ELEN

Companies – Lawyer

We are lawyers specialising in Corporate and Commercial Law, providing legal support to businesses regardless of their corporate form or size — small, medium, and multinational enterprises, whether operating in Greece or abroad, single-shareholder and multi-shareholder alike. Indicatively:

  • General Partnerships (OE) and Limited Partnerships (EE)
  • Silent Partnerships
  • Private Capital Companies (IKE)
  • Sociétés Anonymes (AE) and Limited Liability Companies (EPE)
  • Greek branches of foreign companies

We provide legal advice on all matters of corporate and commercial law, both at advisory level and in the context of litigation. These may concern joint ventures, corporate governance issues, compliance with company legislation, transactions, support to management in handling corporate affairs, and more. We also offer support during the stage of productive investments.

In particular, our services include:

Incorporation of Companies

We assist our clients in selecting the most appropriate corporate form and undertake the drafting of all necessary corporate documents (such as articles of association, shareholders’ agreements, side agreements, etc.), offering management services as well as comprehensive support at every stage of a company’s life (share capital increases, dissolution and liquidation, revival, etc.). Our lawyers also serve on the Boards of Directors of various companies.

Corporate Advisory

We advise small and medium-sized, large, and multinational enterprises, regardless of their legal form, on every issue arising from their day-to-day operations and on their compliance with the applicable legal framework. We also assist on matters concerning the relationships between shareholders, members of management, and the company itself.

Commercial Contracts

We specialise in the drafting, negotiation, and review of all types of commercial agreements, whether they concern financing, the provision of services, or more complex matters such as licensing of rights, commercial distribution and agency, franchising agreements, and the advertising and promotion of products and services. We also specialise in the judicial resolution of disputes arising from the irregular performance of such agreements, as well as in litigation concerning damages.

Joint Ventures

As traditional business cooperation models are being transformed and new forms of cooperation emerge — whether joint ventures or strategic alliances — we provide advisory services to our clients in this field. Our experience enables us to support our clients effectively at every stage of the relevant processes, from conceiving the framework of cooperation, through strategic planning and the drafting of legal documents, to the establishment of the final structure.

Disputes Between Companies and the State

As the rules governing the operation of businesses and the members of their management become stricter, sound legal support is essential, and we stand by our clients on every type of issue that arises.

Intra-Corporate Disputes

Disputes frequently arise between partners or shareholders, between them and the members of management, or even with the company itself. In this context, we regularly represent the parties involved before the courts in corporate lawsuits, shareholder lawsuits, partner expulsion lawsuits, accounting actions, etc.

Representation of Shareholders

We undertake the representation of shareholders at general meetings and in the context of disputes against the company.

FREQUENTLY ASKED QUESTIONS ON COMPANIES – LAWYER

1. Which corporate form should I choose for my new business?

The choice depends on the activity, the number of partners, the size of the investment, the tax planning, and the level of liability that the entrepreneur is willing to assume. The General Partnership (OE) has a low cost of incorporation but unlimited liability of the partners. The Private Capital Company (IKE) offers flexibility and limited liability with low capital, while the Société Anonyme (AE) is suitable for businesses with greater financing needs and many shareholders. As a rule, the right choice means avoiding later problems regarding taxation, corporate governance, and relations between the partners.

2. How do I protect myself from disputes with my business partners?

The best protection begins with the articles of association and side agreements (shareholders’ or partners’ agreements). These clearly set out the participation percentages, the decision-making procedures, the powers of representation, the terms for a partner’s exit, the rights of pre-emption on the transfer of shares, non-compete clauses, and the manner of resolving disputes. Where such provisions are missing, disagreements lead to operational deadlock, partner expulsion lawsuits, accounting actions, or even applications for the dissolution of the company. Legal protection from the outset costs far less than future litigation.

3. What can I do if my business partner is managing the company in bad faith?

The aggrieved partner or shareholder has several legal tools available. They may file an accounting action to scrutinise the management, a damages claim against the manager for breach of duties, a partner expulsion lawsuit where serious cause exists, or even an application for interim measures to immediately stop acts harming the company. In Sociétés Anonymes (AE), minority shareholders have the right to request an extraordinary audit or the convening of a general meeting. The choice of the appropriate action depends on the available evidence and the seriousness of the breach.

4. How long does the incorporation of a company take?

Through the One-Stop Shop Service (YMS) and the electronic procedures of the General Commercial Registry (GEMI), most companies (OE, EE, IKE, EPE) are incorporated within a few working days, provided that all supporting documents are ready. Sociétés Anonymes (AE) require more time due to the notarial form and increased formalities. The actual time depends on the completeness of the documents, the timely collection of tax clearance certificates of the founders, and the choice of bank for the corporate capital. Legal preparation prior to filing avoids corrections and delays at GEMI.

5. What documents do I need for a commercial contract with a partner?

Before signing any contract (distribution, agency, franchising, provision of services, or supply), the corporate details of the counterparty must be checked: GEMI certificate, articles of association, signing authority of the signatory, tax and social security clearance, and any prior solvency issues. The text of the contract requires clear terms regarding the subject matter, the price, the method of payment, guarantees, penalty clauses, duration, grounds for termination, the applicable law, and jurisdiction. A well-drafted contract is the principal defence in any future litigation.

6. What is the role of a lawyer in the day-to-day operation of a business?

A corporate lawyer is not only involved in litigation. They represent the business and its management at general meetings, in negotiations with suppliers, clients, and partners, in the drafting and review of commercial contracts, in compliance with employment, tax, and corporate legislation, and in personal data matters (GDPR). When a dispute arises, they file lawsuits, applications for interim measures, or criminal complaints, and represent the company before the courts. Systematic legal support operates preventively and protects the business from risks that are often not visible to management.