Expert SM renders legal services both to the local and foreign organizations and  enterprises since 2002.

We render professional legal services for legal entities, based on an extensive legal practice, providing full confidentiality of contractual relations with the client.
Services brought to your attention promote creation of conditions for protection of business of our clients and its effective development.

The commercial law

– The Analysis and inventory accounting of debtor and creditor debts. Claiming problem debtor debts (return of debts), management of promissory notes.
– Settlement of disputes pertaining to the conclusion, execution, changes and cancellation of contracts.
– Protection of the rights of the proprietor against wrongful actions of the third parties, which violate the rights and interests of the proprietor. Registration of the right.
– Legal examination and business-projects support.
– Protection of the proprietory and personal non-proprietory rights of the client, business reputation.

The corporate law

– Registration, and also absorption, merges, allocation, division, liquidation of all forms of legal persons and legal consulting of the future activity. Modification in constituent documents, reorganization of the enterprise. Our attorneys are knowledgeable in all aspects of the incorporation company in Azerbaijan.
– Development of constituent and internal corporate documents.
– Protection of your business against hostile absorption with use  funds, maintenance of the maximal confidentiality of the information on proprietors of the company.
– Legal support on alienation/purchase of shares.
– Settlement of disputes between the proprietor and the manager.
– The Explanation of the rights to shareholders on management of a society.
– Liquidation of LLC and Corporation C (Inc) in the USA.

The tax law

– Legal examination of actions and executed decisions of tax bodies.
– Representation of interests of the organization at carrying out of tax checks, preparation of objections on acts of tax check and the appeal of decisions on attraction of the tax bearer to the responsibility.
– Settlement of tax disputes in/out of the judicial order.
– The Sanction of tax disputes in courts (a recognition of non-normative tax bodies-void, return of unduly paid/claimed sums of taxes and tax collections).
– Return of unduly paid/claimed taxes and tax collections. Return of the export VAT.
– Tax consultation in USA

The conventional law

– Settlement of disputes pertaining to the conclusion, execution, changes and cancellation of contracts.
– The Legal analysis of plans, operations, transactions with a view of their check and the further optimization; recommendations on legal questions on expediency of change of separate conditions of contracts, on undesirability of some transactions in a kind of uncertainty of their tax consequences.

Anti-collection services

The «Expert SM» company offers the following list of anti-collection services:

– legal assistance and defense of client interests in resolving disputes on loans to banks, leasing companies and other creditors;

– legal review of loan agreements;

– consultations on issues arising in the delay of payment of credit, increasing the interest rate on the loan;

– participation in negotiations with the bank and other creditors;

– qualified assistance of a lawyer for legal claims of creditors;

– representation the interests of debtors in courts of all instances;

– reduction of fines, penalties, interest;

– the appeal of credit lawsuits filed by banks, leasing companies and other creditors;

– complete contesting of the credit agreement;

– representation interests of debtors in executive proceedings,

– participation in negotiations with representatives of the Judicial Executive Service;

– appeal against the illegal actions of the Judicial Executive Service;

-appealing the results of tendering for the sale of the property.

Evaluation services

«EXPERT SM», an international legal and consulting company, provides evaluation services to individuals and legal entities.

Our Evaluation Team has wide experience in assessment activities and provides the highest level of service, accuracy and quality of performed work.

In October 2006, on the recommendation of The National Confederation of Entrepreneurs of Azerbaijan, decision of the National Bank of Azerbaijan and the Azerbaijan Mortgage Fund staff of the group were included in the mortgage lending serving institutions.

The assets of our group has such large works, as; Zaqatal Nut Factory, Aghdash Trade Center, Sabunchu Knitting Factory in Baku, «Bakcell» Ltd, SGS – complex, etc.

Partners of our Evaluation Team in evaluation and mortgage loan activities are banks such as “Texnikabank”, “Kapital Bank”, “Unibank”, “Nikoyl”, “Muganbank”.

The evaluation report is submitted according on the international standard as a set of documents in written form together with video materials.

The Team carries out the following type of assessment:

• Evaluation of all types of business

• Pre-investment evaluation of the enterprise

• Assessment of buildings, structures, houses, apartments

• Evaluation of apartments for mortgage

• Valuation of land plots, villas, cottages

• Equipment evaluation of workshops, factories, plants and etc.

• Assessment of transport companies and garages

• Evaluation of motor vehicles (all types)

• Assessment of stocks of individual and legal persons

• Evaluation of restaurants and catering business

• Valuation of companies for:

– Court

– Section

– Merging

– Taking the balance

– Sale

• Valuation of property, real estate of enterprises for contribution to the authorized capital

• Damage assessment of individual and legal entities.

