Our main areas of practice are the following:
- Corporate, Commercial and M&A
- Banking and Capital Markets
- Real Estate / Property / Construction
- Employment Law and Litigation
- Administrative Law & Public Procurement
- Environmental Law
- Dispute Resolution / Arbitration / Litigation
- Intellectual Property
- Infrastructure and Public-Private Partnerships
Corporate, Commercial and M&A
MC&A is able to provide a wide range of legal services in the corporate, commercial and M&A areas at both national and international levels. The areas in which we have most experience are:
- Incorporation of companies;
Share transfers, transfer of businesses, MBA’s and assets transfers.
Specifically in the area of mergers and acquisitions, MC&A’s professionals have a vast experience in performing due diligence (limited or global) to companies, including in acquisitions, divestment and privatizations, which involve the analysis and review of all type of corporate and contractual documentation, as well as the follow up, in many countries, of national and international merger and acquisition procedures.
Contracts and commercial transactions both the national and international level, as well as the following up of the business life in general of our Clients are a significant part of our daily activity, in the majority of the cases with the involvement of multinational companies.
Banking and Capital Markets
MC&A has rendered advice in multiple banking and financial operations, through its vast experience in corporate finance and financial services (including privatizations and global offerings).
MC&A also acts for many companies in their relationship with banks and international financial institutions, as well as credit institutions and financial companies. In the past years, MC&A has invested in the area of project finance, which has been increasingly developing in Portugal.
Through our associated law firms in Angola and Mozambique, we regularly cooperate in providing advice on banking and finance issues to clients doing business in those countries.
The complexity of national and international taxation rules determines an increasing need for expert tax advice, which assumes a crucial role in the modern market, as it evolves into more complex transactions. Our experience dictates that every business transaction always has direct or indirect tax consequences, which require an efficient tax planning, identification of the most tax efficient structures in order to avoid future unnecessary liabilities.
MC&A provides strategic advice at every stage of transactions, on all aspects of domestic and international tax, in co-ordination with our other practice areas, providing a tax-related advice as part of an integrated service, as well as direct advice to the clients. We advise on a broad range of tax issues, including:
- International group structuring;
- Capital markets;
- Investment funds;
- Transfer pricing;
- VAT and other indirect taxes;
- Income tax;
- Property tax;
Real Estate / Property / Construction
MC&A has a wide experience in all matters associated investment with construction and real estate development and our team provides a full spread of services including:
- Real estate investment operations, mergers and acquisitions and performance of the respective due diligences;
- Monitoring the installation, exploitation and operation of tourism projects (shopping centers, hotels, tourism development project and golf courses);
- Preparing and negotiating real estate agreements, purchase and sale agreements, sale and lease-back agreements, call options and surface rights’ transfer;
- Preparing and negotiating public works’ contracts, designs and necessary supervision;
- Real estate financing operations and the preparation of the respective guarantees;
- Assistance in the issuance of all necessary licenses and permits during the construction phases, all aspects related to environmental and industrial licensing.
MC&A has assisted many national and international companies in various property, construction and infrastructure projects in Portugal and abroad.
Employment Law and Litigation
MC&A has the required expertise and experience which allows it to provide a full range of services, namely in the following matters:
- Daily advice on legal matters;
- Legal support on companies' restructuring processes, including collective dismissals and individual redundancies, lay-off and others;
- Review and drafting of individual employment contracts of all types;
- Management of employment contracts (including functional and geographical mobility, fringe benefits and preparation of bonus incentive plans and stock option purchase plans);
- Social security issues;
- Labour due diligences;
- Employment litigation, including the assistance in disciplinary proceedings and client representation in court with respect to such proceedings;
- General Labour litigation;
- Assistance in meetings with Unions and Employees’ Associations;
- Advice on situations of accidents at the workplace, Health and Safety at the workplace;
- Assistance on hiring foreign employees and legalization processes;
We all provide the above described services, among others, in respect of Angolan Employment law.
Administrative Law & Public Procurement
We have extensive experience in administrative law and in the area of public law, providing assistance to our clients in all sorts of contacts with the Portuguese public authorities in areas such as:
- Public Works;
- Supply Contracts;
- Public Partnership – Private and Private Finance Initiative.
Our team also provides pre-litigation advice and we represent our clients before public authorities and agencies, as well as in all disputes arising from lawsuits.
With reference to the procurement area, our activity is mainly directed to public works and contracts for the supply of goods and services, regarding which we are able to give advice of contract formation, particularly by providing all necessary assistance in public fenders, through the preparation of proposals and all documentation required by law, plus their negotiation and settlement of potential disputes.
We hold also experience in licensing procedures; including the licensing of units, form commercial, industrial and tourism purposes, providing support in all phases of administrative procedures.
