Teixeira de Freitas, Rodrigues e Associados
Teixeira de Freitas, Rodrigues e Associados (TFRA) represents major national and international companies operating in the financial, shipping, automotive, steel, tobacco, agriculture, commodities and real estate sectors. The firm has a long-standing legal practice specialization counseling foreign companies and private clients.
Services include the following:
The firm assists high-net-worth individuals and families/family offices, providing multijurisdictional advice on their personal wealth structures. The firm’s services include tax planning, corporate transactions and commercial investments, residential and commercial property matters, succession issues and immigration matters. The firm advises on the structuring of investment transactions, including asset protection, risk mitigation as well as residency and tax consequences in the structuring and allocation of investments. Within this area, the firm assists private clients in relation to art and heritage property. They include artists and the families of deceased artists but also galleries and collectors on the purchase, ownership, taxation and protection of works of art.
Corporate & Commercial:
In the corporate practice the firm advises national and international investors in Portugal in setting up their corporate structures, in negotiating shareholders’ agreements, joint ventures and day-to-day corporate activity. The firm has strong experience in buy-outs, mergers and acquisitions, restructuring of companies and groups and other complex transactions.
Clients praise the firm’s tax team for its proactive attitude, foresight, knowledge and understanding of clients’ needs. The firm serves its private clients, both individuals and families, by providing tax and estate planning, including advising clients on the tax aspects of taking up residency in Portugal and advising on compensation and retirement for executives. The team also has a wide experience in tax litigation and arbitration. The firm is particularly strong in advising Portuguese, foreign companies and multinationals on matters of the Portuguese tax law and international taxation as well as that of Portuguese-speaking countries’ jurisdictions and setting up complex international tax structures for multinationals as well as family-owned groups.
Bank & Finance:
The firm has also developed know-how in the banking sector by advising local and international banks and other financial institutions in banking and finance transactions, including structured transactions, securitization, syndicated loans, corporate finance, acquisition finance and shipping financing, as well as advice on stock exchange and OTC transactions, including offerings, listings, stock loans, repos, futures, options, swaps, warrants, structured instruments, repackaging and regulatory duties.
Maritime, Transport & Aviation:
The firm has a long-standing presence in the shipping practice. The team assists on the sale and purchase of vessels, registration and reflagging of vessels, charters and leasing. Since inception, the firm has represented both shipowners and banks in ship financing operations, putting in place a variety of corporate guarantees in favor of lender banks. The Ship Arrest and Ship Litigation team has extensive experience with the second Portuguese shipping registered RINMAR. The firm also advises in road and rail transportation matters, namely establishing of licensing procedures and contracting and assists international clients in the civil aviation sector (aircraft operators and leasing companies), including the finance, purchase, leasing and sale of aircrafts, drafting Charter Agreements and Code-Share Agreements and regulatory issues related to airport infrastructure, sector regulation, obtaining air operator certificates, and the registration of aircrafts in Portugal, Brazil and Portuguese-speaking countries.
The firm assists in structuring, negotiating and executing real estate operations, including purchase, rental, sale and property exchange. The team advises on contracts of use of stores in shopping centers, as well as business and retail parks. It is also involved in funding and developing town planning, construction, real estate transactions, including administrative procedures, expropriation procedures and associated environmental issues.
Our clients rely on us for practical day-to-day guidance on numerous facets of employment law, including advice on hiring, employee relations, employment standards, prerecruitment, recruitment, negotiation and admission of employees, tax advice and management of retribution packages, resolution of labor conflicts and, in general, advice in all matters related to the labor area.
Litigation & Arbitration:
The firm represents clients in judicial and arbitration proceedings in different areas of law, through multidisciplinary teams that assure combined knowledge of the various matters, regardless their complexity.
The firm has a very relevant international client base and since inception has focuses on international operations having acquired a strong expertise in multi-jurisdictional transactions. The firm maintains strong links with the Portuguese speaking countries, mostly Angola and Mozambique, providing local advice to major foreign investors mainly in the oil industry and services
Intellectual Property & Data Protection:
Assistance in planning and implementing individual compliance programs concerning data protection rules:
Definition of rules and procedures regarding the processing of personal data (human resources, recruitment, sensitive data processing, data retention, data breaches, among others); assistance in defining new technology-based business models and advising on the launching of new services; and assistance in the evaluation, transaction, licensing and enforcement of copyright, trademarks and patents.
TFRA’s lawyers work in English, French, Italian, Portuguese and Spanish.
Amendments Approved by the Decree-Law No. 84/2021 to Consumer Rights
Consumer rights are enshrined in Article 60 of the Portuguese Republic Constitution, and in Law No 24/96, of 31 July 1996, which establishes the legal framework applicable to the consumers protection and that set forth, in its Article 4, the right to the quality of goods and services.
On 10 January 2022, the Law No 8/2022 revising the Horizontal Property regime was published, amending the Civil Code, the Decree-Law No 268/94, of 25 October 1994 and the Notary’s Code, with the purpose of introducing mechanisms to ease the coexistence in Condominiums.
With the presentation of the State Budget proposal for 2022 (“OE 2022”), one of the measures apparently already agreed between the Government and the so-called “Geringonça” parties (PS, PCP, BE, PAN, Verdes) will be the mandatory subjection of the capital gains of financial instruments, namely, shares and bonds, to the progressive personal income tax rates.