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Práctica General

GENERAL PRACTICE.

ANDRADE & ANDRADE is associated with the law firm BARRERA, ANDRADE-CEVALLOS & ABOGADOS – BACLAW. The two firms are integrated and their combined practices allow both firms to complement and support each other to provide to their clients a truly integral service. Our intellectual Property practice was founded by Dr. Luis Andrade Nieto in 1960, whom in association with Dr. Miguel Andrade-Cevallos, founded Andrade & Andrade, Intellectual Property Law Firm, one of the oldest specialized Law firm in Ecuador. Our General Practice is conducted by B ARRERA, ANDRADE CEVALLOS & ABOGADOS. BACLAW.

Our clients’ necessities are related, among others, to legal, financial, technical, corporate and consulting issues. In order to satisfy them, BARRERA, ANDRADE-CEVALLOS & ABOGADOS, - BACLAW, has evolved towards a broader, more progressive and complementary conception of the services provided.

We provide legal advice and assistance in all relevant areas of business law and represents clients before the government and the court. We offer legal services in the following fields of specialization:
Banking and Finance, Corporate Law, Arbitration and Mediation, Intellectual Property, Taxes, Negotiation, Debt Collection, Migration and Alien Status, Electricity Sector, Government Practice and Concessions and Privatizations.

BANKING AND FINANCES.

Ever since our law firm BARRERA, ANDRADE-CEVALLOS & ABOGADOS, - BACLAW 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 in activities such as financing and credit restructuring, product 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.

We are also specialized in the management of and consultancy on foreign debt exchange, debt to equity exchange, SWAPS and other legal instruments that are related to this topic.

CORPORATE LAW AND STOCK MARKET

BARRERA, ANDRADE-CEVALLOS & ABOGADOS, Lawyers & Consultants is specialized in the structuring of new companies according to our client’s necessities and specifications. Within this field we also offer our services in reforming a company’s social contract increase its capital, restructure 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.

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 bankruptcy.

Our practice in the field of the securities market includes giving advice to our clients on legal requirements, as well as the representation of issuers, 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 area, we are also very active in the trust field. The firm is known for its solvency and leadership in the real estate business.

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 the representation of clients and the Ecuadorian State, as well as finding solutions to commercial disputes between enterprises.

We would like to emphasize here, that some of our firm’s partners are actively engaged as arbitrators in international arbitration processes.

INTELLECTUAL PROPERTY.

Our firm provides planning and consultancy services on a national level (tax support) as well as on an international level (double taxation treaties), tax consulting services, legal representation in actions of all areas of the Ecuadorian tax legislation, and administrative complaints before all 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 Supreme Court of Justice.

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 sanitary registers of pharmaceutical, farming and livestock, fertilizing and chemical products. The firm is broadly experienced in litigating misappropriation and other claims in the field of industrial property.

Asimismo, la gran trayectoria en este campo nos ha permitido ser miembros de asociaciones internacionales como la ASIPI, IBA, INTA, IPBA y AIPPI.

TAXES.

Andrade & Andrade handles all Intellectual Property matters. 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.

Our experience in tax matters includes the development of products that are, from a tax point of 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 Internal Revenue Service (SRI) in connection with legal regulations and other administrative matters.

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, as there are: civil courts, labor courts, fiscal tax courts, administrative claims, private arbitration, and mediation panels. Our practice in law suits and appeals reaches up to the highest courts, like the Supreme Court and the Constitutional Court.

Our area of debt collection includes judicial and extrajudicial debt collection, civil law suits, temporary receivership and bankruptcy, as well as other legal proceedings.

MIGRATION AND ALIEN STATUS.

The firm permanently provides consulting services and guidance on each and every one of the procedures to obtain resident’s visas and investment visas in Ecuador. It undertakes the necessary steps in the corresponding procedures before the competent authorities.

DUE DILIGENCE AND COMPANY ASSESSMENT.

Our partners’ experience and their professional training allow 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.

ELECTRICITY SECTOR AND POWER GENERATION.

BARRERA, ANDRADE-CEVALLOS & ABOGADOS, Lawyers & Consultants, offer legal, technical and financial advice on these areas, and we are in the position to work jointly with clients and investors in order to search for new opportunities in the electricity sector. Our firm has the capacity to design business policies and strategies for contracting with power generation companies, to analyze and participate in invitations to tenders and biddings, to offer integral services of company assessment; to provide management, financing and budget models; and to elaborate forecasts on financial and general performance based on technical indicators which are determined by legal requirements and the dynamics of supply and demand. There are firm members who are broadly experienced in these topics, as they were important decision makers of companies dedicated to power generation, transmission and distribution in Ecuador as members of their directive boards or holding executive positions. Accordingly, they are very much acquainted with power plants management and organization, its requirements of goods and services, with the analysis of its financial statements and budgets and its processes of strategic planning. Additionally, our firm is also able to provide our clients with services of company registration and assist foreign companies to qualify as suppliers of goods and services for the public and the private sector.

GOVERNMENT PRACTICE.

