COMMERCIAL & CORPORATE LAW
Seon & Associates has networked with regional and international law firms on a number of major acquisitions and mergers in the Caribbean region, including Barclays Bank (now First Caribbean International Bank), Shell (now SOL EC), Courts Furniture Companies (now Unicomer), and Grenada Cablevision (now Columbus Communications (Flow)).
Legal services include pre-incorporation matters, due diligence reports, and incorporations. We offer corporate secretarial services, draft and prepare shareholder agreements, joint venture agreements; and, advise clients on corporate structure issues. We offer legal advice with regards to business transactions covering a wide range of commercial issues.
We provide qualified advice on specific tax matters related to income, withholding, property transfer, and value added tax matters. Recent assignments include:
* Acting for and advising a foreign based company on a multi-million dollar share purchase acquisition of a Grenadian asset.
* Advising a financial institution on vulnerable transactions and the liability of institutional directors.
* Advising and acting for a foreign based company on corporate structure, shareholdings, and effecting an amalgamation of regional companies in Grenada.
CONVEYANCING & REAL ESTATE
We offer comprehensive guidance on all aspects of conveyancing and real property matters, for residential and commercial properties. Our services include negotiations for the sale and purchase of property, preparation and settlement of leases, sale agreements, licences, deeds of sale, deeds of gift, deeds of assent, deeds of assignment, reconveyances, trust deeds, and deeds of rectification.
The Firm also provides advice on setting up and maintaining residential development schemes. We act for non-citizens in their applications for alien's licence approvals to hold interest in real property;
prepare and submit applications for tax concessions on tourism property developments. We also assist clients in planning, negotiating, preparing and settling agreements with the Government on foreign direct project investments. Recent assignments include:
* Title investigations of freehold and leasehold properties for an international client
* Advising real estate agents on exclusive listing agreements; agent liability; property management; short and long term lease agreements.
* Advising and acting for a property developer in the acquisition of real property for tourism development; and successfully negotiating and obtaining tax concessions from the Government of Grenada in relation to same.
* Acting for a regional financial institution under its power of sale in the sale of leasehold commercial property including drafting, preparation and review of Purchase and Sale Agreement, Application for Government Consents, Sub-Lease Assignment, and Assignment of Grant of Rights and Easements.
We are experienced in contentious and non-contentious insolvency matters, providing sound legal advice on a timely basis. We have represented Controllers, Provisional Liquidators, and Liquidators in the winding-up of several companies and Off-shore Banks in Grenada, since 2001.
In conjunction with international law firms, we continue to advise and represent our clients in multi-jurisdictional insolvency proceedings. The Firm also provides legal opinions on unique local law issues related to winding up proceedings in Grenada and a wide variety of insolvency related matters.
We offer legal representation before the High Court and the Appellate Court on behalf of Banks, Financial Institutions, and Liquidators involving applications for directions, vesting, e-communication, reciprocal enforcement, release, discharge, and dissolution orders.
Recent assignments include:
* Advising and Acting for Joint Liquidators on multiple Court applications for their release and discharge and for dissolution of a group of companies in liquidation.
* Advising a Liquidator on the handling of unclaimed funds.
* Advising an international accounting firm on compulsory winding up procedures under the laws of Grenada
MORTGAGES & FINANCE
Seon & Associates is selected both on an ongoing and special assignment basis to render legal services for three of the major Banks on the island, and continues to represent regional financial institutions and banks in specific financial matters.
We have also acted as legal counsel in the negotiation and preparation of loan syndication agreements, and cross-border finance security documents.
We advise clients on financial issues, and prepare security documents on their behalf, such as mortgages, debentures, bills of sale, bonds, mortgage of shares, loan agreements, and other related equity and debt financing security documentation.
The Firm provides legal opinions on all aspects of the law of mortgages and finance, including power of sale issues, appointment and duty of Receivers, priorities of payments under a receivership, mortgagee rights, pari passu, pre-payment events, and cross default provisions.
Recent assignments include:
* Advising, drafting and preparing legal documents for a financial institution in the expansion of its financial investment products portfolio.
* Drafting and preparing an agreement with supporting ancillary documents in an investment transaction between two financial institutions.
* Advising a regional financial institution on refinancing terms and conditions, and preparing a supplemental loan agreement between a syndicate of lenders and a Grenadian company.
* Acting as Grenada Counsel for a regional trust company in an international bond financing transaction.
* Advising and acting for a Receiver in the preparation of a confidential information memorandum for sale of mortgaged property by private bids.
PROBATES & ESTATES
We handle matters pertaining to:
* Preparation of Wills, Grants of Probate, Grants of Letters of Administration, and Resealing of Grants.
* Advising Executors and Administrators on their legal duties in respect of the administration of Estates.
* Advising beneficiaries and offering counsel and guidance on the handling of disputes over distribution of assets, claims against an executor or administrator, claims to entitlement under a
Will or under the Intestacy laws of Grenada, including rights of illegitimate children under the Status of Children Act.
