Commercial Law
1. What We Mean by “Commercial Law”
Commercial law governs every transaction that moves goods, services, or money in the marketplace. In Syria the core sources are the Syrian Commercial Code, Companies Law (2011 & amendments), Agency and Brokerage Law No. 42 / 2018, and the Civil Code provisions on contracts. Whether you are purchasing raw materials, distributing consumer products, appointing an exclusive agent, or structuring a joint venture, you are operating within this commercial framework.
2. Key Pillars of Our Practice
| Pillar | Typical Mandates | Key Statutes & Forums |
|---|---|---|
| Business Vehicles | Establish LLCs, JVs, sole proprietorships; draft shareholder agreements; capital increases & reductions | Companies Law, Commercial Register |
| Domestic & Cross-Border Contracts | Sale-purchase, distribution, franchising, licensing, construction sub-contracts | Commercial Code, CISG (when chosen), ICC Incoterms |
| Commercial Agencies & Representation | Register Syrian agents, negotiate commission structures, terminate or compensate agents | Law 42 / 2018, Ministry of Economy |
| Secured Transactions & Finance | Draft pledge agreements, inventory liens, factoring, letters of credit | Commercial Code, Central Bank circulars |
| Regulatory Compliance | Sanctions screening, import licences, anti-dumping duties, consumer-protection labeling | Customs Law, Consumer Protection Law |
| Dispute Resolution | Lawsuits before Syrian Commercial Courts, ad-hoc arbitration, enforcement of foreign awards | Civil Procedure Code, NYC 1958 |
3. How We Tackle a Commercial Matter
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Early Risk Mapping – We identify statutory requirements, sector-specific licences, sanctions exposure, currency-control limits, and potential tax triggers before you sign anything.
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Term Sheet to Signing – We anchor negotiations in a bilingual term sheet, then convert it into a full contract that mirrors Syrian law while remaining intelligible to foreign counterparties.
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Regulatory Filings & Perfection – We lodge agency agreements at the Ministry of Economy, register pledges with the Commercial Register, and obtain Central Bank clearance where foreign currency is involved.
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Performance Monitoring – We remain on call to interpret force-majeure events, review milestone certificates, and issue notices that preserve your rights.
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Dispute-Avoidance & Enforcement – If tensions rise, we trigger contractual ADR clauses; failing settlement, we litigate or arbitrate and then oversee asset attachment and judgment enforcement in Syria.
4. Value We Add
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- Market-Calibrated Contracts – We benchmark warranties, liquidated damages, and termination rights against prevailing Syrian court practice so you avoid unenforceable clauses.
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Speed & Predictability – Because we file dozens of agency and JV documents each quarter, we know which registrar’s desk to walk to—cutting weeks off approval times.
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Integrated Tax & FX Advice – Commercial terms are vetted with tax counsel to minimise stamp-duty and VAT exposure, and with currency specialists to ensure payment clauses survive FX controls.
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Plain-Language Guidance – Even the most complex collateral package is explained in two pages of clear prose and a closing checklist, letting business leaders decide quickly and confidently.