Expertise
We make a difference thanks to the complementary nature of our fields of expertise.
Companies and associations
Intinya has particular expertise and experience in the resolution of corporate law disputes.
Intinya also provides advice and assistance with regard to corporate law agreements and M&A transactions.
Areas in which Intinya has particular expertise include:
- Disputes between shareholders and members of associations, disputes following an acquisition or restructuring, disputes regarding directors’ liability
- Drafting shareholders’, management and other corporate agreements
- Assisting with M&A transactions and the restructuring of companies and associations
- Incorporation of companies and associations
Law of obligations and contract law
Contract law forms the core for all legal questions in company law.
A thorough understanding of the different aspects of contract law can therefore make a significant difference in the handling of your case.
We can assist you with matters such as:
- Negotiating and drafting contracts
- The binding force, enforceability and interpretation of contracts
- The transfer or assignment of agreements
- Enforcing and executing contractual obligations in the event of non-performance
- Contractual liability
- The dissolution and termination of agreements
- The nullity of contracts and the resulting restitution
- Prejudicial contracts (actio pauliana), simulation, third-party complicity in breach of contract
- Derivative actions and direct claims
- Evidence law
Commercial distribution and other commercial contracts
If you, as an entrepreneur, want to distribute your product and/or service through commercial partners or if you act as a commercial partner yourself, you can opt for various collaborative forms, each of which has its own legal framework. This legal framework determines, among other things, the rights and obligations of both parties, the remuneration system, the termination options and any termination fees payable.
For certain collaborative forms, the party granting distribution rights is also subject to a pre-contractual obligation to provide information about matters such as market conditions in the sector concerned and the distribution network already in place.
We can give you advice and help with choosing the right collaborative form, drafting the collaboration agreement and settling legal and other disputes, relating to matters such as:
- agency
- commercial concessions
- brokerage
- commission
- franchising
As an entrepreneur, you will additionally need to conclude numerous other commercial contracts with suppliers, customers and other business partners. We can also help you with the drafting of the following agreements or the handling of legal and other disputes in this context:
- General terms and conditions
- Licensing agreements
- Sponsorship agreements
- Independent service agreements
- Commercial and non-commercial rental
- Non-disclosure agreements (NDAs)
- Data processing agreements
Commercial practices and consumer protection
When conducting their business activities, companies are required to adhere to legal rules on matters such as advertising, price indication, clearance sales, seasonal sales, and so on.
Contracts with consumers are also strictly regulated by law; account needs to be taken of specific information obligations, any right of withdrawal that applies and numerous contractual conditions that are illegal, among other things.
Relations between companies are also subject to legally defined protective measures, including a prohibition of misleading and aggressive market practices.
We can advise and assist you in matters such as:
- Drafting general terms and conditions
- Setting up a webshop
- Handling legal and other disputes relating to unfair market practices (unfair competition, misleading and/or aggressive market practices)
Financial law, banking law and securities
Companies that want to grow or invest often use external financing. Loans are therefore arranged on a daily basis, not only with banks, but also between companies, for example through a loan agreement or via the current account.
Numerous forms of collateral exist to ensure that these loans are repaid, some of which are stronger than others (mortgages, liens, guarantees, etc.).
We can assist you in carefully drawing up a credit or loan agreement and selecting the appropriate collateral.
We also have extensive experience in the recovery of credits and loans, as well as in organising the most appropriate defence against recovery measures.
We can assist you in connection with agreements, questions and disputes relating to:
- Loans
- Credit facilities (cash credits, investment credits, straight loans, bullet credits, etc.)
- Reinvestment charges or funding loss
- Mortgages, mortgage-related powers of attorney, mortgage promises, liens, guarantees, letters of patronage, bank guarantees, negative collateral, etc.
- Retention of title
- Leasing
- Phishing and other forms of banking fraud
- Anti-money laundering legislation
- Residential mortgages
- Consumer credit
- Credit intermediation, credit agency and credit brokerage
Debt recovery and seizure and enforcement law
It is crucial for any company to be able to compel its debtors to honour their commitments if necessary. Without this ability, agreements and even judgments that are not complied with voluntarily will be a dead letter.
We can guide you in choosing the right seizure and enforcement measure to safeguard and enforce your rights as effectively and efficiently as possible.
It is also important to avoid the situation where proceedings end with the disappointing discovery that the other party is insolvent. We can analyse your debtor’s assets at the start of the case, after which the identified assets can be made subject to a conservatory seizure pending a court decision.
We can assist you in particular with:
- Conservatory measures (conservatory seizure, appointment of a receiver, etc.)
- Amicable debt recovery (formal notices to pay, etc.)
- Recovery of undisputed financial debts
- Enforcement measures such as:
- Third-party seizure (garnishment, attachment of bank accounts, attachment of rent and other income, shares, current account receivables, etc.)
- Seizure of real estate (houses, land, etc.) and appointment of a notary with a view to organising a public sale
- Seizure of movable property (furniture, vehicles, etc.)
- Requests for account information
- Proportional distribution and ranking
- Penalty payments
- Judicial deposits
- Judicial orders to ensure the conservation of property that the owner seeks to recover from a third party and attachment of property
- Objections to wrongful attachment or the recovery of wrongly attached goods
- Liability issues with regard to judicial officers and notaries
- The appointment of a receiver for an unmanaged estate
- Annulment of prejudicial contracts (actio pauliana), simulation, etc.