Areas of Expertise
At Muci-Abraham we advice local and international investors in diverse areas of Public Law, particularly with respect to administrative, tax and regulatory issues.
On the basis of our experience, we offer qualified advice and representation in judicial and administrative controversies to our clients in matters related to the constitutionality of the laws and sector regulations; expropriations of national and international investments; free competition; banking, insurance and securities markets activities; protection of users and consumers, aeronautical law; urbanism and environment and taxes in general.
- Banking, insurance and securities markets
At Muci-Abraham we have a long and rich experience in the world of banking, insurance and securities markets. Several of our members have held positions as directors in a number of banking institutions, exchange houses and insurance companies which has afforded them the opportunity to know the needs of the corporations in this sector.
The Firm offers general consultancy services to its clients, including their relations with administrative agencies. We also represent and advice our clients within the framework of administrative applications and before the authorities or in authorization administrative procedures or any other of a sanctioning nature.
- Public hiring
At Muci-Abraham we have given advice to private corporations and to entities of the Public Administration in several matters related to administrative procedures for bids and other rules governing public hiring.
- Sanctioning administrative law
Currently, our legal system increasingly regulates with more detail and depth a wide range of sectors and economic activities, establishing limitations and creating control agencies with ample sanctioning powers. Large, medium and small corporations from the most varied industrial and commercial sectors have become intensively regulated by state provisions and agencies in matters of user and consumer protection; customs and national taxes; health, prevention and labor security; industry and commerce, exchange control, air, maritime, river and land transportation of persons and merchandise, domiciled public services, among many other areas.
At Muci-Abraham we constantly advice our clients to adjust their policies and practices to the provisions that regulate their activities, in order to mitigate any risks of administrative illegalities. We further offer advice and representation at the time of execution of any inspections or inquiries started by state organs in matters of cost and price controls; exchange regulation, air, maritime, river and land transportation of persons and merchandise; telecommunications, prevention and labor security and customs and national, state and municipal taxes, among others.
- Aeronautical law and commercial aviation
At Muci-Abraham we have ample experience in counseling the international air transportation sector – passengers and cargo – representing our clients in their relations with the regulatory agencies of the aeronautical activity, as well as assistance in judicial actions for civil responsibility and administrative litigation.
- Expropriations and state liability
At Muci-Abraham we have offered advice with regard to expropriation measures of national and international investments, as well as other matters related to claims brought before public authorities as a result of the patrimonial damages and infringement that may result from State actions.
- Constitutionality, scope and interpretation of laws
The Firm offers advice with respect the constitutionality, scope or contents of Laws, Decrees-Laws and Regulations.
We are experienced in litigations matters referred to the unconstitutionality of national laws, as well as law collision conflicts, as representatives of both the public and the private sector.
- Free competition
At Muci-Abraham we offer advisory services to our clients in matters related to free competition and antitrust matters. Throughout the years, we have assisted and represented well known national and international corporations dedicated to air transportation, the energy and pharmaceutical sectors, as well as beverage bottling companies, in complex matters subject to debate before the authorities in charge of ensuring free competition and in litigation before the administrative courts.
- User and consumer protection
Muci-Abraham offers consultancy services to provide orientation to the manufacturers of goods and the provision of services to adjust their practices and policies to the legal provisions and thus, give proper compliance of the rules and obligations imposed by the special rules that regulate the relations with users and consumers. We also give advice and render representation services in the defense of the rights and interests of our clients with regard to sanctioning administrative procedures filed with regulating entities, as well as in the preparation and follow up of any judicial actions against unfavorable administrative decisions.
- Taxes, duties and customs
At Muci-Abraham we offer advice in tax related matters and we offer assistance and representation before the tax and the national, state and municipal customs administration.
The Firm has advised and represented well known local and foreign corporations of the international air transportation – of passengers and cargo – sector, the banking sector, the tobacco industry and the automobile industry and to individuals in diverse tax matters, through the drafting of legal opinions and reports, together with assistance in the preparation, filing and follow up of consultations, declarations and applications or the preparation of administrative and judicial recourses, the design of strategies and the follow up of procedures and trials.
- Urbanism and environment
Throughout the years, Muci-Abraham has offered advice to the construction industry and to a number of companies dedicated to the development of complicated tourist and residential facilities in accordance with applicable urbanism and environmental rules and in the defense of its rights and interests in administrative and judicial procedures.
At Muci-Abraham we advice our clients with respect to all kinds of matters related to Corporate and Commercial Law. Also, we offer advice on matters related to the protection of minority shareholders and takeover bids. Satisfying the growing corporate needs of our clients is a priority of the Firm.
- Contracts
The Firm is highly experienced in the advice to clients regarding the design and execution of negotiations and contracts of remarkable complexity involving national and foreign companies allowing it to give optimum quality services to satisfy the needs of its clients.
- Protection of minority shareholders
The Venezuelan laws guarantee the rights and position of minority shareholders and it has established several mechanisms to materialize such protection. At Muci-Abraham we advice and represent investors holding a minority position in companies in which they hold an interest.
