PREPARATION OF LEGAL OPINION
Legal Opinion is provided in the form of paper counseling on a specific subject or area of operations performed by the customer.
It is compiled on request and in the interests of the requester. Such a conclusion can not be issued to both parties of the contract and to ensure the benefit of all parties to the dispute.
The quality of its preparation provides an opportunity to make sure that the transaction (project) is transparent, as well as the expediency and legality of important legal actions planned by the client.
WHEN DOES LEGAL OPINION PREPARE FOR NEED?
1. When given such a conclusion regarding real estate. In this case, it is easier to determine whether the client risks buying or becoming a property owner.
2. When it comes to international organizations providing services. In this case, Legal Opinion indicates the presence or absence of a ban in the provision of this type of service by the specified company to its citizens.
So, we can talk about the permissibility or impermissibility of providing services by foreign citizens for citizens of other jurisdictions and for approving transactions when buying and selling on the currency exchange. Conclusions are submitted to VISA or Mastercard, the acquirer or to a banking institution to confirm the money transfer.
Types of activities offered by Legal Opinion to lawyers of Eternity Law International:
– LEGAL OPINION FOR FOREX BROKERS;
– LEGAL OPINION FOR BINARY OPTIONS;
– LEGAL OPINION FOR GAMING BUSINESS;
– LEGAL OPINION FOR CRYPTOCURRENCY EXCHANGER;
– LEGAL OPINION FOR CRYPTOCURRENCY EXCHANGE;
– LEGAL OPINION FOR OPERATIONS WITH CRYPTOCURRENCY.
3. At the conclusion of cross-border transactions. For such transactions, the conclusion makes it clear whether the documents submitted are valid and important in legal terms. It also determines whether, in an important jurisdiction for us, these documents will comply with local legislation.
4. Financial transactions. The legal opinion provides an assessment of the legal threats to a particular project, and ways to minimize them are recommended. The project documentation is being corrected.
5. For prospectuses of issue of shares and securities. Conclusion Legal Opinion are provided during the placement of shares and are proof that all necessary requirements were met when making the issue.
HOW LEGAL OPINION PREPARES
When ordering a legal opinion, the client wants to get complete clarity in the legal plan and wants to see in it an exact legal study of the legal threats of a particular project or agreement.
The statements, sounding in the conclusions, determine the level of reliability of the performer. In this regard, those ordering Legal Opinion are obliged to study the conclusion for the absence of ambiguous judgments and conclusions, inadequacies, uncertainties, delusions and conjectures.
Their presence suggests that lawyers doubt their judgment and relieve themselves of the obligation for incorrect or inaccurate conclusions and recommendations.
Quality Legal Opinion should be clearly formulated and justified by law. Here you should specify the exact initial circumstances, contain references to the articles of legislative documents and clear results.
At the same time, legal support will not replace a legal opinion. The parties should not rely on the fact that upon receipt of such a conclusion they receive detailed instructions for the implementation of the project or the manual implementation of the agreement.
PHASE PREPARATION OF LEGAL OPINION
BACKGROUND – STARTING DATA
In this part of the conclusion, reference data are placed on the information provided from the customer, on the documentation, or on the transaction itself, on which conclusions will be drawn. Here the details of the applicable law are prescribed, based on the powers where legal relations take place.
DOCUMENT REVIEWED AND ENQUIRIES MADE – PART OF RESEARCH
The section of the study contains a reflection of the process and results of data analysis for these documents, describes the steps to collect additional information necessary for an honest conclusion and conclusions drawn from them.
These include contract papers, constituent documents and minutes of meetings of the board of founders or directors of a company. The conclusion should indicate what documents the contractor worked with: originals or their copies, draft papers.
A list of additional collected sources is also compiled, and inquiries are submitted that were submitted to various registration, taxation or patenting agencies, etc. The result of the request made is recorded, even if it is negative.
In the event that the preparation of Legal Opinion takes a long time, it is not excluded that the latest changes occurring during the period from the submission of the first request are possible.
Assumptions are the totals summarized in Legal Opinion, directly dependent on the author’s starting point. From the presentation of the starting points by the creator of the study, which will be the basis for making further assumptions, it is possible to analyze the correctness and accuracy of the conducted consideration of the contract.
This part includes standard hypothesis, and also due to certain events.
Examples of typical hypotheses:
1. When both parties to the transaction have the necessary legal capacity to sign it.
2. When there is a real desire.
For advice on the preparation of Legal opinion, contact the experts of Eternity Law International.