are expanding and monopolizing our lives, the criminal phenomena has also increased accordingly to the development and improvement of various methods that are materialized in computer crimes in Romania. Pavel, Margarit and Associates Romanian Law Firm recommends addressing to a lawyer which is specialized both in the criminal law for the purpose of submitting criminal claims, but also in the civil law in order to provide assistance and representation in disputes in Romania for obtaining reparation for the infringement of personal rights, such as the right to image.
24th June 2021 The procedure for deregistration of data from the central credit register is a novelty from the perspective that it may be forbidden to register in the Central Credit Register or in other negative databases of the debtor. A lawyer specializing in banking, finance and capital markets law is empowered to send a notice to the creditor in order to settle the obligations regarding the payment of real estate.
4th June 2021 Any person who faces a tax decision issued by an authority within the National Agency for Fiscal Administration (ANAF) has the right to challenge it, as provided in the tax legislation. Pavel, Margarit and Associates recommends a lawyer specialized in tax law and tax dispute and litigation may proceed to take all steps to file an appeal against tax decision in the event that a natural or legal person feels harmed by the issued a tax decision.