- Corporations
At Muci-Abraham we offer advice and assistance to start up, widen or modify the operations of investors wishing to establish a new business or to cover new markets by giving specialized assessment ranging from the design of the legal structure of the company, the performance of the required steps for the incorporation of the company, the impact of laws and regulations with respect to matters such as foreign investment, taxes and money laundering issues, among others, as well as obtaining the necessary state authorizations required for the start-up of the business or the incursion in new areas.
In matters related to civil law, at Muci-Abraham we count on our vast experience in rendering advice and representation to our clients both in and out of court. We further offer advice and orientation in mediation and the alternative resolution of their conflicts.
- Contracts
At Muci-Abraham we assist our clients in the negotiation, preparation and execution of several kinds of civil contracts regarding real and personal property and with regard to judicial actions resulting from any default or the out of court resolutions of any controversies that may arise as a result thereof. We offer orientation and advice to improve the protection and safeguarding of the rights and interest of our clients at the time of entering into any contractual obligation.
- Family
The Firm has vast experience giving advice to clients in negotiations and court actions related to the dissolution of family bonds and the distribution of its assets, partitions and other alimony and child support issues, child rearing and custody, among others. We also offer assistance and representations in actions, requests and procedures before family and protection courts and before protection councils and child advocacy groups.
- Torts
Under certain circumstances, people find themselves involved in legal relations that do not result from the execution of contracts but from unforeseen situations that may compromise their assets, resulting in civil liabilities and even generating judicial consequences. Muci-Abraham & Asociados has ample experience in the resolution of these situations and offers its assistance and orientation to face and overcome these circumstances.
- Estates and donations
The Firm offers advice with respect to estate matters, wills – testate or intestate – partitions, challenges or the judicial defense of testamentary provisions, as well as matters related to estate declarations or donations.
At Muci-Abraham we are experienced in representing and defending the rights of our clients before administrative authorities and ordinary, constitutional administrative and tax courts, designing the strategies, preparing the actions and following up on trials. Also, we advice and represent our clients in matters related to commercial and investment arbitration.
- Constitutional injunctions
Constitutional injunctions are mechanisms designed to repair the violation or the threatened violation of fundamental rights. At Muci-Abraham we have represented clients in the defense of their fundamental rights and public liberties though the filing of recourses or defenses resulting from actions for constitutional injunction.
- Commercial and investment arbitration
There are times when parties having a conflict or a commercial dispute may decide to submit such matter to an arbitration court instead of an ordinary court. At Muci-Abraham we advice and represent our clients in arbitration procedures, whether as plaintiffs or defendants.
The purpose of bilateral investment treaties is to establish clear rules to protect, benefit and assure the fair and equitable treatment of the foreign investments of private parties among the countries that are parties to the agreement. Many of these treaties include clauses that empower centers of international arbitration and conflict resolution in matters of international investment, to resolve any disputes or differences that may arise with respect to the investments made by the subjects covered by any such treaties. The Firm has collaborated in international investment arbitration procedures on the occasion of expropriation procedures started by the National Executive against foreign investors.
- Expropriations and state liability
The constitutional principle of asset intangibility protects and guarantees private property of individuals against expropriations and damages infringed by the State on individuals. At Muci-Abraham we have represented national and international clients in their patrimonial claims resulting from the acts of the public administration, both through previous administrative actions as well as through the filing of judicial actions for patrimonial liability against the State; as well as judicial actions resulting from expropriation measures executed against our clients.
- Constitutionality, collision and interpretation of the law
At Muci-Abraham we have participated in several trials that have debated to unconstitutionality of national laws, as well as other cases where there is doubt with respect to the interpretation or application of several rules in colliding situations. These controversies fall within the so called concentrated control of the constitutionality of the laws and its competence is attributed to the Constitutional Chamber of the Supreme Court of Justice. The solid knowledge of our attorneys and their experience in public law litigations qualifies them to render first class advice and judicial representation.
- Civil and commercial litigation
The firm also offers its judicial representation services in disputes of private law. At Muci-Abraham we are experienced in the handling of civil trials, family law issues, contract enforcement, prohibitions and evictions, collections, foreclosures, torts, among others; as well as commercial matters, including shareholder disputes, bankruptcy and moratorium procedures regarding commercial obligations and securities.
- Tax litigation
The administrative activities performed by national, state and municipal agencies in charge of the tax administration can be judicially controlled through the tax-contentious and administrative-contentious courts. The sanctions and remedies resulting from an alleged violation of formal or material obligations shall comply with the legal/technical and regulatory requirements provided by the laws.
At Muci-Abraham we offer advice and representation services in tax and customs disputes as a result of the imposition of penalties to clients who perform their activities in the most diverse economic sectors, through the design of procedural strategies, the drafting of recourses and continuous follow up until final resolution.
- Claims against the public administration
One of the largest areas of expertise of the Firm focuses on litigation regarding control of the actions of the public administration and the defense of the rights and interests of our clients, judicially. At Muci-Abraham we have participated in multiple administrative litigation as representatives of banking institutions, insurance companies and exchange houses; air transportation corporations, the tobacco, tourism, automobile, pharmaceutical industry, among others, as a result of unfavorable measures issued by the administrative authorities.
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