Activities

BAFFERT & MALY IS A MARSEILLE-BASED BUSINESS LAW FIRM, WHICH OPERATES IN FRANCE AND ABROAD.

We SUPPORT entrepreneurs, business owners and regulated professions with all their plans: establishing a company or a start-up, negotiating the input of capital from investors, long-term financing operations, mergers and acquisitions, changes of ownership, restructuring, legal and tax consulting and optimisation, as well as day-to-day legal monitoring of businesses.

We HELP our clients to draw up all contracts relating to business matters and, in particular, commercial contracts, selective distribution contracts and franchise agreements.

We ADVISE nour clients on managing labour relations, drawing up employment contracts, monitoring breaches of employment contracts, establishing dismissal/redundancy procedures, negotiating contractual terminations and providing assistance at industrial/employment tribunals.

We DEFEND our private and corporate clients in civil, corporate or commercial proceedings to which they are parties.

We WORK WITH OUR CLIENTS on the tax optimisation of their plans, in order to make them achievable, as rapidly as possible under the best possible conditions.

We COMMUNICATE with the tax authorities within the framework of tax adjustments, for our private and corporate clients, as well as providing representation in court in the event of litigation.

We OFFER, strategies that are tailored to the needs and interests of our clients, thanks to our vision and experience in terms of consulting and litigation.

RESTRUCTURING
– CHANGES OF OWNERSHIP –
INVESTMENT CAPITAL

Corporate group restructuring
Capital raising
Due diligence
Partner/shareholder current account agreements
Convertible bond issues
Corporate acquisition / divestment
Mergers
Establishment of incentive mechanisms, including specifically:
> Warrants for shares in newly formed companies (BSPCE)
> Share warrants (BSA)
> Free allocation of shares (AGA)

COMMERCIAL
LITIGATION

Commercial leases
Debt collection
Disputes between partners/shareholders
Counterfeiting/infringements
Unfair competition
Commercial disputes
Opposing orders to pay

COMPANY
LAW

Company formation / registration
Partners/Shareholders agreements
Capital increases
Capital reductions
Sale/transfer of shares
Preparation for and holding general meetings:
> All changes to the articles of association, including changes relating to a company’s corporate name, corporate purpose or registered office,
> Corporate governance: appointment, remuneration and removal of directors,
> Appointment of auditors
> Approval of company accounts
> etc.
Conversion of companies
Dissolution and voluntary liquidation
Liability guarantees

TAX OPTIMISATION AND ASSET MANAGEMENT

Asset audits
Asset transfers
Examining the fiscal impacts of an operation
Holding company formation
Organising directors’ tax and social security statuses

REGULATED
PROFESSIONS

Creating professional practice structures (e.g. professional corporation, private professional company, etc.)
Company restructuring
Handling disputes between partners/shareholders
Company rules
Non-trading private company formation
Firm transfers
Disciplinary procedures

CIVIL
LITIGATION

Banking law
Construction law
Civil liability
Rental management (rent collection, eviction, etc.)

TAX
LITIGATION

Assistance with tax audits
Proceedings in administrative and civil courts

EMPLOYMENT
LAW

Drawing up permanent employment contracts (CDI)
Drawing up fixed-term employment contracts (CDD)
Examining/comparing collective agreements
Managing collective labour relations
Job offers
Contractual termination
Dismissals/redundancies
Professional elections
Company agreements
Employment/Industrial tribunals

CONTRACTS NECESSARY
FOR OPERATION

Commercial leases
Service contracts
IT development contracts
Consortium agreements
Partnership agreements
Selective distribution contracts
Franchise agreements
Commercial agency contracts
Business procurement contracts
General terms of business
General terms of use
Confidentiality agreements (NDA)

BUSINESS CONSULTING AND SUPPORT

Examining the legal issues of projects
Drawing up contracts

FAMILY
LAW

Simple and plenary adoption
Divorce
Succession law

ALTERNATIVE DISPUTE RESOLUTION METHODS

Reasoned negotiation
Participatory agreement
Mediation