ABOUT US

LEGALLY BINDING

WHO ARE WE?

Legally Binding is based on principles of legal synergy, supporting clients with harmonized solutions covering a wide spectrum of compliance. It often happens that a practical situation faced by a client that calls for legal involvement requires multidisciplinary approaches in order to identify the optimal solution. This is where the Legally Binding construction comes in, giving the client access to specialist lawyers in their practice area, with vast expertise, who will work together to provide the client with the comfort of a flexible, harmonised, structured and customized legal solution. The Legally Binding approach ensures cost efficiency for the client, without discounting the quality of legal services and the coordination of the specialist lawyers involved, in order to fulfill the mission or project.

Legally Binding offers not only punctual solutions to various legal issues, but also constant legal support, customized to the current needs of companies. “Our objectives are to understand in detail the specificity of each individual business, so that the legal solutions proposed meet not only the need for compliance, but also bring added value to the development and sustainability of the company” – Mrs. Av. Denisa Benga

DENISA BENGA

MANAGING PARTNER

Ms. lawyer Denisa Benga, Managing Partner, has an extensive expertise of 15 years in the field of business legal consultancy, providing high-quality legal support to both national and international companies in various fields, such as environmental law, competition law, administrative litigation law , M&A, complex due-diligence procedures, litigation and arbitration, real estate, intellectual property, contract negotiations, transactions and mediations, foreclosures.

Ms. lawyer Denisa Benga is the promoter of legal consultancy in the field of waste management,a niche field, which has evolved significantly over the past 15 years. The complexity of the field of environmental protection, especially that of waste management (packaging, electrical and electronic equipment, batteries, textiles, landfills, collection, recycling and recovery processes, implementation of procedures at the level of local public authorities) and the constant innovation of companies for the identification of the most effective solutions to support the phased and ambitious implementation of the principles of the circular economy at the European level implicitly determines for them a permanent exposure to sanctioning risks, within the framework of their own strategic approaches to comply with environmental obligations, from which both nature implications arise administrative litigation, as well as of a fiscal nature – part of the environmental obligations generating significant sanctions, subject to a regulatory framework that follows the legal regime dictated by the Fiscal Procedure Code.

Ms. Denisa Benga is recognized in the field of environmental consulting not only for the “out of the box” solutions offered to clients in complex situations, but also for the favorable solutions obtained in administrative and fiscal disputes with public environmental and fiscal authorities, which led to the modification environmental and fiscal practice and legislation, and for the activity supported on the legislative level, regarding successful “law ferenda” approaches, in the sense of harmonizing the national legislative framework with the European one in the field of waste management.

LEGALLY BINDING

AREAS OF PRACTICE

Business Legal Consulting – Legal support for companies, from formation to phased development of business areas. Our professionals assist both entrepreneurial initiatives, providing tailored legal advice to start-ups facing bureaucracy and the complexity of legal obligations arising from a dense and constantly changing legislation, as well as innovative constructions and development of established companies on the market. We offer strategic, functional legal support applied to the specificity of planned operations and advocacy support in dealings with central and local public authorities.

Assisting and representing clients covers various areas of practice in the field of business civil law.

COMMERCIAL & CORPORATE

Drafting and reviewing contracts, participation in complex negotiations, and mediation and conciliation procedures.
Legal assistance in asset acquisitions or full business acquisitions, due diligence procedures, collaboration, and proactive coordination in M&A processes with audit, accounting departments, external experts, consultants, and cross-border transactions.
Procedures for mergers, divisions, insolvency, voluntary dissolution.
Legal support for registration procedures with the Trade Registry Office, in the Register of Associations and Foundations, procedures arising from legislation on combating money laundering and terrorism.
Implementation of GDPR policies.
Legal support for franchise operations, accessing and managing banking and leasing financial services.
Procedures for registering intellectual and industrial property rights, drafting and/or reviewing license contracts.
Debt recovery procedures (delay notices, summonses, notifications, simplified procedures for litigious debt recovery, enforcement).
Training and compliance programs in GDPR, AML, competition law, environmental regulations, health and safety at work, and ITM (Inspectoratul Teritorial de Muncă – Labor Inspectorate).
Staged legal counseling for start-ups

ENVIRONMENTAL LAW

Legal support regarding companies’ compliance with environmental rules and obligations: selective collection and responsible recycling of waste, waste storage, reporting obligations, recordkeeping and payment of environmental taxes and contributions.
Obtaining environmental permits and integrated environmental permits.
Drafting, reviewing and negotiating transfer of responsibility contracts with collective waste management organizations and managing the contractual relationship with them.
Legal support in the relationship with the Environment Fund Administration, the National Environmental Protection Agency and the Ministry of the Environment.
Advocacy legal consultancy in the relationship with public authorities.
Trainings and compliance programs in the field of environmental protection.
Consultancy in the preparation of annual sustainability reports at the level of companies and in the field of integrating the principles of the circular economy into the activity.

COMPETITION LAW

Providing consultancy on company compliance with competition rules, identifying anticompetitive risks in transactions or contracts, assisting and representing clients in the notification procedures for economic concentrations to the Competition Council, representing and assisting clients throughout Competition Council investigations, from the moment of surprise inspections to the issuance of a decision, assisting and representing clients in the administrative and contentious procedure challenging the decision of the Competition Council, designing and implementing compliance programs for companies with competition rules and practices.
Providing legal assistance for companies to comply with rules of fair competition.
Tailored training and compliance programs based on the specific activities of clients.

LITIGATION

Assistance and representation in civil, tax, and administrative litigation before national courts, covering all levels of jurisdiction and European courts.

The client portfolio includes national and multinational companies operating in diverse professional fields: waste collection and recycling, waste transport and storage, retail and food/non-food production, real estate, financial-banking and leasing services, IT, research, creation and innovation, franchise, media and advertising, imports and exports, online commerce, courier services, and intermediary services.

CONTACT