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Cases · Risk, disputes & investigations · Contracts, commercial disputes & collections

Move an existing contract into the new market

Can our existing contract be transferred to our new local company?

WONE Global checks the contract's assignment terms, the consents and the tax effect in both countries, then prepares the novation documents and the customer communication.

Countries in the typical case France · Morocco

The situation

What is happening

What is at stake

Move a contract badly and you may trigger termination rights, stamp duty or tax on the transfer.

A scenario

Services firmMid-sized company · from France · in Morocco

Its new Moroccan subsidiary should take over a contract the French parent signed, without upsetting the customer or creating tax.

Where it ends The contract in the right company, with the customer's agreement.

A representative scenario of the work WONE Global coordinates, not a specific client’s matter.

Also asked as “How do we novate a contract to a subsidiary abroad?”“Does the customer need to agree if we move the contract?”

The solution

How WONE Global handles it

WONE Global checks the contract's assignment terms, the consents and the tax effect in both countries, then prepares the novation documents and the customer communication.

Usually led by Contracts and commercial law, with Tax and structuring and Setting up and running a company.

Step by step, in the scenario

  1. Day 1WONE Global reviews the contract for assignment and consent terms.
  2. Week 1Tax in France and Morocco checked for the transfer.
  3. Week 2Novation agreement and customer letter prepared.
  4. ThenSigned by all three parties; invoicing moves to the subsidiary.

Timings are typical. They depend on the countries, the authorities involved and how quickly documents are available.

Decisions

The decisions involved

  1. 01Novate, assign or re-paper the contract
  2. 02Whether governing law and dispute clauses still work
  3. 03Tax and withholding effects of moving the counterparty

Outcomes

What you receive

  • A transfer route agreed with the counterparty
  • Updated contract under the right law and forum
  • Tax treatment confirmed before the switch

This is a general guide. Your WONE Global professional confirms the work, timing and fees for your markets before anything starts.

Services

The services involved

One area of expertise usually leads; the others move with it. WONE Global keeps them connected across every country involved.

  1. Usually leadsContracts and commercial law12 markets with a named lead→
  2. Often involvedTax and structuring17 markets with a named lead→
  3. Often involvedSetting up and running a company3 markets with a named lead→

Who handles it

Contracts and commercial law, market by market

The status of the lead service in the markets that matter for this case. A named WONE Global Partner acts under their own licence; where none is in place yet, WONE Global confirms availability before anything else.

  1. Moroccoin the typical case WONE Global Partner Mouad Aktaou · Managing Partner Brief this Partner →
  2. Francein the typical case On request Availability confirmed before any work begins Bring a requirement →
  3. Argentina WONE Global Partner Dr. Esteban Lucio Maccari · Managing Director Brief this Partner →
  4. Australia WONE Global Partner Alice Turner · Lawyer Brief this Partner →
  5. Brazil WONE Global Partner Luis Felipe Balieiro Lima · Partner Brief this Partner →
  6. Cameroon WONE Global Partner Edmond Christian AKOA MBALLA · Founder & Managing Partner Brief this Partner →
  7. China WONE Global Partner Roberto Gilardino · Regional Partner North Asia & additional countries Brief this Partner →
  8. Israel WONE Global Partner Karin Horev · Founding Partner Brief this Partner →
  9. Kenya WONE Global Partner James Ngochi Ngugi · Managing Partner Brief this Partner →
  10. Panama WONE Global Partner Ebrahim Asvat K. · Managing Partner Brief this Partner →
  11. Poland WONE Global Partner Andrzej Zacharzewski · Partner Brief this Partner →
  12. United States WONE Global Partner F Miles Adler · Principal Brief this Partner →
  13. Zambia WONE Global Partner Reagan Blankfein Gates · Managing Partner Brief this Partner →
  14. India On request Availability confirmed before any work begins Bring a requirement →
  15. Saudi Arabia On request Availability confirmed before any work begins Bring a requirement →
  16. Singapore On request Availability confirmed before any work begins Bring a requirement →
  17. United Arab Emirates On request Availability confirmed before any work begins Bring a requirement →
  18. United Kingdom On request Availability confirmed before any work begins Bring a requirement →

Other markets: WONE Global covers 100 countries. Name yours in the requirement →

Dr. Esteban Lucio MaccariBuenos Aires · Argentina

WONE Global Capability Partner · Argentina

Dr. Esteban Lucio Maccari

Managing Director · Maccari Adam & Asociados · Buenos Aires

He is a lawyer with a degree from the University of Buenos Aires and a degree in Spanish Law. He completed postgraduate studies in Strategic Business Management at the Polytechnic University of Madrid and the Glocoll at…

Roberto GilardinoShanghai · China

WONE Global Capability Partner · China

Roberto Gilardino

Regional Partner North Asia & additional countries · Horizons (Shanghai) Corporate Advisory Company · Shanghai

Roberto Gilardino is Regional Partner at Horizons, supervising the advisory’s activities in North Asia as well as additional countries (including Mongolia, Malaysia, Indonesia, Pakistan, UAE, Cyprus and Malta).

Karin HorevTel Aviv · Israel

WONE Global Capability Partner · Israel

Karin Horev

Founding Partner · Horev & Co. Law Office · Tel Aviv

Adv. Karin Horev has been practicing corporate and commercial law for more than 20 years, with a focus on complex technology-related matters. Over the years, Karin has led a large number of complex and wide-ranging tran…

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