FALLET · VARELA & Asociados
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Commercial

Companies, shareholder disputes, commercial contracts and debt recovery for businesses of any size.

Mendoza
Own offices in the city of Mendoza
Provincial and federal
We litigate in both jurisdictions and across the country
Inter-American
Cases before the IACHR and United Nations committees
Immediate reply
Urgent matters on WhatsApp outside office hours

Most corporate disputes that end up in court could have been avoided with a well drafted charter and a clear shareholders agreement. We work both ends: the one that prevents and the one that litigates once the company has already broken apart.

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Facundo Del Olmo on how the Civil and Commercial team works

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What we handle

The concrete scope of this area

  • Incorporation of companies and shareholders agreements
  • Corporate disputes and removal of directors
  • Distribution, franchise and supply agreements
  • Debt recovery and enforcement proceedings
  • Insolvency and bankruptcy

What comes next

What happens after you write to us

  1. Step 1

    First consultation

    We listen to the case and say plainly what can and cannot be done. If there is no case, we say so.

  2. Step 2

    Strategy

    We define the plan, the timeline and the cost before starting. No surprises afterwards.

  3. Step 3

    Follow up

    One lawyer responsible for the case, with a name and a direct line, for as long as it runs.

When to get in touch

When setting the company up, when bringing in a new partner, and at the first serious disagreement in management.

Frequently asked questions

What people ask us before the first meeting

What should I do if I am in dispute with my business partner?

Start by reading the charter and the shareholders agreement, because almost everything you can do is written there: majorities, grounds for exit, how a stake is valued. Where there is no shareholders agreement, the dispute falls back on the default statutory regime, which rarely matches what either party would have chosen.

How do I recover a commercial debt?

It depends on the instrument you hold. With a promissory note, a dishonoured cheque or a certified statement of debt you go straight to enforcement proceedings, which are short and narrow in scope. Without an enforceable instrument you face ordinary proceedings, which take considerably longer. That is why each transaction is worth documenting properly before the payments stop.

When does a reorganisation proceeding make sense?

When the company has stopped meeting its payments but the business is still viable, and before individual enforcement actions strip out the assets it needs to keep trading. Filing late usually turns the reorganisation into a bankruptcy.

What should a shareholders agreement cover?

How decisions are taken and by what majorities, what happens if a partner wants out or dies, how their stake is valued, how a deadlock is broken, and what a partner may not do outside the company. Most corporate disputes that reach court could have been settled there.
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