Tax, Estate Planning and Foreign Trade

Tax, Estate Planning and Foreign Trade

DLA Piper Martínez Beltrán is currently working with some of the most representative domestic and international clients in day-to-day tax matters, as well as in complex operations.

Somos conocidos por nuestra experiencia en derecho fiscal internacional, planeación tributaria, planeación y estructuración tributaria, planeación patrimonial, litigios tributarios, incentivos tributarios, acceso a programas e incentivos tributarios y de Comercio Exterior. Adicionalmente, nuestro equipo cuenta con amplia experiencia en materia cambiaria internacional relacionada a proyectos de inversión extranjera y operaciones de comercio exterior. Adicionalmente, nuestro equipo cuenta con amplia experiencia trabajando con Zonas Francas.

Nuestro principal diferencial con respecto a otras firmas de derecho tributario en Colombia es nuestro enfoque internacional, nuestro conocimiento en acuerdos de doble tributación y nuestro profundo conocimiento de la regulación internacional y las diferentes alternativas que podemos ofrecer a nuestros clientes para garantizar su eficiencia, operación adecuada, seguridad y transparencia.

Además de contar con un equipo altamente especializado a nivel local, nuestra firma trabaja de forma armónica con las distintas oficinas de DLA Piper en Estados Unidos, Europa y Latinoamérica, respondiendo a las necesidades de nuestros clientes con enfoque global. Tenemos un equipo de abogados totalmente integrado con capacidades para ayudar a los clientes prácticamente en cualquier parte del mundo con conocimiento de primera mano de las regulaciones aplicables en cada jurisdicción.

Our services include:

  • Asesoría en impuestos del orden nacional, departamental y municipal.
  • Asesoría en materia de derecho tributario internacional.
  • Asesoría en el diseño y planeación de reorganizaciones empresariales, inversiones nacionales e internacionales y compraventas de activos.
  • Acompañamiento en procesos judiciales y administrativos relacionados con temas tributarios y manejo de riesgos tributarios.
  • Asesoría y representación en asuntos cambiarios, particularmente en lo relacionado con endeudamiento externo e inversiones internacionales.
  • Asesoría tributaria en planeación patrimonial y sucesoral.
  • Asesoría tributaria en materia de compra y venta de activos.
  • Asesoría tributaria en proyectos de financiación.
  • Inversión y desarrollo de proyectos eficientes y productivos.

Area Specialists

Partner
Senior Associate
Associate

Energy & Natural Resources

Energy & Natural Resources

DLA Piper Martínez Beltrán is a leading firm in the Energy and Natural Resources sector. Our team has vast experience in energy, renewable energy, oil and gas, water treatment plants, among others. The firm advises clients on the development of supply agreements, access to the distribution networks and transport systems, tax strategies, mergers and acquisitions transaction and advice in the day to day of its operations.

Likewise, we represent industry clients in proceedings before the competent authorities and provide advice on regulatory matters, obtaining environmental licenses, prior consultations, project structuring, and negotiating power purchase agreements (PPA) and structuring public and private partnerships (PPP).

Partners specialized in the sector

Partner
Partner

Customs and Foreign Trade

Customs & Foreign Trade

At DLA Piper Martínez Beltrán we have a team of experts advising national and international companies in foreign trade, customs, and foreign investment.

We have broad experience in customs valuation, tariff classification, rules of origin, free zones, and customs litigation.

Our clients highlight our ability to turn difficult problems into simple solutions, adjusted to the Colombian legal framework.

Partners specialized in the sector

Partner
Partner

Insolvency and Restructuring

Restructuring & Insolvency

Our Reorganizations and Insolvency practice area is based on an essentially economic and financial perspective, which makes it a powerful tool at the service of our clients, whether debtors or creditors, to reduce the costs associated with the business crisis and to identify the different opportunities that are presented for the subjects involved in the debtor’s crisis.

Our goal is to find efficient and creative solutions that adds value to companies in financial distress situations, by way of corporate operations, private instruments for restructuring liabilities, and recovery or liquidation processes.

Our accumulated experience allows us to offer the structuring of more reliable guarantee schemes to facilitate credit and provide certainty for recovery, as well as to advise and promote cross-border insolvency procedures.