Pharmaceutical services

Expert SM is pleased to offer You the following services in the field of pharmaceutical law:

• Assistance in registration of drugs, medical equipment and products of medical purpose;

• Legal consulting in issues concerning advertising of drugs, medical equipment and products of medical purpose;

• Drug promotion methods: development and legal support of sales schemes;

• Working out and legal analysis of commercial agreements, including agreements with distributors and joint marketing agreements;

• Drafting and legal analysis of customer’s feedback processing agreements and adapting the standard template of such agreements to Azerbaijani legislation

• Legal regulation of foreign economic activities;

• Consultancy concerning responsibilities for production of inferior products;

• Consultancy on issues concerning clinical investigations on drugs;

• Legal support of clinical researches, including the following:

a) developing legal scheme of financing clinical researches;

b) legal support in issues connected with import of investigated drugs and other articles (test tubes, reagents, equipment etc.), support in issues connected with export of samples, tests etc.;

c) working out contracts/agreements:

o with clinical institution (medical institution conducting clinical investigations)

o with researchers (doctors)

o with tested persons (test participation agreement form)

o on insurance

o on provision of services by experts from governmental organizations authorized to control and record results of investigations

d) cooperation with health authorities in issues concerning conduction of clinical investigations;

• protection of intellectual property rights;

• representing interests of client in cases connected with violation of patent and trademark rights;

• legal support in developing effective schemes of import and distribution of drugs, medical equipment and products for medical purposes, maintenance of their consignment reserves of realization, directed to maximum use of customs and tax privileges applicable to pharmaceutical industry;

• representing and protection of interests of clients before custom authorities both in pre-trial procedures and courts;

• representing and protection of interests of clients before tax authorities both in pre-trial procedures and in courts;

• collecting debts from Azerbaijani distributors, including judicially or through initiation of bankruptcy proceedings;

• working out drafts of legal texts regulating public health issues;

and our general legal services:

• legal consultancy;

• registration of companies with local investments (where investors are Azerbaijani citizens);

• registration of companies with foreign investments (where investors are not Azerbaijani citizens);

• registration of representative and branch offices;

• drafting and providing legal analysis of contracts/agreement;

• legal outsourcing (continuous legal servicing);

• accounting outsourcing (providing full-range accounting services to companies);

• representing interests of clients in courts of different instances;

• winding-up local companies.

Partner of our company in the field of pharmaceutical law is the company “LegalAlliance” – the leader in legal services market of Ukraine in the sphere of medical and pharmaceutical law according to the eighth edition of the directory”Ukrainian Law Firms 2010. A Handbook for Foreign Clients “

Economic disputes, representation in courts

• ·        Representation of interests of the organizations in courts, appeal courts and cassation instance.
• Protection of the rights and interests of the client on criminal and administrative affairs in the sphere of economic activities.
• Protection of the rights and interests of the client in criminal cases.
• Representation of interests of the client in relation with supervising bodies (DIA, Office of Public Prosecutor, tax).

Expert SM renders services of user’s service of the enterprises, including decision of all legal questions arising out of activity of the client.

Expert-SM is one of the leading law firm in Azerbaijan. To subscribers of Expert SM are rendered following services:

• Legal support for activitities of the local and foreign companies in any sphere of business.
• Consultations on reciprocal relations with public sector, settlement of disputes.
• Representation of interests of the client in relation with supervising bodies (DIA, Office of Public Prosecutor, tax).
• Reception of necessary licenses and sanctions.
• Checking the conformity of given documents with the requirements of the legislation.
• Settlement of disputes concerning the conclusion, execution, changes and cancellation of contracts.

Expert SM offers you services of the family lawyer which include:

• Consultations by the family right.
• Consultations on supervision of real and personal estate.
• Notary public services.
• Questions connected with administrative law (mutual relations with car inspection, executive and local authorities, etc.).

Expert SM provides legal services for more than 10 years. Our specialists are ready to render consulting services in all the matters in connection to licenses and permissions obtaining and will assist in obtaining of the following types of licenses necessary for commence and continuation of business activity on the market:

• Licensing of professional participant of the security market
• 2 Licensing of asset management company (Mutual Investment Funds)
• Construction license for the following types of activity:
• Medical license
• Pharmaceutical license
• Tourism license
• License of the Ministry of Emergency Situations of Azerbaijan
• Alcohol trading license (wholesale and retail)
• Educational license
• License for hazardous wastes handlingOur specialists are also ready to assist in obtaining of diplomas, certifications, verifications.

