We offer legal and consultancy services in the following fields of specialization:
We also provide Business & Corporate Consulting Services, which encompass:
Corporate Law
MOLINA & COMPAÑÍA, LAWYERS AND CONSULTANTS, are specialized in the structuring of new companies according to our clients´ necessities and specifications. Within this field we also offer our services in reforming a company's social contracts, increasing its capital, restructuring companies through mergers, takeovers, splits, conversions and liquidations. We furthermore prepare deeds of partnership and joint venture agreements for our clients, well aware of the high level of specialization and precision that is demanded by this kind of contracts.
Intellectual Property
Intellectual property rights should be seen as one of the client's most valuable possessions. Their inventive genius and creativity are protected within national, regional and international schemes of judicial protection. Emphasis is made on these judicial aspects because they cannot be detached from their moral and economic appreciation.
Regarding industrial property, we are able to provide advice to our clients on the registration of trademarks, invention patents, industrial designs, utility models, copyrights on materials and commercial property use and registration, as well as franchise, licences, contracts, health registers of pharmaceutical products, farming and livestock, fertilizing and chemical products. The firm is broadly experienced in litigating misappropriation and other claims in the field of industrial property.
Taxes
MOLINA & COMPAÑÍA, LAWYERS AND CONSULTANTS, provides planning and consultancy services on a national level (tax support) as well as on an international level (double tax treaties), tax consulting services, legal representation in actions of all areas of the Ecuadorian tax legislation, and administrative complaints before competent bodies, such as the Ecuadorian Internal Revenue Service (SRI), municipalities and the Ecuadorian Customs Corporation (CAE), and litigious actions before Fiscal Tax District Courts and the National Court of Justice.
Our experience in tax matters includes the development of products that are, from a tax point view, appropriate for different areas. It comprises consultancy, international loans, assets banking, financial leasing, preferred shares and others. As a routine, the firm represents clients before the Ecuadorian Parliament and the country's International Revenue Service (SRI) in connection with legal regulations and other administrative matters.
Public Procurement
MOLINA & COMPAÑÍA, LAWYERS AND CONSULTANTS, give consultancy and participate on behalf of their clients in public procurement through the presentation of tenders and fulfilment of precontractual documentation. Our firm members are able to prepare studies, drafts and precontractual documents, biddings to public invitations to tender, whether from the State or other entities of the public or private sector.
Our members are highly experienced as they have been members of Procurement Committees and Commissions of public entities and companies where the Ecuadorian state is the major stockholder. This experience translates itself into the preparation of drafts, eligibility qualification, assessment, advice on agreements and contracts, conception and establishment of warranties, and the handling and monitoring of contracts.
Banking and Finances
Ever since our law firm MOLINA & COMPAÑÍA, LAWYERS AND CONSULTANTS, was founded, we have been representing important financial groups in Ecuador.
The firm's consulting services include a whole range of activities in which we have served our clients such as financing and credit restructuring, products and service design, acquisition, sale and merger of financial institutions, and the daily management of financial business in general.
Our finance and tax experts work closely with financial institutions in order to develop new products and financial services. We are leaders in the area of securities consolidation and in the design of sophisticated alternative financing mechanisms.
Additionally, our firm has experience in finance regulations, as we have represented institutions and associations before the monetary board, control authorities, achieving positive resolutions to their problems while protecting their legitimate interests. Some firm members are highly experienced in working with officials from the Supervising Authority for Banks and Insurance Companies of Ecuador, the Central Bank of Ecuador, the State Bank and others, as they have held directive positions in these entities.
Arbitration and Mediation
Our firm intervenes and provides its arbitration or mediation services when alternative resolutions to disputes are wished and wanted. We are highly experienced in the preparation of arbitration agreements in representation of clients and the Ecuadorian State, as well as finding solutions to international disputes between sovereign States and commercial enterprises.
Litigation and Debt Collection
We provide legal assistance and represent in any dispute or administrative procedure in all fields of Law and before any of the various jurisdictions that exist in Ecuador, such as civil courts, labor courts, fiscal tax courts, administrative claims, private arbitration, and mediation panels. Our practice in lawsuits and appeals reaches up to the highest courts, like the National Court and the Constitutional Court.
Our area of debt collection includes judicial and extrajudicial debt collection, civil lawsuits, temporary receivership and bankruptcy, as well as other legal proceedings.
Electricity Sector & Power Generation
MOLINA & COMPAÑÍA, LAWYERS AND CONSULTANTS offer legal, technical and financial advice on these areas, and we are in the positions to work jointly with clients and investors in order to look for new opportunities in the electricity sector.
Government Practice and Local Administration
Our professionals have a significant experience in matters of law, regulations, project structuring and presentation, and the design and handling of management strategies. This experience is also expressed in the representation of our clients at the municipal level, before the national legislature, at regulating and control authorities as well as before governments itself.
Our members are experienced in government and municipal projects, public finances, sustainable management of natural resources, interaction with international financing and technical cooperation agencies, housing and industrial regulations, as they held for considerable time, high executive positions in entities linked to local development, such as the State Development Bank and one of the most important municipalities of the Republic of Ecuador, the Metropolitan Municipality of Quito.
Stock Market
Our firm is highly recognized for its experience and the innovations we have made in this field, particularly in topics such as design and management of private pension and investment funds, trusts, securitization, mergers and acquisitions, purchase of shares and assets, capitalization and reorganizations, agent disputes, control changes and preventive judicial declaration of bankruptey.
Our practice in the field of the securities market includes giving advice to our clients on legal requirements, as well as the representation of issues, investors and institutions that participate in public and private tender offers through placing obligations and trade bills on the national market.
As a consequence of our specialization and leadership in the trust field,
MOLINA & COMPAÑÍA holds an important part of the package of shares in “ENLACE NEGOCIOS FIDUCIARIOS S.A.”, which is a trust and funds management company ranked today as one of the major private trusts on the Ecuadorian market. The company is widely known for its solvency and leadership in the real state business.
We are actively engaged on the capital market, a task that demands our skills related to investment banking.
Due Diligence and Company Assessment
Our partners experience and their professional training allows us to offer services oriented to achieve as a goal, the evaluating of the legal and financial conditions of enterprises and corporations, as well as to assess ongoing business. Our firm members are experienced in this sort of activities, which makes us one of the few firms in Ecuador able to provide these services.
Project Finance
Our firm provides specialized professional services which are aimed at identifying, planning, preparing, elaborating, supervising and/or evaluating development projects on the levels of pre-feasibility, feasibility, design and operation. Furthermore, we are also in the position to oversee and control projects, as well as to provide consulting services and technical assistance, elaborate economic, financial, organizational and management studies, and do audits and research.
We also have professionals who are trained to identify financing requirements, calculate financial and economic returns, identify possible sources for the provision of funds, and structure representation for project design, promotion, financing groups and project consultancy in a variety of branches. All these services are provided within the given legal and contractual framework to assure the benefit of all parties involved, thanks to our partners and associates strengths in interdisciplinary matters.
