Fondo

Practice Areas

  • Oil and Mining Industry

    Thanks to its extensive experience in the industry, SANCLEMENTE FERNANDEZ ABOGADOS S.A. has gained an exceptional insight of this sector, providing counseling to operator, service, transport, financing and power generating companies. It provides among others consultancy services in:
    • Exploration, production, transport, commercialization, refining, marketing and financing in the oil and mining industry.
    • In direct negotiation and request processes, as well as qualification and award of Exploration and Production Agreements (E&P) and Technical Evaluation Agreements (TEA) in Bidding Rounds with Agencial Nacional de Hidrocarburos, additional agreements on non-conventional reservoirs.
    • Farm Out and Joint Operation agreements and negotiations.
    • Performance of contracts during Exploration and Production stages
    • Actions before the government (administrative, environmental, tax proceedings, Certificates of No Reports)
    • Assistance during proceedings related to import and tax exemptions in the sector.
    • Construction of civil works, production facilities and transportation systems.
    • Oil and gas pipeline financing and construction
    • PMC and EPC contracts with entities in the sector.
    • Advisory in structuring and negotiation for construction, operation and maintenance of power generating plants.
    • Non-conventional energy sources.
    • Real estate management and land negotiation
    • Prior consultation and agreements with Communities.
    • Negotiation of mining concessions and contracts for extraction of mineral ores
    • Litigation regarding land claims, popular actions, writs of mandamus, union strikes, labor suits, tax claims.
    • Negotiation and assistance in individual and collective labor matters.

  • Due Diligence Processes

    Regarding due diligence processes, SFA S.A. advises foreign banks and companies requiring a thorough investigation of those companies in which they intend to invest.

    A team of professionals specialized in different disciplines carry out these activities in order to produce a final report that will enable the investor to assess and make a final decision on the business according to his specific goals. SFA S.A. has participated in several due diligence and structuring activities related to the acquisition, merger and consolidation of several companies, with or without participation of foreign investors.

    Such activities have included review of corporate, foreign exchange, labor, contractual, environmental, brand, and litigation matters. In some cases, SFA S.A. has also been in charge of financial and tax reviews. The scope of our work has included guidance and structuring of the business, due diligence activities, preparation of required legal documentation, registration with government entities, assistance in closing the transaction, etc.

  • Banking and Financial Institutions

    As one of our largest specialty areas, we provide legal advice in connection with incorporation of foreign investments in Colombia by giving comprehensive support in such process. This activity includes: structuring tax efficient investments; foreign exchange considerations; guidance in opening bank accounts; foreign exchange
    negotiation and monetization; due diligence; documentation and registration activities at the Central Bank.

    Furthermore, while our clients start their businesses in Colombia, SFA S.A. makes available to them its own facilities, state-of-the-art equipment, and top quality services, offering all administrative, accounting, tax, secretarial support, official translations and legal assistance that may be required. Once the company has been
    incorporated and or a local branch has been established; and the foreign investment has been transferred, SFA S.A. monitors and advises on business activities on a day-to-day basis. Likewise, we participate in the detailed follow-up of each and all legal
    obligations to be met in the future by foreign investors in Colombian territory.

  • Procedural Law- Litigation

    SANCLEMENTE FERNANDEZ ABOGADOS S.A. has been ranked as a leading law firm in the comprehensive handling of all types of litigation before the ordinary, administrative contentious jurisdiction and arbitration courts.
    Our Firm represents the interests of its clients in connection with the following
    matters:

    • Constitutional Actions (performance, writ of mandamus, popular and group
    actions);
    • Environmental;
    • Civil;
    • Commercial;
    • Administrative law;
    • Competition Law;
    • Taxes;
    • Labor

    Our services include advice and representation in connection with:

    • Handling of administrative procedures (administrative channels) in connection
    with public authorities of a national or local nature;
    • Handling of legal proceedings and courts of arbitration from the start of the
    dispute until their conclusion;
    • Drafting of conflict resolution contract clauses;
    • Dispute resolution mechanisms (amiable composition, conciliation, technical arbitration, etc.);
    • Preclusion of litigations;
    • Review of litigation in Due Diligence processes ;
    • Contract termination.

  • Labor Law

    SANCLEMENTE FERNANDEZ ABOGADOS S.A. ( SFA)provides comprehensive counselin labor law, social security and human resources, especially on the following subjects:

    • Drafting of legal opinions on labor laws and social security;
    • Day to day counseling in connection with labor matters in human resource
    areas, including employee selection or hiring processes;
    • Preparation or review of liquidations; (Labor and tax aspects);
    • Drafting and signing of Settlements and Conciliations before Work Inspectors and Labor Judges;
    • Legal representation for companies during labor suit proceedings with the
    corresponding control and follow-up;
    • Assistance in internal disciplinary proceedings and drafting of penalty letters and termination of employment contracts;
    • Termination of employment contracts with or without cause;
    • Drafting and processing of authorization requests before the Ministry of Labor;
    • Drafting of internal work, sanitation and industrial safety rules;
    • Conducting labor auditing processes in order to establish the current status of
    employee contracting in the company and thus prevent possible contingencies
    in the future;
    • Assistance in preparing a legal risk matrix for certification purposes;
    • Counseling in connection with occupational health, industrial security matters
    • Counseling in connection with managing incapacitated or disabled employees
    • Negotiation of collective bargaining agreements;
    • Advice on collective bargaining laws;
    • Employer substitutions;
    • Training concerning labor law or social security issues, including Coexistence
    Committees and the Labor Relations Boards of Occupational Health.