Legal support of business. Subscription legal service

Subscription legal service is a highly skilled complex support of activity of the company on all legal problems arising in the course of economic activities.Among advantages of regular legal support provided by our company the following are distinguished:

• Efficiency of the decision of any legal problem.
• Cost of one business hour of the lawyer is reduced in 1,5—3 times (depending on the amount of solved problems).
• You will not need to conclude a special contract for each type of service. You can safely plan the budget since you know the sum of a monthly subscription payment.
• Staff costs without a damage to its functionality (taxes, wages, holidays, benefits, sick-lists, normative bases, training, premises, business equipment, office, and etc.) are minimized.
• Possibilities and experience of the lawyers who are carrying out the subscription legal service, in most cases exceed possibilities and experience of employees of legal department of the organization. Five departments of various specialization function in our organization, each of those will be involved in work with your company if necessary. It becomes immediately and does not influence on the service price.

Associated with subscription legal service our company is guided by the following rules and principles:

• We book preliminary legal audit before the cooperation begins.
• We guarantee complete confidentiality.
• The clients under subscription legal service in our company are of first-priority comparing to other clients.
• Subscription legal service is carried out with the assistance of the corporation council of experts which members are recognized experts in various fields of knowledge and scientists from around the world.
• We conclude the contract on subscription legal service for a minimum three months.
• For the subscriber companies of our corporation there is a 25 % discount for all legal services which are not included into the confirmed tariff plan.
• The main mission of our company is to afford to the client an opportunity to develop and increase the business under a reliable legal protection, not distracting for decision of conflict situations. We believe that a qualified lawyer should do his best not to bring the case to the court.
• We insure responsibility when working with medium and big business.

Legal service of organizations includes rendering of the following legal services:

• Monitoring of legislation on main activity of the company-user.
• Legal consultations on business law, labour law, information on current legislation of the Azerbaijan Republic.
• Consultations concerning the tax law, optimization of taxation.
• Check and legal analysis of all legal documentation of firm, including constituent documents, contracts, and etc.
• Introduction of legal document circulation; determination of criteria for the documents for visa by the lawyer.
• Working out of registers of shareholders and consultation on keeping the registers of shareholders by issuers.
• Check of the counterpart in Uniform state register of legal entities and Uniform state registration chamber.
• Legal support of transactions.
• Setting up of accounts in foreign banks.
• Legal support of bankruptcy procedures
• Representation of interests of firm in administrative bodies and in negotiations with partners and clients of the company.
• Drawing up of legal documents (economic and labour contracts, claims, answers to claims, remedial documents, and etc.) in Azerbaijan, Russian and English language if necessary.
• Pre-judicial and extrajudicial settlement of economic and labour disputes by negotiations and other lawful ways.
• Representation of interests of the company in courts.

Our specialists are ready to render highly professional assistance in all the spheres  of  labor law, including:

• consulting on employment permits to foreign citizens on the basis of labor law/civil
• law contracts and agreements of personnel provision
• consulting services with regard to requirements of territorial migration authorities to companies employing foreign citizens
• other necessary assistance in obtaining employment permit for the client and
• work permits for the clients, foreign employers

We will help in the preparation of documents for foreigners:

– a residence permit;

– the work permit;

– extension of a visa;

– prolongation of the residence permit;

– registration at the place of residence;

– assistance in recognizing at the territory of Azerbaijan Republic of diplomas obtained abroad (nostrification).

– consultation in the sphere of getting visas to the USA

1. Consulting on establishing any legal forms of juridical persons;
2. Assistance in choosing a type of the company you might want to establish with the focus on the specifics of the sector and nature of relationship between contributing participants;
3. Assistance in preparation and correct handling of internal documentation;
4. Analysis of different documents on their relevance to the existing legislation;
5. Drafting of standard documentation;
6. Drafting of different types of contracts;
7. Preparation of the employee instructions;
8. Drafting of the labor contracts;
9. Assistance in preparation of claims and statements;
10. Analysis of presented documentation with verbal conclusion;
11. Legal examination (research) of the full-text documents with the report in writing on findings of the examination;
12. Verbal consultations on the matters of law;
13. Consultations on the matters of law in writing;
14. Business consulting.

Main fields and special disciplines of law we consult on:

1. Civil and commercial law:
   1. Property relations:
      1. Liability law (all kinds of contracts and transactions)
      2. Law of estate (property rights, operational management rights etc.)
      3. Torts (liability deriving from a tort)
   2. Non-property relations
   3. Intellectual property
2. Labor law
3. State and municipal law
4. Financial, budgetary, and fiscal law
5. Civil procedure law
6. International private law
7. Information law
8. Other fields and special disciplines of law

WORKS (SERVICES) AT THE STAGE OF CONTRACT CONCLUSION

1. Participation in negotiations regarding the issues of conclusion of contracts, with tracking of legal purity of the bargain.
2. Making contract drafts:
   • the subject of which is assessable;
   • the subject of which is not assessable.
3. Legal expert examination of contract draft with issue of written opinion.
4. Participation in settlement of pre-contract disputes.