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 the government itself. Facing the necessity of legislative and regulatory solutions, nationwide with local authorities, our team of professionals develops strategies, proposals and alternatives, while they work closely with members of the Ecuadorian Parliament, professional associations, municipalities and their technical staff.

We have members that are experienced in governmental 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.

PUBLIC PROCUREMENT.

BARRERA, ANDRADE-CEVALLOS & ABOGADOS, Lawyers & Consultants, give consultancy and participate on behalf of their clients in public procurement through the presentation of tenders, and fulfillment of pre-contractual documentation. Our firm members are also in the position to prepare studies, drafts and pre-contractual 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.

CONCESSIONS AND PRIVATIZATIONS.

BARRERA, ANDRADE-CEVALLOS & ABOGADOS, Lawyers & Consultants, gives legal and technical advice on procedures concerning concessions and privatizations processes, review and prepare agreements, elaborate bases for bid invitations, analyze offers and other complementary documents. Our experience includes providing consultancy for the public sector and its enterprises as well as for the private sector that participates in these contractual processes.

We have firm members that are experienced in the assessment of ongoing business, in the preparation of tender documents and/or private administration of public services, in the establishment of performance indicators, financial management, budgeting, and strategic planning. As one of the many examples where our firm has given advice and representation, we were selected to conduct the concession of the Esmeraldas Port Authority, in order for private firms to operate the port facilities.

PARTNERS.

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DR. LUIS ANDRADE NIETO.

- Doctor en Jurisprudencia y Abogado: estudios en la Universidad Central del Ecuador, en Quito.
- Post-grado en la Universidad de Nueva York
- Profesor universitario en la Universidad Central y la Católica de Quito
- Magistrado alterno o conjuez en las Cortes Superior de Quito y Suprema del Ecuador
- Concejal del Municipio Metropolitano de Quito
- Vicepresidente y Alcalde de la ciudad de Quito
- Miembro del Colegio de Abogados de Pichincha (Quito)
- Tesorero, Vicepresidente y Presidente del Tribunal de Honor
- Consejero de la Federación Interamericana de Abogados
- Vicepresidente Nacional de la Unión Internacional de Abogados
- Presidente de la Asociación Ecuatoriana de Propiedad Intelectual
- Presidente del Capítulo local de la Asociación Internacional para la Defensa de la Propiedad Industrial.
E-mail:.

DR. PATRICK BARRERA SWEENEY.

Born in Philadelphia, USA in 1957. Attorney at Law and Doctor in Law of the Catholic University of Ecuador in 1984. Master in International Relations of the Johns Hopkins University, SAIS in 1986. International and American Law at the Southwestern Legal Foundation in 1987. Legal adviser at the Central Bank of Ecuador’s Technical Division, 1988 - 1992. Corporate Law professor at the Catholic University of Ecuador in Quito in 1991. Executive Director of the Ecuadorian Foundation for the Promotion of Tourism, 1992 – 1994. Director of the Ecuadorian Association of Financial Institutions, 1994 – 1998. Member of the Board of the Supervising Authority of Banks, 1994 – 1998. Member of board of the Central Bank of Ecuador, 1998 – 1999. Member of the board of the Deposit Guarantee Agency (AGD), 1998 – 1999. Member of the board of Quito’s stock market, 2000. Executive director of the Association of Trusts and Investment Funds, 2000 – 2004. Voting member of the National Council for Free Zones, 2002 – 2003; Chairman of the board of directors of Enlace Negocios Fiduciarios S.A., funds and trust company; Arbitrator appointed by the Republic of Ecuador in the claim of EnCana and Oxy, within the scheme of the Bilateral Investment Treaties with Canada and the U.S.A. (BITs). Member of the Latin America Arbitration Group of the International Chamber of Commerce. Specialized in: Banking, Finances, Government Practice, Arbitration and Mediation Energy. Languages: English and Spanish. E-mail: pbarrera .

DR. MIGUEL ANDRADE CEVALLOS.

Born in Quito, Ecuador in 1959. Attorney at Law and Doctor in Law of the Pontifical Catholic University of Ecuador in 1984; M.CL. of the University of Miami in 1985; Diploma in business administration at the ELS Language Center of the University of Oklahoma in 1980; several seminars and courses on commercial, banking and corporate law; course on Advanced Arbitration at Quito’s Chamber of Commerce. Several courses on Mediation and Preparation for Training Arbitrators. In 1984 he founded the law firm ANDRADE CEVALLOS. Has been part of the administrative bodies of financing, commercial and industrial enterprises; member of the National Council for Free Zones; local correspondent of the magazine Tax Notes International in Ecuador; professor for “Succession Processes” at the Pontifical Catholic University of Ecuador, 1990 – 1991; Arbitrator at Quito’s Chamber of Commerce since 1991; author of the book “The Management of Corporate Companies under Ecuadorian Law”. Specialized in: Mercantile Law, Banking Law, Intellectual Property, Law of Succession, Fiscal Law, Administrative Law, and Arbitration and Mediation. Languages: Spanish and English E-mail: .

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