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Adress
25 Avenue du Carthage B 1-2, Tunis
Tunis, Tunisie
Adress
25 Avenue du Carthage B 1-2, Tunis
Tunis, Tunisie
Discoverour services
CMD LAWYER is proud to provide business law services to a wide range of clients, from start-ups to established companies, independent consultants, independent businesses and other types of businesses. We are fully dedicated to our clients and provide high quality legal services. Our firm understands the complexities of your business and can provide legal services not only to meet your short-term goals, but also to support you as your business grows.
The assistance and consulting services we offer to our clients cover mainly:
- Disputes related to cash deposits, bank transfers, securities deposits and their pledges.
- Disputes related to documentary credits, current account contracts and discounting.
- The abusive rupture of the real estate credits.
- Savings, with obscure value dates and contracts that are not honored.
- Abusive closing of current accounts without respecting the notice period provided for by Article 732 of the Tunisian Commercial Code.
- Disputes related to balances after the closing of the bank current account.
- Assistance and advice during the granting phase of a bank mortgage loan.
- Assistance and advice on the occasion of the granting of a personal or real guarantee to a banking institution.
- The drafting of contracts for the pledging of business assets to a bank.
- The judicial recovery of a bank debt.
- Garnishments or protective attachments on bank accounts.
- Bank release requests.
- The contractual and tortious liability of banks in case.
- The regularization of your legal situation following cheques issued without funds: the lifting of the banking ban.
- Disputes related to interbank remote clearing.
- Assistance in obtaining bank loans.

Our firm offers tax advice to Tunisian and international companies as well as to their managers and assists its clients in the follow-up of their possible litigations with the tax authorities in Tunisia. The taxation of private individuals is also a privileged field of expertise of our firm. Thus, we offer the following services:
- Assistance and advice in tax law and corporate taxation.
- Appeals and tax disputes before the competent Tunisian courts related to: IRPP,
IS, TVA, TPCL ,DC. DE et PLV.
- Challenges to tax adjustments.
- Negotiations and transactions with the tax authorities.

Criminal
Part of our work includes the protection and defense of the interests of our clients, whether they are companies, managers, partners or shareholders in commercial companies, in order to protect them against infringements that are mainly related to the management of the company, its accounting and results, and whether they are committed by the company managers, auditors or employees of the company.
Indeed, the business offence can be defined as the whole of the reprehensible behaviours committed against the company by a person acting within the framework of a real or fictitious company, and that this offence is for the account of this one, or for its own personal interest when the commission of this offence is related to powers of decision which this person has during the direction of the company.
Business law offences are classified according to their seriousness into felonies, misdemeanors and infractions and their perpetrators are generally :
- the legal representatives of the legal entity, whether they are the management bodies: the General Assembly, the Board of Directors, the Management Board or the executives who are natural persons such as the CEO, the Manager of the company who commit the company financially, commercially and legally.
- The de facto directors of the legal person - that is, those who have actively and regularly participated in the general conduct of the business and have made decisions.
- Sole proprietors (merchants, craftsmen, professionals and farmers etc.)
- The employees of the company.
The offences may be committed on behalf of the legal person. In this case, the organ or legal representative has acted in such a way that the legal person has benefited or would have benefited in any way from the commission of the offense.
i. Launching a deceptive advertising campaign.
ii. Tax evasion: for example, falsifying documents to obtain tax benefits.
iii. Concealment of sums subject to tax through the falsification of commercial and accounting documents (balance sheets, accounting documents, trade books, fictitious invoices to conceal the tax due to the tax authorities. This concealment can concern the profits, either by reducing the turnover or by increasing the expenses.
iv. Infringe certain patents, trademarks and designs in such a way that it seeks to appropriate the notoriety of another company or trademark and to profit from the investments of the owner of the intellectual property right without its authorization.
v. Falsifying certification or standardization certificates to give customers a false image about the company.
vi. Violations related to labor law, such as violations of working hours, hiring of minors, health and safety regulations and employee representation.
vii. Offenses related to the protection of the environment such as: pollution and nuisances that cause adverse effects on the environment and the well-being of individuals.
viii. Customs offences such as: fraud or smuggling, false designation or declaration of tariff species, undervaluation or false declaration of value, false declaration of origin or provenance, etc.
ix. Infringements related to the formalities of incorporation of the company such as: refusal to deposit documents or acts in the commercial register or failure to make the publicity provided for by the law (article 20 of the Commercial Companies Code).
x. Offences related to the subscription and payment of capital (Art 146 § 1 CCC)
xi. Infractions related to the overvaluation of contributions in kind (Art 146 §2 CCC)
xii. Violations related to the distribution of dividends, the presentation of statements
which do not reflect the true situation of the company (Art 146§3 of the CCC ).
xiii. Violations related to the establishment of an inventory for each fiscal year, a balance sheet, a management report or the appointment of an auditor if the conditions of Article 13 are met (Art 147 CCC).
xiv. Theft.
xv. Scam.
xvi. The breach of trust and abuse of corporate assets.
xvii. Forgery and use of forgeries.
xviii. The misappropriation of funds.
xix. Disclosure of professional secrecy.
xx. Corruption.

