Before entering into any commercial transaction, the parties to such a transaction should carefully consider the nature and scope of the transaction, as well as the legal issues associated with it and, preferably, obtain a legal expert opinion. Legal Opinion is a tool that allows the parties to the transaction to obtain a qualified third party opinion on the subject, object and other issues related to the conclusion of the transaction. In essence, this is a legal opinion drawn up by a competent lawyer on a specific question or problem.
WHAT IS LEGAL OPINION? DEFINITION, FORM AND STRUCTURE
WHAT IS LEGAL OPINION? DEFINITION, FORM AND STRUCTURE
Legal opinion is a tool that allows parties obtain a qualified third-party opinion on the subject, object and other issues related to the conclusion of the transaction. It is a document drawn up by a competent lawyer on any specific question or problem.
Before entering into any commercial transaction, the parties should carefully consider the nature and volume of the transaction, as well as legal issues related to it.
When you might need legal opinion?
For BankingConfirmation of the legal status of carried out activities and absence of contradictions to the laws of the process-participating countries.
For Payment InstitutionConfirmation of the legal status of activities for the transfer of funds to/from accounts of the customer and authorized persons.
For Visa / MasterCardConfirmation of the legitimate activity of the processive/merchant agent for making money transfers to or from the customer’s accounts.
For an Investment CompanyConfirmation of legality for submitting applications for obtaining a license for participants in the securities market (investment funds, forex brokers, depositories).
In Securities MattersConfirmation for the company that issue securities due to requirements of the regulator and local legislation.
For Cryptocurrency TransactionsRequirements needed in order to confirm/deny the classification of the token as security for regulatory authorities.
For Real EstateApproval of legal status for ownership of real estate, as well as the protection from additional financial and tax obligations.
For Inheritage IssuesApproval of the procedure for transfer of property from the deceased to his heirs, certification of the legal strategy for the distribution of property.
For Tax IssuesAllows determination of the financial burden, types of mandatory taxes, as well as their terms of payment.
In Intellectual Property MattersProtection of the right to use the object through patenting/creating a TM, increasing the financial and corporate value of use.
For Various DealsChecking the legality of transactions with companies (their shares), financial and tax position of the participants, the terms and conditions of the transactions.
For ICOVerification of the supplier-eminent digital assets for the initial distribution of tokens (ICO) on public platforms.
LEGAL OPINION STRUCTURE
LEGAL OPINION STRUCTURE
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Information about the client, information about who the report is addressed to, information about the compiler, information about the task set. Typically, a legal expert opinion is intended for any party of the deal and is dedicated to a specific issue, for example: “Company A applied to lawyers of Law and Trust International regarding the legality of the acquisition of a 30% stake in Corporation B and potential legal and tax risks, which such a deal may carry.” In some cases, it is also assumed that the legal opinion will be used by persons who are not indicated as the addressees. As an example, a legal opinion addressed to an underwriter regarding the legality of a proposed issue of shares or bonds, which the issuer also has to rely on.
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A general summary of the documents under investigation or other factual or legal issues that were considered by the drafter when drawing up the legal opinion, as well as information on the various reservations made. Such reservations vary depending on the nature of the request for a lawyer's opinion.
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The legal opinion of the lawyer itself, including the study of facts, the interpretation of facts regarding their legality or potential risks. The drafter of the legal opinion should consider as clearly and thoroughly as possible a sufficient number of facts confirming each of the conclusions set forth in the legal opinion.
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The lawyer's conclusion based on the study. In most cases, the conclusions of the legal opinion can be supported by copies of documents, on which the opinion of the lawyer is based.
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Date and signature of the drafter of the legal opinion. Typically, the legal opinion is manually signed on behalf of the company with a specification of the persons who made the report. Moreover, the legislation, including corporate, banking and tax, may change, and with it, the stated conclusion may also change.
ADVANTAGES OF OUR LEGAL OPINION
Expertise in various fields. We offer services for financial organizations, IT companies, agricultural enterprises, etc.
Huge experience. Our law firm employs professionals with experience of 15 years. This allows us to provide high-quality services.
Full confidentiality. Law & Trust guarantees full protection of all clients’ information.
Monitoring legislative changes. Lawyers of our companies are always up to date with any innovations, therefore our legal opinions are always consistent with current legislation.
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Our team
Victoria Zhelezova
Branch Director, HR
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Dariia Grib
Legal secretaries & Receptionists
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