We represent insolvency companies, their managers, owners, creditors and investors.

Our services include:

  • Private reorganizations and dissolutions.
  • Bankruptcy and post-bankruptcy financing operations.
  • Business reorganization process.
  • Judicial dissolution process.
  • Process of judicial validation of extrajudicial agreements.
  • Extraordinary recovery instruments (Decree 560 of 2020).
  • Insolvency of small companies (Decree 772 of 2020).
  • Structuring of guarantees for credit operations.
  • Operations for the acquisition of assets of companies in crisis.
  • Acquisition operations of companies in crisis.
  • Acquisition and disposal of NPLs and REOs.
  • Cross-boarder insolvency.
  • Insolvency of financial entities, cooperatives, for health sector and utilities.
  • Contest for illegal gathering of resources from the public.
  • Revocation of fraudulent acts.
  • Responsibility of partners and administrators.
  • Insolvency of territorial entities (Law 550 of 1999).

Area Specialists

Partner

Crisis Management

Crisis Management

DLA Piper Martínez Beltrán provides specialized advisory services regarding supervening or contingent events that have a high sensitivity for our clients given their economic, reputational, operational or commercial impact.

The Firm has a permanently available interdisciplinary team to evaluate the scope of the contingencies faced and propose strategies to allow our client to minimize the expected impact and seek solutions in the short, medium and long term.

Our interdisciplinary Crisis Management team includes both the Firm’s specialized lawyers and external consultants in the fields of media, image management and Public Relations (PR), a combination that has had outstanding results in several of the most relevant cases in the country.

Our services include:

  • Assisting different clients of the real sector and the financial sector regarding control and inspection visits made discretionally by the different competent supervisory authorities.
  • Advising different clients in situations that could give rise or have given rise to massive or catastrophic damages, with a high reputational and financial impact for our clients.
  • Advising our clients in the management of environmental contingencies in connection with the spillage of polluting substances, emissions or aerial spraying.
  • Assisting producers in contingency proceedings regarding defective products and recall campaigns for their products.
  • Advising different companies and individuals in mediatic situations that could have legal repercussions.
  • Structuring short-term strategies to minimize the negative impact of administrative orders for permanent or temporary closures, reprimands, penalties, or precautionary measures.
  • Strategic direction for the defense of the legal interests of the client against smear campaigns, defamation acts or dissemination of false, inaccurate, or imprecise information.

Area Specialists

Managing Partner

Insurance & Torts

Insurance & Torts

DLA Piper Martínez Beltrán has a recognized track record in representing domestic and foreign clients in negotiations and processes aimed at obtaining compensation for damages.

Our Firm has a highly specialized legal team for the analysis of the different elements of liability in order to structure actions and defenses for clients to receive comprehensive assistance in relation to the filing of compensation claims or those that may be filed against them.

Our team also has a qualified group of external consultants in damages, which includes technical, financial and accounting experts. In the same way, it has a solid team in litigation and insurance matters, which supports compensation claims.

Our services include:

  • In-house analysis of the client’s contractual and tort relationships in order to assess the legal and evidential viability of a claim for compensation for damages.
  • Advising in the early stages of a claim, in order to provide advice on the implementation of strategies to consolidate the claims or the means of defense available to the client.
  • Legal and financial analysis and determination of economic losses.
  • Legal analysis of non-economic losses.
  • Advising in the formulation of defense strategies.
  • Analysis of the sources of risk from which a client may face a claim for compensation for damages and the implementation of strategies to prevent such claims.
  • Representing the client’s interests before the ordinary or arbitral jurisdiction.
  • Advising in the filing ofclaimsthat enhance the strengths of the cases proposed by a client.
  • Representing the client’s interests in the negotiation of compensation claims.

Area Specialists

Partner

Labor & Employment Law

Labor & Employment Law

The current needs of employers generated by changes in the market and economic policies, technological changes, globalization and global mobility of the workforce, as well as a growing increase in the regulatory framework related to the fulfillment of their corporate and ethical obligations, means that the challenges in labor and employment matters for companies in Colombia are greater than ever. The Labor and Employment Law practice area of DLA Piper Martínez Beltrán advises domestic and international clients in connection with Colombian labor and immigration regulations and the management of labor relations.