Although the firm is specialized in business law and conflicts between economic actors, this has not prevented it from acquiring a strong experience in family law disputes, which remains the cornerstone of our society. The interest given to this branch of activity is more human than financial.
Accordingly, our lawyers provide the following set of services:
- The exequatur of judgments and rulings of foreign courts in divorce matters.
- Recourse to divorce by mutual consent, for prejudice suffered, or at the unilateral request of one of the spouses
- Remedies relating to child support and custody law.
- Requests for rectification and change of name and surname.
- Applications for guardianship and adoption of children.
- Transcription of marriage certificates and divorce judgments and their mention in the civil status.

We create all legal forms of companies and startups and develop the content of documents - agreements, statutes, minutes, share transfer agreements, summons for dismissal of directors, drafting of shareholders' agreements, internal regulations and codes of conduct, settlement of disputes between shareholders and associates, negotiation of partnership and supply agreements between companies.
We also provide comprehensive and tailored legal advice and accompany companies, start-ups and individual entrepreneurs in the development and growth of their business.
CMD LAWYER IS YOUR PARTNER FOR THE CREATION OF YOUR PROJECT AND STARTUP
CMD LAWYER has also developed its activity in the field of business creation. It accompanies and assists its customers during the launching of their projects in Tunisia and abroad.
- Our mission is to help and assist our clients in the following areas
- Define to the promoter the most appropriate legal status for his company.
- Determine the feasibility of the project with the contractor or promoter.
- To inform him of his rights and obligations in view of the constant evolution of legal rules.
- To bring him the legal guarantee to create and protect his structure
- To defend its interests in case of litigation.
CMD LAWYER works with experts who are all specialists in corporate law and in the field of private equity.
offer tailor-made solutions for the benefit of our customers.

CMD LAWYER also practices in the area of immigration law. Our team of immigration lawyers can advise foreign nationals and assist them in obtaining :
- The residence card in Tunisia,
- The creation of a company in Tunisia.
- Obtaining the Tunisian nationality.
- The authorization to work in Tunisia .
Our services include the collection of all the necessary forms and documents for this purpose, the establishment of all the necessary communications, as well as the follow-up of the customer with the Tunisian authorities, including necessarily the services of foreign and border affairs.

Our firm's experience in all aspects of land law allows us to provide comprehensive legal services to our clients, including
- Land registration of property.
- The formalities for obtaining a certificate of ownership or co-ownership or the registration of an entry on the land title.
- Applications to update frozen land titles.
- The drafting of a promise to sell or a final deed of sale for a property registered on the land title.
- The drafting of the acts of precisions and the acts of sharing.
- Drafting of mortgage contracts.
- The completion of formalities aimed at obtaining the governor's authorization for the acquisition of real estate in Tunisia by foreigners. (Decree of 04 January 1957 relating to land operations and law n° 40 of 11/05/2005, completing the decree of 4 June 1957).
- Drafting of agreements concerning the right of way or the usufruct.
- The judicial division of undivided property.
- Defending the interests of our clients in their appeals to maintain their rights of possession over an immovable or a real estate right.
- Remedies for the suspension of acts that would produce disturbances against the rights of possession over real estate.
- The presentation of orders on requests for the appointment of an expert whose mission is to evaluate the value of a real estate property belonging to heirs, a company, an association etc. ....
- Procedure for the sale of a property by auction.
- The acquisition for the benefit of our customers of the housing or buildings object of the auctions.
- The work of re-establishing the milestones and the preparation of plans by certified surveyors.
- Formalities to have a copy of a topographic plan deposited at the Office of Topography and Cartography (O.T.C)

We offer consulting services related to trademark law and intellectual and artistic property. The majority of our clients are Tunisian and foreign entrepreneurs and economic operators.
We guarantee to the benefit of our clients a privileged assistance for the registration and the protection of their trademarks and industrial designs in Tunisia. In the event of litigation, in particular that concerning trademark infringement, our firm intervenes at
before the courts, the INNORPI and the Competition Council.
Among our services we can mention mainly :
- Drafting of contracts: license or assignment contract.
- Registration and renewal of national, European and international trademarks, designs and models.
- Actions for invalidity or infringement of designs.
- Unfair competition actions.
- Registration of trademarks and patents.
- File any criminal complaint for counterfeiting or unfair competition.

*Intellectual Property
The firm provides its clients with legal assistance consisting of advice and drafting of legal acts and documents in the field of labor law such as
- The drafting of employment contracts and amendments to the Tunisian law and collective agreements framework and sectoral.
- The drafting of memorials and internal regulations.
- Drafting of notices of termination of employment contracts, draft letters of warning or dismissal.
- Review of existing employment contracts.
- Industrial tribunal proceedings in Tunisia.
- Judicial and extrajudicial negotiations related to the unilateral or abusive termination of an employment contract.
- Assistance in disciplinary proceedings.
- Assistance to the election of the representative organizations of the personnel.
- CNSS litigation.