Finally, on what concerns urbanism area of the law, our experience includes, among others, assistance in licensing procedures for private works and expropriations.
The environmental practice area is based on a wide body of expertise of our team which provides risk management advice and solutions to meet the ever-increasing requirements of our clients.
We provide a wide range of stand-alone advice on issues as diverse as the implementation of the Waste Electrical and Electronic Equipment Directive and directors' liabilities under environmental law across a broad range of industries.
We advise clients in relation to investigations and prosecutions by statutory authorities arising from incidents causing serious environmental damages.
Our litigation department deals with both litigation and alternative dispute resolution matters concerning environmental issues.
Our clients come from a range of industries and sectors and vary from multinational energy companies to governmental departments.
Through our associate offices we also advise clients in Africa, China, the Far East and the Middle East.
Dispute Resolution / Arbitration / Litigation
MC&A has an experienced litigation group, which advises and assists cases in all areas of law covered by the firm, both before national and international courts, as well as arbitration tribunals. Notwithstanding the vast experience our associates have in this area, MC&A values the possibility of performing out-of-court settlements, as a fair and effective way of resolving disputes, which also lead to a cost reduction regarding court fees and avoid long waiting periods.
Our most relevant expertise and experience include:
- Assistance in civil and commercial court litigation, including, among others, torts, contracts, credit recovery, landlord and tenant, inheritance, commercial, bankruptcy and company recovery, from first instance jurisdiction through to Supreme Court appeals;
- Criminal litigation;
- Tax and public (administrative) disputes;
- Employment disputes;
- National and international arbitration proceedings;
- Enforcement of foreign judgments.
The Intellectual Property’s area of the firm integrates the Corporate Law area and ensures all the services in the area of Intellectual Property. The department is specialized not only in Portugal but also in the entire African continent.
The Department provides services in the following areas:
- Patents (including research, filing, prosecution, enforcement and allocation);
- Domain name registration;
- Registration of company names;
- Internet Law;
- Rights’ database;
- Due Diligence and audits;
- Intellectual property litigation;
- Tax advice on intellectual property.
Infrastructure and Public-Private Partnerships
Public-private partnerships (PPPs) are a good tool to maintain the pace of investment in infrastructure projects and the development of economies. The advantages are clear: they represent additional funds to governments, in addition to public funds, to invest in development projects. On the other hand, they simultaneously incorporate the technical knowledge and the private sector management capacity, adding value and greater technical efficiency, and can therefore provide a boost to national economies.
MC&A has a wide and recognized experience in the area of legal advice regarding business transactions between public and private sectors and to promote private investment in public works, both regarding concession and exploration projects, and also the conclusion of supply contracts of goods and services. The presence and monitoring in loco of the processes in this context, by MC&A teams, and deep knowledge of these matters put the firm in a privileged position, having assisted in PPP procedures, affecting both representing Mozambican and Angolan governments, as well as investors.
Considering the growing investment potential in the areas of natural and energy resources, and co-related sectors in the Portuguese-speaking African countries, MC&A makes available to its clients a committed team to provide highly specialized services supported by the experience and effective knowledge of legal systems in the economic and social contexts related to the concerned markets.
MC&A relies upon a diverse professional team duly authorized to operate in Portugal, Brazil, Angola, Mozambique, Cape Verde, São Tomé and Príncipe and Guinea Bissau.
Energy and renewable resources
MC&A has a wide experience in projects involving power generation and transmission, distribution and marketing of energy, representing investors, traders, financial institutions and large consumers, within the commercial transaction in electricity context. Regarding the renewable energies, MC&A team acts especially in the development and financing of green & brown field projects related to wind-farm and solar power generation, in all legal aspects, including the evaluation and regulatory issues.
Oil & Gas
Advisory to IOCs, NOCs and investment funds, as well as in financial structuring transactions, farm-in and farm-out operations, acquisition and divestment of equity interests and distressed assets. Our professionals assure legal support in projects involving all stages of the O&G chain, and regular advisory to clients already operating within the Portuguese-speaking markets or still intending entering these markets, offering full legal assistance related to downstream, midstream and upstream activities. The lawyers of MC&A also represent sponsors, funders, traders and property owners in international financial transactions for the construction and expansion of pipeline infrastructure facilities, REGAS and LNG terminals.
Within the scope of mining, the professionals of MC&A provide legal advice to clients in due diligence processes, joint venture negotiations, acquisition of companies, assignment and transfer of mineral rights, as well as in problem-solving of issues concerned with the industry. The lawyers of MC&A have been actively participating in all phases of mining projects, either in preliminary research stages or production, by developing sophisticated strategies with the purpose to achieve such projects and the participation of companies in mining activity.