The firm has developed a strong expertise in the health sector by advising public and private hospitals, medical physicians groups, medical device manufacturers, etc. It is also regularly involved in industry, distribution, banking, finance, agri-food, etc.
Health
Bremens Avocats has developed a strong specialisation in the field of health, with doctors and health establishments, both general practitioners and specialists.
In particular, the firm has acquired
in-depth knowledge of the specificities of certain medical sectors, such as
medical imaging, ophthalmology, gastroenterology, nephrology and dialysis.
Bremens Avocats is also very active in the field of clinical pathology and
pharmacy. It also advises other health professionals.
It assists its clients in particular
in the context of the restructuring and adaptations that the constant evolution
of legislation, but also the evolution of health budgets, makes necessary.
Bremens Avocats assists health care institutions and other health care structures as well as doctors and other health care professionals in their relations with the administration and other public authorities (Regional Health Agencies, Health Insurance Funds, regulatory authorities, disciplinary jurisdictions, etc.).
Here are some of the typical assignments undertaken by Bremens Avocats :
- Establishment of a consortium of physician or clinical pathologist groups;
- External growth of physician or clinical pathologist groups (mergers, acquisitions, etc.);
- Establishment/renovation of relations between health establishments and doctors;
- Acquisition/disposal of health care companies and institutions – LBOs;
- Acquisition/disposal of private practices, laboratories, pharmacy businesses and companies operating such businesses;
- Establishment of public/private partnerships;
- Outsourcing of medical or pathological services in public or private health institutions;
Industry
Bremens Avocats assists industrial companies in the Rhône Alpes region and elsewhere from their creation and throughout their development.
Bremens Avocats notably assists industrial manufacturing companies in the field of automotive subcontracting, mechanics, plastics, boiler making, health and pharmaceuticals, chemicals, agri-food, textiles and clothing, environment, etc.
Bremens Avocats is involved in the following areas in particular :
- At the time of creation for the setting up of the appropriate legal structure and the drafting of contracts related to the activity (manufacturing contracts, distribution contracts, sales contracts, etc.)
- Throughout the development of the business (legal follow-up, capital operations, entry of investors, negotiation of various commercial and financial agreements)
- During difficulties that the company may encouter (negotiation with the various partners, particularly banks, assistance with prevention procedures, assistance with safeguard and receivership procedures)
- During the sale of the company (assistance and negotiation, drafting of protocols and other documents, tax advice, etc.)
Finance
Bremens Avocats advises several credit institutions, investment companies and other players in the world of finance and insurance (asset managers, insurance companies, mutual insurance companies, etc.)
Bremens Avocats is involved in the following areas in particular :
- When granting loans for the drafting of loans contracts and the taking of guarantees
- When investors enter the capital of industrial or service companies (capital increase, issue of preference shares, shareholders’ agreement, etc.)
- For the legal follow-up of credit institutions and investment companies
Real Estate - Construction
Bremens Avocats assists and advises :
1/ real estate professionals: property developers, real estate agents, property managers in their development projects :
- legal and tax studies,
- formation of dedicated companies (non-trading real estate company, general partnership, civil construction-sale company etc.),
- drafting and negotiation of partnership agreements and other special agreements,
- setting up operations,
- financing and fundraising,
- external growth operations,
- contract drafting and negotiation,
- drafting and negotiation of leases, etc…
2/ companies and their managers in their real estate projects :
- legal and tax studies,
- choice of the appropriate legal structure and tax regime,
- advice on putting together the financing package,
- putting the leases in place,
3/ individuals in their real estate investment projects
- legal and tax studies,
- creation of real estate companies,
- study of possible tax arrangements,
- preparation of tax returns,
Independent professionals
Since its creation, Bremens Avocats has been advising and assisting independent professionals at the various stages of their professional lives: establishment, association, merger, transfer and cessation of their activity. The expertise of Bremens Avocats is particularly recognised by independent professionals in the health sector but also by other professionals such as lawyers, notaires, surveyors and veterinarians.
- Business valuation studies ;
- Restructuring studies ;
- Creation of companies: joint venture, professional partnership, non-trading private company, independent practice, general partnership, etc ;
- Transfer of businesses, transfers or contributions of independent professional funds, transfers of shares or stocks ;
- Studies and implementation of contracts: association contracts, cooperation contracts, partnerships, etc ;
- Separation and demerger of companies ;
- Dissolution and liquidation.
Given the experience it has acquired, Bremens Avocats acts as the preferred partner of independent professionals, and in particular the health professions, in numerous events: conferences, seminars, professional meetings, etc.
Corporate law
Corporate law – Mergers and acquisitions – Capital transactions – Restructuring
Whatever your field of activity,
Bremens Avocats can offer you personalised and innovative services in all areas
of corporate law (capital transactions, fundraising, public offers, mergers and
acquisitions, private equity, restructuring).