EMPLOYMENT & LABOUR LAW
Acting primarily for Employers, we provide opinion and legal advice, and represent our clients in Court on a wide range of employment and labour relations issues, including termination and redundancy, suspension and other disciplinary measures. We are frequently retained by clients to assist with interpretation of specific provisions in our Labour Code, where there is uncertainty and or ambiguity in the language of the legislative provision.
We also assist with Union negotiations, preparation and review of Collective Agreements, Pension and Employee Benefit Plans, Employment Contracts, Staff Manuals, and Work Permit applications.
We offer guidance and legal representation to our clients in labour matters before the Labour Commissioner, the Minister of Labour, and the Supreme Court of Grenada. Recent assignments include:
* Advising on issues of successorship and the dissolution of an entity by operation of law
* Advising and acting for Statutory Boards and Private Sector Employers on termination, compensation, pension plans, and industrial disputes;
* Advising a regional company on the restructuring of operations, including redundancy procedures and negotiations with the Collective Bargaining Agent;
* Advising a Private Sector Organisation on certain provisions of the Employment Act; submitting proposals for labour code reforms and equality of bargaining positions to the Ministry of Labour;
* Acting for the Employer in Mediation regarding a complaint of unfair dismissal by a former employee.
We provide legal assistance and advice, and represent clients in Court on matters including grounds fordivorce, separation agreements, financial issues including property settlement and division, maintenance for spouse and children, and adoption applications.
We represent both corporate and individual clients on a wide range of civil disputes including contract law, insolvency, construction, insurance, estate, tortious and commercial matters, at both the High Court and the Appellate Court.
Depending on the facts and circumstances of each case, we guide clients towards mediation where suitable for expedited and practical settlement of legal disputes with much success. In major complex commercial cases, we work in conjunction with our associated network of consulting firms and Queens Counsel from the Caribbean and internationally. Recent assignments include:
* Drafting and preparing unfair prejudice claim in a shareholder dispute;
* Acting as Instructing Counsel in international corporate dispute based on contractual breach and alleged unjust enrichment;
* Assisting foreign Counsel with interpretation issues of local legislation, issues regarding statutory entities and their applicability to foreign international debt attachment proceedings.
* Acting as Counsel in debt collection and enforcement proceedings for regional companies and financial institutions in the Magistrate’s Court and the High Court.
* Acting as Counsel in the High Court, and advising Residents Associations of Development Schemes on injunctive proceedings for breach of covenants in the Development Scheme.
* Acting as Counsel for Receivers and Liquidators on a wide variety of contentious matters including, the discharge of ex-parte injunctions, application for directions pursuant to the Companies Act, including directions for disposal of chattels charged under Mortgage Debentures and distribution of proceeds, determination of priorities, summary judgment proceedings, and release and dissolution orders.
NOTARY PUBLIC SERVICES
* Authenticating company and business documents, for use in other countries. Preparing and certifying different kinds of documents following the various procedures and jurisdictional requirements of different countries.
* We regularly work with the Ministry of Foreign Affairs in order to obtain apostille certificates for our clients and other persons who require such services.
We provide opinions and legal advice on issues of copyright and trademarks, including registrations, notice and protection of rights. We liaise with the Registrar and Staff at the Corporate Affairs and Intellectual Property Registry on searches, registration and renewals of trademarks.
We also act as agents for the registered proprietors of trademarks in Grenada. Recent assignments include:
* Acting for international proprietors of trademarks in the registration and renewals of multiple international class marks.
* Advising on application for licensing and approval for use of copyrighted materials from a regional copyright organisation.
As part of our diverse portfolio Seon & Associates has recently:
* Advised a leading international investment firm specializing in wealth management, investment banking, and sales and trading services on local and regional regulatory securities trading requirements for an online trading platform.
* Acted as Counsel before the High Court in injunctive proceedings for appointed Personal Representatives of an Estate in a fraudulent conveyance claim.
* Represented and advised a regional public cross-listed company in its pro-rata rights issue of securities, which included liaising with, and preparing the requisite filings for, the Eastern Caribbean Securities Exchange and the Eastern Caribbean Securities Regulatory Commission.
* Rendered advice and acted as Counsel in the corporate and successorship planning and re-structuring of closely held companies.
* Acted as Counsel for and advised on matters surrounding fraudulent employee activity, culminating in criminal charges, including liaising with the Financial Intelligence Unit.
* Drafted and prepared Alternating Proprietorship, and Software and Maintenance Agreements for a leading local business and statutory authority.
RECENT EDITORIAL CONTRIBUTIONS
Within the past year, Seon & Associates has also contributed to and or has been published in the following:
* Allen & Overy Global Litigation Survey 2015
* World Bank Doing Business 2015: Going Beyond Efficiency
* World Bank Doing Business 2016 : Enforcing Contracts