Lawyer for FMCG and Retail by Dextra Law: Guaranteeing Stability for Your Business
The Role of a Lawyer in FMCG and Retail: Providing Legal Support for a Dynamic Industry
FMCG (Fast-Moving Consumer Goods) and Retail are fast-paced industries that require quick adaptation to market and legal changes. In such an environment, a lawyer not only provides immediate legal support but also protects the business from legal risks at a strategic level.
Drafting and Reviewing Commercial Contracts: From Supply to Distribution
Well-structured commercial contracts are the foundation of stable business operations in the FMCG and Retail sectors. These contracts govern key business processes such as product supply, distribution, marketing services, and other commercial relationships. Dextra Law offers professional contract drafting and review services to minimize legal and financial risks and ensure business stability.
Key Areas of Work
- Drafting Commercial Contracts
We create customized contracts that consider the specifics and objectives of your business, including:- Supply contracts: Regulating delivery terms, payments, returns, and liabilities.
- Distribution agreements: Defining distributor rights and obligations, sales territories, and marketing support.
- Marketing service agreements: Covering advertising campaigns, POS material placement, and promotions.
- Franchise agreements: Regulating brand usage, technology transfer, and franchisee support.
- Review and Audit of Existing Contracts
We conduct thorough contract audits to identify risks and ensure compliance, including:- Checking compliance with legal requirements.
- Assessing the balance of rights and obligations between parties.
- Identifying terms that could lead to financial losses or disputes.
- Contract Optimization
- Implementing mechanisms to protect against counterparty default.
- Clearly defining payment terms, penalties, and compensations.
- Establishing dispute resolution procedures (negotiations, mediation, arbitration).
- Support During Contract Execution
- Negotiations with counterparties.
- Contract signing and amendments.
- Monitoring contract fulfillment and compliance.
Consumer Rights Protection: Compliance with Standards and Dispute Resolution
Compliance with the Law of Ukraine “On Consumer Rights Protection” is crucial for FMCG and Retail businesses. Violations can lead to complaints, lawsuits, and reputational damage. Dextra Law ensures that your company adheres to legal requirements and effectively resolves disputes.
Key Areas of Work
- Legal Compliance Consultation
- Requirements for product and service information.
- Return and exchange policies.
- Quality standards and liability for defects.
- Regulation of promotions and discounts.
- Development of Internal Policies
- Return and exchange policies.
- Customer service guidelines.
- Complaint-handling procedures.
- Legal Support in Consumer Complaints
- Complaint analysis and response preparation.
- Negotiations with dissatisfied customers.
- Developing out-of-court settlement mechanisms.
- Representation in Court Disputes
- Preparing lawsuits and legal defenses.
- Representation in courts of all instances.
- Appealing unfavorable rulings.
Intellectual Property in FMCG and Retail: Trademark Registration and Protection
A company’s brand is one of its most valuable assets in FMCG and Retail. Dextra Law ensures the registration and legal protection of trademarks, fights counterfeiting, and resolves intellectual property disputes.
Legal Aspects of Marketing and Advertising
We review marketing campaigns for compliance with advertising laws and consumer protection regulations, helping businesses avoid fines and Anti-Monopoly Committee of Ukraine (AMCU) sanctions.
Antitrust Compliance: Avoiding Unfair Competition
Violating the Law of Ukraine “On Protection of Economic Competition” can result in significant fines and business restrictions. Dextra Law helps companies stay compliant and avoid penalties.
Key Areas of Work
- Antitrust Audit
- Reviewing pricing policies and contractual terms.
- Evaluating market behavior for potential violations.
- Compliance Advisory Services
- Preventing unfair competition.
- Monitoring advertising practices for compliance.
- M&A Transaction Support
- Preparing regulatory filings for AMCU approval.
- Ensuring transactions comply with antitrust laws.
- Legal Defense in AMCU Investigations
- Preparing for inspections.
- Representing companies before regulatory authorities.
- Developing Internal Policies and Training Staff
Taxation in FMCG and Retail: Tax Planning and Optimization
Optimizing tax obligations is crucial for business profitability. Dextra Law provides tax planning, structuring, and guidance on leveraging tax benefits to minimize liabilities.
Key Areas of Work
- Tax Planning
- Developing strategies to optimize tax burdens.
- Utilization of Tax Benefits
- Advising on available tax incentives and preferential regimes.
- Business Structuring
- Optimizing business processes for tax efficiency.
Preparation and Support During Regulatory Inspections
Government inspections can result in fines or operational suspensions. Dextra Law helps businesses prepare, provides legal representation during inspections, and swiftly responds to regulatory inquiries.
Advantages of Working with Dextra Law for FMCG and Retail
- Comprehensive legal support for all business processes.
- Protection against legal risks.
- Fast and personalized solutions.
FAQ
Proper legal structuring of contracts minimizes risks, protects business interests, and prevents financial losses and disputes.
Ensure all documentation is in order, conduct a legal audit, train staff on compliance, and involve a lawyer for legal representation.
The main risks include violations of advertising laws, consumer rights breaches, antitrust issues, and unfair competition claims.
Trademark registration protects brands from unauthorized use by competitors, allows for legal enforcement, and increases business value.
Conduct regular tax audits, utilize available tax benefits, and structure transactions in compliance with the law.
