The legal documentation of your business

As we all know, Andorra is experiencing a boom in new business projects. We are talking about hundreds of companies being established to generate value and provide resources to their partners, administrators, and employees, which in turn generates an economy for our country in the form of direct and indirect taxation, contributions to social security (CASS), and an impact on GDP in general terms.

However, in a fast-paced world and in a country like Andorra, where economic activity and entrepreneurship are growing, low value-added corporate services with remote or nonexistent professional qualifications have proliferated on a large scale. To make it clear: I am your manager, I set up a company for you to carry out your activity in the Principality, and that’s it.

Consequently, the majority of new or established entrepreneurs who have simply relocated their headquarters are left completely lacking in an area where any self-respecting entrepreneur who values their business should be fully covered: the legal documentation of their company.

The vast majority of entrepreneurs work with service providers (increasingly with freelancers replacing labor relationships) but do not have contracts with them. A significant number of entrepreneurs have clients, whether online or otherwise, and do not even have a contract for the provision of that service and the mutual protection of the parties’ interests.

In this context, it is not surprising that most new companies do not protect their trademarks either nationally or internationally, do not comply with their formal obligations in terms of data protection, or copy the privacy policy and legal notice from another company’s website without consulting a lawyer for personalized assistance.

From the perspective of a holding company like Augé Holding Group, with over 25 years of experience, having navigated numerous situations and also provided advice in this area, we can affirm that one of the keys to creating a prosperous business is to have it fully secured on a legal level.

We cannot overlook that many young and not-so-young entrepreneurs share valuable knowledge without signing confidentiality agreements and work with close collaborators or employees, providing them with a client portfolio to manage without even having a non-compete agreement in place.

As you can see, much of the documentation I am describing likely does not exist in your company, or you may not have considered it relevant to be adequately protected, binding your rights and obligations as well as those of the other party to properly direct your project.

This blog entry is merely a proactive call to provide assistance to all the companies that have been established in the country in recent years and have not found this assistance in their management or advisory services.

In this regard, Augé Legal&Fiscal provides a list (indicative and not exhaustive) of usual legal documentation that your company should have covered in most cases:

  • Contracts with Suppliers.
  • Contracts with Clients.
  • General Terms and Conditions of Contracting (as applicable).
  • Legal Notice, Privacy Policy, Cookies (Web).
  • Employment Contracts.
  • Local and International Trademark Registration.
  • .ad Domains.
  • Confidentiality Agreements (NDA).
  • Non-compete Agreements (employment and commercial).
  • Mandatory legal documentation for compliance with money laundering prevention and data protection regulations (as applicable).
  • Shareholders’ Agreement (as applicable).
  • Family Protocol (as applicable).

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