Corporate law is historically the core business of Bremens Avocats. About fifteen of the firm’s lawyers are specialised in this field and practice this discipline daily.
In the sectors we focus on (health, industry, real estate, banking, finance), our expertise in corporate law is enriched by a business knowledge that allows us to offer solutions that are not only technically excellent but also perfectly adapted to our clients’ strategic expectations.
In order to carry out our external growth, restructuring and fundraising operations, we have developed working methodologies adapted to each sector and to the profile of the companies concerned, which enables us to combine legal security, engineering and speed of execution. Throughout the execution of the operations, we involve the other specialities required (employment law, tax law, health law, competition law, public law, etc.).
Tax litigation
Bremens Avocats advises and defends individual or corporate taxpayers in dispute with the tax authorities at all stages of the proceedings :
- Assistance with audits;
- Response to the proposal for adjustment;
- Referral to the competent commission;
- Prior claim;
- Proceedings before the administrative, civil and judicial courts;
- Transactions.
Tax returns and advice
Bremens Avocats prepares tax returns for corporates and individuals in the area of :
- Commercial taxes, VAT;
- Registration fees;
- Property income;
- Financial capital gains;
- IFI (real estate wealth tax);
- Dividends;
Declarations are established on the basis of information provided by the client after an interview.
Cabinet Bremens Avocats assists and advises its individual clients on tax matters in connection with all family or property projects.
It also assists and advises its corporate clients on business tax legislation: VAT, corporate tax, registration fees.
Advice and litigation in social security law
In the event of litigation, Bremens
Avocats assists its clients throughout the procedure (Social Security Court,
Social Division of the Court of First Instance, Court of Appeal, etc.).
Thus, Bremens Avocats participates in the definition of remuneration policies (contractual remuneration, collective remuneration, benefits in kind, professional expenses, etc.) with a view to optimising, from the point of view of social security contributions, not only the company’s wage bill but also the income of its staff.
The scope of intervention of Bremens Avocats in this area concerns the company’s social security contributions by validating current practices, following an audit, in lights of the various applicable texts or principles.
Bremens Avocats also assists its clients in the context of URSSAF audits or reassessments.
In the event of litigation, Bremens Avocats assists its clients throughout the proceedings (Social Security Court, Court of Appeal, etc.).
These disputes most often concern Social Security liability, the follow-up of compensation for an employee who has suffered an accident at work, the transport payment, etc.
Advice and litigation in labour law
Bremens Avocats assists companies in
all areas relating to the application of and compliance with labour law.
Bremens Avocats is therefore regularly involved in the following areas :
- Assistance with audits;
- Occupational accidents and diseases: consequences – follow-up of procedures;
- Permanent contracts: drafting of special clauses – monitoring of contract amendment;
- Fixed-term contracts: cases of authorised recourse, renewal, early termination, etc.;
- Company directors: applicable social status – social protection ;
- Working hours; calculation of working hours, individual or collective arrangements, adaptation of collective standards, part-time work, etc. ;
- Redundancy: individual or collective and Employment Protection Plan (PSE);
- Collective bargaining: Company agreements, Collective performance agreement (CPA), Collective bargaining agreement (CBA) ;
- Health and safety: development of prevention policy – relations with the CHSCT or the CSE;
- Staff representation: setting up and monitoring the operation of institutions, including the CSE; analysing the regularity of trade union appointments, contesting if necessary ;
- Restructuring operations: audits, analysis of consequences – implementation
Bremens Avocats also assists its client companies in the follow-up of labour litigation (Conseil de Prud’hommes, Court of Appeal).
Throughout the procedure, it defines with them the strategy to be followed in view of the issues involved.
Corporate restructuring and reorganisation
Bremens Avocats assists companies in their legal restructuring and reorganisation. Bremens Avocats is involved in company mergers or the reorganisation of groups of companies.
The main operations carried out are:
- Changes in the corporate structure;
- Mergers, splits and universal transfer of assets ;
- Contributions of assets (contributions of company rights, contributions of branches of activity, etc.);
- Capital and equity transactions (capital increase – reduction, issue of complex securities, etc.);
- Negotiation and drafting of shareholders’ agreements;
Bremens Avocats can also intervene on a tax and social level upon request.
Transfer and merger of companies
Bremens Avocats assists and advises on the
transfer of commercial, industrial, craft and independent enterprises.
From a legal point of view, the main interventions of the firm are :
- Transfer of businesses;
- Management leases;
- Equity investments (sales of shares, acquisitions of control);
- Setting up a takeover holding company (LBO, FBO, OBO);
- Negotiation and drafting of asset and liability guarantee agreements;
The support of Bremens Avocats firm can also intervene at the tax and social level on express request.
