Our fields of expertise
Our office incorporates companies and provides advice according to the needs and the resources of the start-up investor, and assists him in obtaining funds from traditional or Islamic banks as well as from the various financial institutions. Our office ensures the follow-up of the incorporation process and helps the company to prosper in an appropriate legal environment in order to avoid difficulties and obstacles. Secondly, our office proceeds with the various necessary publications and registrations. Afterwards, we ensure the conclusion of all the contracts required by the company with the staff and the customers. Among our office tasks, we can establish the minutes of companies ordinary and extraordinary general assemblies as the law enables the lawyer to be a counsel and attend the general assemblies.
Our office provides the required mechanisms for developing franchise agreements, ensures the legal assistance for setting the franchise distribution network and drafts franchise agreements, which require a thorough understanding of the process, according to its several phases. To put the company on the right track, we provide legal and technical guidance along with the following-up of all necessary administrative procedures and giving relevant legal advice and consultations.
Hence, on the one hand, we assist the franchisor seller of the franchise in order to find the adequate purchaser, to settle and develop his trademark throughout the Tunisian territory. On the other hand, we assist the franchisee that received tenders, in commenting their agreements and in choosing his project execution team.
Besides, we promote the Tunisian experience to facilitate the distribution through the new international method of marketing.
We take in charge the drafting of the contract agreement and the manual, which require mandatory provisions without which the agreement becomes null and void, while ensuring the coordination between the different concerned parties in order to implement the operation and correct the process legally.
Our office provides the following arbitration services:
Drafting the arbitration clause: Drafting the arbitration clause requires knowledge and expertise in order to avoid parties’ startle response when figuring out that the arbitration clause is null, aberrant or other. These questions should be checked since the agreement drafting in order to avoid flawed clauses which would jeopardize the arbitration process. This requires the manifestation of parties’ consent and accuracy in writing down their requisites, hence, relevant regulations should be known.
-Performing arbitration as a lawyer: The lawyer has to follow different and specific phases and procedures of the arbitration process, to conform to deadlines and to coordinate continuously between the different parties.
-Performing arbitration as an arbitrator: We conclude all necessary arbitration procedures, given that we have attended several internships in the arbitration field, our office fulfils the follow up of all the arbitration procedures especially that Mrs. Dora JELIDI BOUCHAMAOUI is an arbitrator within the International Islamic Centre for Reconciliation and Arbitration.
We help investors settle and create their companies or enterprises or establish their factories, through showing them the shortest routes in a legal certainty and presenting the right information to clarify the appropriate regulations applicable to the different needs of the company such as commercial, social, fiscal, customs regulations and others, especially the new Tunisian law of investment. This is to be done through comprehensive legal and administrative assistance with clear, effective and useful studies and presentations.
Our office takes in charge real estate files in terms of registration, registration update at the lands services directorate with all procedures related thereto; such as developing files, obtaining authorizations and required administrative documents while insuring the follow up either at the lands tribunal, the lands registry, the administrations, notaries or any other party concerned with the real estate transaction.
We guarantee ownership rights for natural persons and legal entities (company) through studying and checking the legal status of the real estate before its purchase; verification of its compliance with the urban planning and lands registry, its real value and an overall study of its legal situation.
Our work consists in assisting the plaintiff to assert his rights on the one hand. On the other hand, we aim at saving the accused persons from groundless and unfair accusations or reducing the sentences (sanctions) through invoking mitigating circumstances. This requires a follow up of the case file held by the police and the sitting judge since the beginning, whether the judge’s verdict is to be rendered while the accused is in detention or free, according to the legal practices required by the tribunals. We also ensure the correct application of the law and procedures, the clarification of the accurate facts to the judge and require the respect of principles and the most favorable laws for the accused especially the right of defense principle.
Our office conducts brilliant analyses in this field, given the academic qualification of Dr. Dora JELIDI BOUCHAMAOUI and her doctoral thesis entitled: “Islamic financial contracts and positive law” with a study applicable to Islamic banks.
Islamic financial files are our specialty, as we are specialized in the understanding of financial transactions pursuant to the Islamic method, conforming to the “Sharaique standards” along with the principles, legal rules and the laws in force.
Our specialty is to study the legal files of the Islamic financial banks and institutions or the files of the clients dealing with them.
we are also skilled in drafting all types of Islamic financial contracts, their elaboration according to “Sharaique standards” and legal texts such as the Mourabaha, the contract of Moudharaba, the contract of Ijara (Islamic leasing) and the Salam banking contract taking in consideration the sharaique and legal mandatory rules. We can also propose standard and functional contracts related to those operations.