Litigation in the maritime field has many consequences and the determination of the legal responsibility of the various parties involved in the maritime field is very complex, which is why our firm has been offering a wide range of services in maritime law since its creation. Its great reactivity is well known in the field of maritime litigation and seizure of ships.
Our firm's clients include international road and sea carriers, freight forwarders, shipping agents, ship's agents, industrialists and marine insurers.
In addition to its traditional activity of handling disputes related to maritime transport law, CMD LAWYER also offers advice and amicable settlement of disputes between the various economic operators in the maritime field.
The firm offers the following legal services:
- Drafting and revision of transport contracts
- Ascertainment and reporting of damages that occurred during the transportation phase.
- Les recours judiciaires en responsabilité née du transport international maritime, terrestre et aérien.
- The collection of debts relating to sea freight.
- The presentation of orders on motions to obtain a precautionary seizure of the vessel, actions for release or the appointment of judicial experts to assess the damage caused to the goods.
- The defense of the interests of shipping agents and marine insurance brokers.
- Preparation of letters of reservation and preliminary damage reports
- Defend the interests of maritime operators before the Tunisian courts.

CMD Lawyer assists its clients in the creation of their companies.
He has qualified experience in the following areas
– Negotiation and drafting of share and company transfer protocols.
– Settlement of disputes between shareholders and associates.
– Implementation of collective procedures: judicial reorganization or judicial liquidation.
–Assistance in relations with administrators and liquidators.
–Elaboration and preparation of recovery plans for companies in economic difficulties.
–Removal of officers.
–Follow-up of legal proceedings before the courts.
– Incorporation of companies.
– Negotiation and drafting of partnership and supply contracts between companies.

Law of
Inheritance
The firm also offers services in inheritance law. We offer our clients a tailor-made service to help them achieve fair and satisfactory results.
We offer the following services:
- Drafting of voluntary sharing agreements between heirs or co-owners.
- The elaboration and obtaining of death certificates.
- Judicial remedies for judicial partition actions.
- Registration of death certificates on land titles.
- The drafting of deeds of exchange between heirs or real estate sales (building lots, houses... or the conclusion of a promise to sell.
- Payment of inheritance tax and any municipal taxes due on built and unbuilt land.
- The filing and recording of any deed or mortgage agreement with the FPC department.
- Pay any property taxes, which the buyer must also pay.

By virtue of special legislative or regulatory texts, certain products are subject to absolute prohibition on entry into or exit from Tunisian territory or are subject to restrictions, special control measures, special formalities or are subject to monopolies, including :
- For general police and public safety reasons,
- For the preservation of hygiene, health and public morality,
- For the repression of frauds in the trade of goods and manufactures of foodstuffs or agricultural, natural or industrial products,
- For the preservation of artistic, historical or archaeological heritage or for the protection of natural resources and wildlife,
- For the protection of state monopolies
- For the protection of industrial, commercial and artistic property,
- For economic and financial reasons.
With more than 20 years of experience in the field of business law and especially in maritime transport law, we have developed our skills in customs litigation to assist, represent and advise our clients in their disputes with the customs administration, whether in the transactional phase or in the jurisdictional phase.
We offer the following services:
- Defend defendants before the courts in the event of criminal proceedings.
- Submission of applications to conclude a transaction with the Tunisian customs.
- To present all requests aiming at obtaining a release or the release of goods or a sum of money following a seizure by the Tunisian customs.
- Payment of unpaid duties and taxes resulting from a customs infraction.
- Assist the offender in preparing an application stating their desire to settle with the Customs Administration.
It is important to note that the transaction is granted only subject to the approval of the competent authority.

Mastering both the techniques and the specificities of real estate and construction law, our firm builds tailor-made solutions for the benefit of developers, contractors, owners, co-owners, owners' unions, commercial tenants, design offices and associations.
With a strong experience, CMD LAWYER, offers its services in the following fields
- Drafting and negotiation of real estate construction contracts.
- Litigation that may arise from construction delays, performance bonds and contractual indemnities.
- Drafting of contracts for the management and construction of buildings.
- Disputes related to the contractor's liability and the ten-year warranty.
- Building management (residential leases, commercial leases.
- All litigation related to the acquisition of real estate, whether by mutual agreement or by judicial decision.
- Drafting of rental contracts and co-ownership regulations.
- Consultancy and assistance to trustees.
- Collection of rents and charges.
- Litigation related to business assets.
- Preparation of notification notices.
- Litigation related to the construction permit.
- Sales and acquisition of businesses.
- The assistance and follow-up of the general assemblies of the syndics.
- Obtaining approvals related to real estate development.
- Acquisition and transfer of real estate in Tunisia.
- The creation and dissolution of non-trading property companies (SCI).