We seek to generate synergies with our clients, in all aspects and areas where the client carries out activities in the ordinary course of business. We offer proactive advice in finding solutions, managing risks and generating efficiencies in personnel management.

We also advise a variety of clients ranging from start-ups, through medium and large-sized local companies, to large multinationals in Colombia.

Our services include:

  • Advising on matters related to individual, collective and social security labor law.
  • Advising on immigration law matters.
  • Advising on the structuring and implementation of compensation plans and retirement plans.
  • Development of human resources policies and procedures.
  • Collective bargaining agreements.
  • Due diligence in labor matters.
  • Labor and administrative litigation related to labor matters.
  • Advising and representing clients in different proceedings before administrative authorities in Colombia.
  • Training Human Resources areas of our clients in labor law matters.

Area Specialists

Partner

Competition

Competition & Consumer

We have broad experience in advising companies, organizations and associations in matters related to the promotion and protection of competition, consumers and unfair competition.

In recent years, the DLA Piper Martínez Beltrán has led the defense of important associations such as the sugar, food and beverage association, the banking association and several technology companies in investigations for anticompetitive practices, achieving the acceptance of guarantees by the competent authority, as well as strategic advice on legal, technical and economic terms. On the other hand, our Competition team has managed to obtain authorization for integrations in the agricultural, pharmaceutical, automotive, energy, mining, oil, and advertising sectors, among others.

Likewise, we have represented several companies in their search for justice by competitors that implement unfair policies and acts in the market, in order to obtain compensation for the damages caused or preventing the consolidation of unfair practices.

Additionally, our Competition team has broad experience advising clients of all kinds of industries in the creation and implementation of their policies and best consumer protection practices in order to avoid any risk or controversy resulting from the consumer relationship and additionally, to establish a loyalty relationship between both parties. We offer preventive solutions for the optimal operation of our clients’ businesses.

Our services include:

  • Representing our clients before the Superintendence of Industry and Commerce in investigations on anticompetitive practices.
  • Assisting our clients in proceedings to notify business integrations and requests for pre-evaluation before the Superintendence of Industry and Commerce, Financial Superintendence and the Colombian aeronautical authority – Aeronáutica Civil.
  • Advising on the implementation of internal competition policies.
  • Representing clients in disputes arising from unfair competition.
  • Representing clients in matters related to consumer protection.
  • Advising on the development and implementation of internal consumer protection policies.

Area Specialists

Partner

Banking and Finance

Banking & Finance

Our Banking & Finance area is one of the main reference areas in DLA Piper Martínez Beltrán. Being fully aware of the changes that are taking place, our team of lawyers has a high degree of specialization in all kinds of financial operations of a national and international nature.

As leaders in this practice area, we have represented some of the most important and representative financial institutions, investment banks, private equity and investment funds and FinTech companies in the market. Our experience is focused on complex transactions, such as high-profile debt restructuring (project finance), structured and corporate finances,acquisition financing, guarantees, capital increases, public tender offers, design of leasing agreements and derivative products, just to name a few. Our team is fully integrated with other practice areas of the Firm, which allows us to tailor our services to each of our clients´ needs in a comprehensive manner and efficiently address them in the competitive environment and the requirements of each industry (such as tax, real estate, insurance, technology industries, among others).

Our services include:

  • Structuring of financial transactions, such as corporate financing, project finance (project finance), acquisition finance (acquisition financing), asset-based lending (asset-based lending), asset-based lending (cash-flow lending) and leveraged finance (leveraged finance)
  • Advising in financial regulation.
  • Preparation of contracts an accessories to the banking business, such as guarantees, promissory notes, trust contracts, pledges and mortgages, among others.
  • Auditing financial institutions in its compliance with applicable regulations
  • Assisting in obtaining banking licenses, establishing representation offices and negotiating correspondent agreements.
  • Advising local and international issuers in connection with capital market regulations
  • Advising international banks and local companies in the issuance of securities under Rule 144/Reg S
  • Advice on the issuance and legal structuring of issues of private and public securities, including securitization.

Area Specialists

Managing Partner
Partner