We also establish the Mouchâraka Moutanakiça contract and propose methods of agricultural financing such as the contract of Mouzaraâ, the contract of Mouçakâte and the contract of Moughâraça, on sharaique and legal grounds.
We also have experience and competence in the field of the elaboration of banking files according to the Sharaique and legal conditions for obtaining the preliminary agreement and funding by the Islamic bank. In particular, we help start-up investors to develop legal demands conforming to sharaique standards, in order to be accepted by the “sharaique committee” of the Islamic financial institution.
We conduct sharaique and legal audits for institutions on the one hand, and for sharaique contracts on the other hand, in order to identify the gaps. We also proceed by clarifying the sharaique standards in order to reconcile the judge's legal points of view, through correspondence and direct meetings, to convince with the Islamic product and its various application rules which became compatible with the diverse legal rules, especially after the promulgation of the Tunisian banks and financial institutions law.
Our office ensures the follow up of debts. If our client has an evidenced debt incurred with third party that remained unpaid, we can help him to recover it through foreclosure on his properties.
Our office conducts investigations on the apparent or hidden properties held by the third party failing to pay. Our office is known for its seriousness in the investigation operations concerning the debtor’s situation, the value of his companies, his assets and the accuracy of the provided securities and we ensure the follow up of debt collection.
We ensure the follow up of the oil legal files along with the ministry in charge of fuels in order to issue “the Petroleum titles”, the acquisition of exploration authorization and exploitation advantages, the follow up of the consultative board’s resolutions, obtaining extensions, drafting applications, keeping a record of the oppositions for obtaining or cancelling exploration authorizations and drafting of different contracts. We also draft and communicate all the applications related to the Petroleum Title, its renewal, area extension or its withdrawal according to clients’ needs and the required procedures by the directorate general of energy. We also proceed by elaborating the diverse contracts related to the service companies, active in this field.
Our office registers trademarks pursuant to the Tunisian law related to the protection of brands and trademarks, which is the law protecting trademarks, and according to the general terms of Madrid International Convention and the official classes of goods and services agreed upon in the Nice Convention. We also ensure trademarks’ registration abroad, especially in Africa and Gulf countries.
These services are in the scope of the specialty of Mrs. Dora JELIDI BOUCHAMAOUI whose master’s degree dissertation was about: “disparity of worship in the Tunisian civil law” mainly outlining: the marriage of a Muslim woman with a non-Muslim man, adoption in Tunisian law, legitimacy of non-Muslim heritage. These are critical issues and our office provides the legal advice and sharaique solutions in order to overcome them.
Our office assists foreign students in obtaining residence permits (Africans, Maghrebians..). We also provide legal assistance for the accommodation of foreign patients in Tunisian hospitals, given our old and renewed experience in this field. We also fulfill all the procedures and the follow-ups for any individual who is eligible for a foreign nationality such as the French or the Tunisian nationalities.
Our office provides legal assistance by the administrative departments, the ministries, the governmental and international institutions concerning:
1. The follow up of the different files submitted to the administrative departments
2. Acting on behalf of the company before different administrative bodies, obtaining all necessary authorizations, certificates and official documents issued by different authorities and service providers.
3. The Collection of the documents on behalf of the customer, including the documents and means held by different institutions and the verification of their compliance with the laws and regulations and the validity of the legal procedures.
We are also entitled to report any gaps with the purpose of adjusting or avoiding them, which guarantees the rights of companies and the rights of individuals.
We communicate the legal documents and the required oppositions, according to the needs of our clients, in the different administrations such as the banking, taxation and customs administration… in order to avoid any administrative conflicts.
Our office provides assets administration services to clients such as:
1. Continuous legal assistance at the administrative departments related to taxes, electricity, water and municipal fees payment …
2. Collection of clients’ debts and payment of the commercial premises rent
3. Drafting and terminating lease contracts along with any procedures related thereto, through proxies.
4. Legal representation of our clients regarding their businesses and their assets, including the clients residing abroad, and providing them with a domiciliation.
Following the enactment of the joint insurance law, Tunisia has adopted the combined insurance. Our office provides services related to both regimes according to the clients needs.
Insurance is generally characterized by special procedures. However, added to the legal and procedural services related to insurance matters and traffic accidents, our office is specialized in legal advice, contracts and actions in the field of joint insurance requiring thorough knowledge of Sharaique standards and legal rules.