WORKS (SERVICES) AT THE STAGE OF CONTRACT AMENDMENT, DISSOLUTION AND EXECUTION

1. Participation in negotiations regarding contract amendment and dissolution.
2. Making drafts of amendments and additional agreements to the original contract.
3. Application of grounds of complete or partial discharge of contract.
4. Juridical analysis of legal reality of execution of obligations under the concluded contract with issue of written opinion (in the absence of legal dispute).
   • for contracts of property nature;
   • for contracts of non-property nature.
5. Juridical analysis of legal grounds for default under the concluded contract with issue of written opinion (in the absence of legal dispute).
   • for contracts of property nature;
   • for contracts of non-property nature.
6. Legal support of commercial contract from the moment of its conclusion (including participation in drafting) to the moment of execution or dissolution thereof.
7. Writing of business letters.

Legal due diligence – a review of title, the constituent, contract documents the company, allowing it to establish compliance with the laws and customs of business turnover and the current judicial practice.

The main purpose of the legal due diligence – is to check the compliance of documents with legal requirements and interests of the company to identify the risk of causing to it potential losses in case of:

• presentation of administrative fines and other sanctions by state agencies;

• sanction contractors for nonperformance or improper performance of contracts;

• non-performance of contractual obligations of contractors;

• abuse by employees;

• the illegal acquisition and use of assets (real estate, rights of intellectual property), etc

Legal and consulting company “Expert-SM” carries out a legal due diligence of the entire enterprise, its business units and individual components of the business.

Depending on customer needs, we offer:

– due diligens of contractual relations, including the due diligens of accounts or accounts receivable;

– due diligens of documentation to the ground and other objects of movable and immovable property;

– due diligens of the management system;

– due diligens of labor relations within the enterprise;

– due diligens of litigation and enforcement proceedings, the adoption of optimal solutions;

– due diligens of transactions and other investments.

The period of due diligence and its value depends on the volume of documentation and the terms of the issues under examination.

The result is a detailed report containing information on violations and how to address them.

Legal and consulting company “Expert-SM” strictly follows the principle of non-disclosure of any information obtained during the due diligence of the company.

Thus, conducting due diligence will make a full and complete picture of compliance with the legislation of the organization activity and its governing bodies, to obtain a clear action plan aimed at eliminating violations of the law and business improvement.

International legal and consulting company, Expert SM provides legal and accompanying services in Azerbaijan for more than ten years. Having joined in 2009 to the American Chamber of Commerce in Azerbaijan (AMCHAM Azerbaijan) Expert SM acceded to the more than 180 companies across all sectors of the economy; in January, 2011, Expert SM has successfully graduated from the Enterprise Development and Training Programme (EDTP – The EDTP is a BP initiative in support of local business development sponsored by BP and its co-ventures in Azerbaijan. The programme is part of BP’s effort to increase local content of their contracts in Azerbaijan and thereby contribute to the healthy and transparent development of the local economy).

Since March 2011, the company “Expert SM” is a permanent member of the Azerbaijani-Russian Chamber of Business Cooperation.

Since the foundation of Expert SM our specialists improve their skills every day, accumulating experience and in-depth legal knowledge for the benefit of customers. When we turn to the next process, we affirm our professionalism, not in words but in deeds. We represent clients in court, conduct a public enterprises of all types of the organizational and legal forms, and advise on all aspects of doing business in Azerbaijan.

Turning to the international legal and consulting company Expert SM, you will receive an affordable and comprehensive legal advice on incorporation company in Azerbaijan, doing business in Azerbaijan, and characteristics of the investment policy in Azerbaijan. Further, the specialists of our law firm provide full or partial support of Your business, the assistance of counsel, accountant or auditor.

Our staff consists of specialists in the field of law and economics. In our company attended multidisciplinary experienced experts. The professionalism with which our specialists take on the job, regardless of the complexity of the case, have formed to our company reputation of a responsible and reliable performer. Our experts are not only thoroughly know the legislation, but also monitor all changes, as the domestic legislation of Azerbaijan, as well as partner countries, the adoption of international legal acts governing the entrepreneurial activity. Moreover, due to long-term practice, the lawyers of Expert SM familiar with all the requirements for registration documents in government agencies and international organizations. Experts of legal and consulting firm Expert SM provide consultations on local and international treaty law.

If you need in incorporation company in Azerbaijan, our experts will help with the choice of organizational form, the preparation of package of documents and conduct legal correspondence with the competent state authorities. We comply with the principle of confidentiality, legitimacy and priority of the client’s interests. With us doing business in Azerbaijan will be beneficial and safe for You.

If You need in legal services in Azerbaijan, please contact the Expert SM – we will help You!