  • Environmental

    SANCLEMENTE FERNANDEZ ABOGADOS S.A. (SFA) is deeply involved in the development of
    environmental projects by advising its clients in connection with the following, among others:

    • Audit and Due Diligence in issues relating to oil and mining projects and their effects on the environment and surrounding natural resources;
    • Preparation of legal environmental and social diagnostics of companies in the extraction sector;
    • Obtaining, counseling and assistance in fulfillment of environmental licenses;
    • Obtaining, counseling and assistance in fulfillment of use, exploitation and disposal permits of natural renewable resources;
    • Proceedings before competent environmental authorities;
    • Preparation of legal opinions on environmental and corporate social responsibility areas;
    • Structuring of environmental and community areas within extraction industry companies;
    • Drafting of internal policies on environment and corporate social responsibility;
    • Assistance, empowerment and legal support in managing environmental and social crisis of companies in the extraction sector;
    • Drafting of and support of Environmental Compliance Reports;
    • Legal counseling and assistance at public environmental and social hearings;
    • Legal counseling in connection with court and out-of-court actions related to the environment and social management;
    • Legal counseling on managing prior consultations with ethnic communities;
    • Handling and resolution of environmental conflicts with communities;
    • Monitoring and legal analysis of regulations to be issued in the environmental and
    community areas;
    • Legal counseling on sanctioning proceedings;
    • Trainings and updates on specific topics related to environmental matters.

  • Tax Law

    We advise our clients in connection with all legal matters related to tax, customs and
    foreign exchange obligations by providing the following services:

    • Legal opinions in response to tax consultations;
    • Comprehensive local and international tax planning;
    • Advice and assistance in litigations and/or controversies with Tax Authorities of a local or national nature, as well as filing and prosecution of the
    corresponding judicial actions;
    • Fiscal synergies;
    • Tax claims and refunds;
    • Advice in financial operations, national and international transactions and
    mergers & acquisitions, including due diligence processes;
    • Diagnostics concerning tax situation of companies for detection and
    quantification of tax risks;
    • Tax advice for expatriates and family estate planning

  • Aviation

    SANCLEMENTE FERNANDEZ ABOGADOS S.A. (SFA S.A.) has advised aviation companies since the early 70’s. A significant portion of our practice has been devoted to representing foreign financial institutions in aircraft transactions.
    Through the years,SFA S.A. has gained broad experience and extensive knowledge of complex international transactions involving aeronautical regulation applicable to aircrafts and components in:
    • Temporary import or import for testing purposes
    • Financing
    • Purchasing
    • Leasing
    • Leveraged leasing
    • Conditional sale
    • Aircraft mortgages
    Likewise, we also provide legal advice in this sector on:
    • Obtaining operating permits and permit extensions for international air
    carriers
    • Proceedings before aeronautical and customs authorities
    • Cargo transport advise
    Our activities as legal counsel in significant transactions related to acquisition and financing of aircrafts have allowed us to develop a high professional policyand top quality standards in this area.

  • Foreign and New Investments

    As one of our largest specialty areas, we provide legal advice in connection with

    incorporation of foreign investments in Colombia by giving comprehensive support in such process. This activity includes: structuring tax efficient investments; foreign exchange considerations; guidance in opening bank accounts; foreign exchange
    negotiation and monetization; due diligence; documentation and registration activities at the Central Bank.

    Furthermore, while our clients start their businesses in Colombia, SFA S.A. makes available to them its own facilities, state-of-the-art equipment, and top quality services, offering all administrative, accounting, tax, secretarial support, official translations and legal assistance that may be required. Once the company has been
    incorporated and or a local branch has been established; and the foreign investment has been transferred, SFA S.A. monitors and advises on business activities on a day-to-day basis. Likewise, we participate in the detailed follow-up of each and all legal obligations to be met in the future by foreign investors in Colombian territory.

  • Immigration Law

    SANCLEMENTE FERNANDEZ ABOGADOS S.A. (SFA) provides comprehensive advice and document processing in connection with Colombian immigration law. SFA offers total assistance to the company and foreign national in connection with any specific required immigration process, namely: ÿ Procedures in immigration law:

    - Preparation of all documentation required for each specific immigration case; filing of applications and processing of the same to meet the
    requirements of the local immigration authorities.

    - Assistance in obtaining different types of visas, as well as temporary and long duration work permits that will guarantee the foreign national or expatriate (expat) is legally authorized to perform activities in Colombia. Visas include: work, business, resident and visas for the
    family group of the foreign national, or expat.

    - Assistance in obtaining the required approval and certification from the local professional boards or Ministry of Education for practicing of a
    profession by a foreign national intending to work in Colombia.

    - Migración Colombia: Assistance to the foreign national and carrying out all proceedings required by such entity such as authorizations, temporary permits, legal counseling during pleading proceedings.

    •Relocation Assistance:

    - Assistance in developing a relocation plan for international employees under short or long term assignments in order to meet immigration laws and local labor and social security regulations.

    - Drafting of employment contracts in line with immigration requirements,
    payroll planning, recognition of extra-legal benefits, foreign exchange
    assistance, tax planning and tax residence.

    • Ongoing legal advice:

    - Preparation of legal opinions concerning the treatment to be afforded to a foreign national or expat;

    - Diagnostic and analysis of immigration cases requiring practical solutions according to the local law, depending on the industry or needs of companies and projects;

    - Immigration audits;

    - Legal assistance in filing corrections arising from penalties, fines or requirements for immigration authorities