Health law
Bremens Avocats has developed a strong specialisation in the field of health, with doctors and general or specialised health institutions. The firm has acquired a very thorough knowledge of certain medical sectors, such as medical imaging, ophthalmology, gastroenterology and dialysis. Bremens Avocats is also very active in the field of clinical pathology.
The main interventions of Bremens Avocats are :
- Development, negotiation, drafting of contracts :
- Cooperation agreements
- Clinical contracts
- Joint practice contracts
- Delegation agreements
- Public/private partnership contracts
- Contracts for independent collaborators
- …
- Setting up and legal monitoring of groupings :
- Health establishments, technical platforms
- Professional practice companies (professional practice, professional civil partnership) and other practice groups (joint ventures, joint practice contracts, etc.)
- Groupings of means (EIG, health care cooperation consortium, associations)
- Assistance and representation before professional bodies and health authorities (ARS, HAS, etc.)
Bremens Avocats is involved in the following areas in particular :
- Business valuation studies;
- Restructuring studies;
- Creation of companies: joint venture, professional partnership, non-trading private company, independent practice, general partnership, etc;
- Transfer of businesses, transfers or contributions of independent professional funds, transfers of shares or stocks;
- Studies and implementation of contracts: association contracts, cooperation contracts, partnerships, etc;
- Separation and demerger of companies;
- Dissolution and liquidation.
Given the experience it has acquired, Bremens Avocats acts as the preferred partner of independent professionals, and in particular the health professions, in numerous events: conferences, seminars, professional meetings, etc.
Real estate
Bremens Avocats assists its clients in the field of real estate, in particular for:
- The creation of dedicated companies: Société Civile Immobilière, Société Civile de Construction Vente, etc;
- Analysis, negotiation and drafting of specific contracts, business contribution contracts, mandates, etc;
Banking and financial law
Bremens Avocats advises several credit institutions, investment companies and other players in the world of finance and insurance (asset managers, insurance companies, mutual insurance companies, etc.)
Bremens Avocats is involved in the following areas in particular:
- When granting loans for the drafting of loan contracts and the taking of guarantees;
- When investors enter the capital of industrial or service companies (capital increase, issue of preference shares, fund raising, shareholder agreement, etc.);
- For the legal monitoring of credit institutions and investment companies;
- For the creation of dedicated subsidiary companies of banking institutions
National and international contracts
Bremens Avocats assists its clients in the analysis, negotiation and drafting of their contracts and leases.
Bremens Avocats also participates in the management of contractual pre-litigation in conjunction with the client’s law firm in charge of the case.
Bremens Avocats covers various sectors of activity and various types of contracts such as:
- Commercial sales and purchase contracts (general sales and purchase conditions, business contribution, commissions, brokerage, etc.);
- Contracts relating to business, crafts and independents:
- Sale of funds
- Injection of capital
- Lease management
- Distribution:
- Franchising
- Exclusive distribution
- Limited distribution
- Sales agents
- Healthcare & medical:
- Representatives
- Cooperation agreements
- Clinical contracts
- Join practice contracts
- Delegation agreements
- Public/private partnership contracts
- Public service contracts
- Contracts for independent collaborators
- Leases:
- Professional leases
- Commercial leases
- Precarious occupation agreement
- Long-term leases
- Mixed agreements
- Commissions
- Miscellaneous partnerships:
- Joint ventures
- Specialisation agreements
- Cooperative agreements
- Temporary groupings of companies;
Distribution and competition law
In the field of distribution law, Bremens Avocats assists its clients:
- In the identification of the distribution methods adapted to their activity at national and international level (integrated, semi-integrated, outsourced distribution, exclusive competition, franchising, selective distribution, other formule, etc.);
- In the implementation of the distribution system (drafting of contractual documents, draft contracts, final contracts and all related documents and applications);
- In the evolution of distribution networks (entry of new distributors, termination of contracts, modifications of contracts, transformation of networks);
- In the drafting and auditing of terms and conditions of sale, commercial cooperation contract and other related contracts ;
- In the resolution of disputes relating to distribution contracts;
In the field of competition law, Bremens Avocats assists and represents its clients:
- During the investigations carried out by the DGCCRF (Direction Générale de la Concurrence de la Consommation et de la Répression des Fraudes) and the European Commission’s agents;
- In proceedings initiated by the competition authorities (French Competition Authority, European Commission);
- During notification and control procedures of business concertation operations;
Associations and foundations
Bremens Avocats assists associations and foundations on both a legal and tax level.
Bremens Avocats is particularly involved in:
- The study of the appropriateness of the choice of structure in relation to the founding member’s project;
- Drafting of constitutive acts (statutes, internal regulations, general meetings, etc.);
- Legal follow-up (holding board meetings and assemblies and drafting minutes, keeping registers, etc);
- Tax audit and legal implementation of necessary restructurings (sectorisation, spin-off, etc).
