“Client” means the owner(s) of the business or the person(s) authorised by the owner(s) who have instructed Advocate to provide services to the owner(s) or authorised person(s) of the business and, in the case of more than one owner or person, such owner(s) or person(s) jointly and severally.
“Client Appointees” means all persons who may be nominated, appointed or act as a director, deputy director, secretary, manager, partner, trustee, protector, bank signatory, other agent, holder of a power of attorney, director, registered agent, or provider of a registered office, address for legal services or registered shareholder of the firm.
“Conseil Avocate” means a law firm specialising in expatriation and taxation – Paris, Dubai, Montreal”.
“company”: any company, trust, foundation or other legally recognised structure established and/or administered by Conseil Avocate.
“person”: any person, firm, corporation or other incorporated or unincorporated entity.
“Services” means, but is not limited to, company formation, management, administration, registered agent, company secretary, nominee directors or shareholders, introduction of banks or brokers, trust services, advisory services and other related services provided by Counsel to its client’s company.
II. BUSINESS ACTIVITIES
A. Conseil Avocate reserves the right to cease providing services and to cease acting without notice to any client if the client is or becomes an Excluded Person or engages in any illegal or prohibited activity. Excluded persons are those who have been imprisoned or convicted of a criminal offence, persons who have been proven to have acted fraudulently or dishonestly in civil proceedings and persons who have acted in a manner that demonstrates moral turpitude. Illegal or prohibited activities include illegal or other activities related to money laundering, receipt of the proceeds of drug trafficking, terrorist or criminal activities or trade with countries which have been excluded by banks and financial institutions from time to time.
B. Business activities not approved by Avocado Council include, but are not limited to, industrial espionage, trade in arms, human beings, human or animal organs, biological substances or nuclear materials, pornography, gambling and any other purpose which is illegal under the laws of any place of incorporation or establishment of the company or the place where it carries on business, or any other purpose deemed unacceptable by Avocado Council.
III. FEES AND DIRECT COSTS
A. The client undertakes to pay the negotiated and agreed fees for the services invoiced by Conseil Avocate or one of its affiliated companies as soon as he receives an invoice from Conseil Avocate in this respect. The fees are set out in Conseil Avocate’s published fee schedule, which is subject to change from time to time.
B. The client undertakes to pay in advance to Conseil Avocate all costs, customs duties, licence fees or customs duties of any nature whatsoever relating to the company. Conseil Avocate will not be responsible for any penalties, fines or other liabilities incurred by the client or the company, and the client accepts full responsibility for paying them and indemnifying Conseil Avocate from any liability in this respect.
C. If the client does not immediately pay the invoices issued by Conseil Avocate, the client authorises Conseil Avocate to deduct the fees, direct costs and other charges from any account or fund under the control of Conseil Avocate and belonging to the client.
D. If the client does not require the services of the Advocate, the client must notify the Advocate within thirty days of receipt of the Advocate’s quotation for the following year’s services. If the client does not inform Avocado Council within thirty days, the client will be deemed to have agreed to pay Conseil Avocate invoice for services in full.
E. Conseil Avocate reserves the right not to provide services or act on the client’s instructions. If Conseil Avocate ceases to provide services or to act for any reason whatsoever, Conseil Avocate will reimburse the sums paid in this respect, with the exception of disbursements already paid in respect of customs duties, licence fees or government taxes.
IV. DIRECTORS, OFFICERS AND REGISTERED OFFICE
A. No reference will be made to the registered office address and correspondence address provided by Conseil Avocate to the client’s company in any marketing or corporate material, advertising or public announcement without the specific written consent of Conseil Avocate.
B. Conseil Avocate or the registered agent in the relevant jurisdiction may relocate its offices to another location and such relocation may require a change in the address of the company’s registered office. Conseil Avocate undertakes to give the client as much notice as possible of such a move, but will accept no liability for any costs incurred by the client as a result of such a move.
V. CUSTOMER RESPONSIBILITIES
A. The client will provide Avocado Advice with a copy of their passport and electricity bill for Avocado Advice records. Avocado Counsel will hold the copy of the client’s passport in the strictest confidence unless requested to disclose it to a bank or brokerage firm for the purpose of opening an account, or by a court of competent jurisdiction, or at the direction of the client.
B. The client must provide Avocate with up-to-date contact details and instructions regarding restrictions on disclosure.
C. The client shall not involve the company in any illegal act or enterprise as may be defined in the various jurisdictions in which the client’s company does business. It is the sole responsibility of the client to determine whether such acts or undertakings are illegal. Conseil Avocate will not be liable for any unlawful act or enterprise in which the client or the client’s company has been engaged.
D. The client must ensure that he has checked his situation in his country of origin and must not commit any offence or fraud. Tax evasion is the illegal practice of not paying taxes, by not declaring income, by declaring expenses that are not legally authorised, or by not paying taxes due. Conseil Avocate expressly disclaims any responsibility for the client’s failure to declare taxes in their home country.
E. The client must ensure that the company has sufficient funds to honour its commitments to Avocat Council and other third party suppliers of services and/or products within the agreed timeframe. Conseil Avocate is not responsible for the financial commitments of the client’s company.
F. Conseil Avocate expressly disclaims all liability to the client, the company and any third party for any damage or loss suffered by the client, the company or any other person resulting from the use of the company and/or the services by the client or any other person.
G. The client shall indemnify and hold harmless Conseil Avocate , its affiliates and their directors, officers, employees and agents from and against any and all claims, actions, costs (including legal costs) and liabilities arising out of or in connection with these terms of service and the services provided to the company.
Conseil Avocate will not disclose to third parties any information concerning the company, its owners, directors and shareholders, without the prior consent of the owner. This clause does not apply where Conseil Avocate is required by law to disclose such information.
VII. GENERAL PROVISIONS
A. All instructions or requests concerning the Company’s affairs must be given by the Client in writing to Avocado Counsel. Avocado Counsel may, in its sole discretion, agree to comply with any request or instruction given otherwise than in writing, provided expressly that Avocado Counsel shall not be liable for any misunderstanding or error in connection therewith.
B. All communications relating to the administration of the company will be deemed to have been properly communicated to the client if sent to the postal address, e-mail address or facsimile number notified to Advocate Counsel by the client.
C. Avocado Counsel shall not be liable for any failure to comply in whole or in part with any instructions received from the client and shall not be liable for any consequences arising from the non-receipt of instructions for any reason whatsoever.
D. Conseil Avocate is not responsible for the opening of non-bank accounts. Avocado Advice only provides assistance with banks and will not be responsible for any failure or problem regarding the opening or closing of a bank account.
E. Conseil Avocate provides information in its brochure, on its website and in other documents relating to business services and commercial matters. This information is not intended to be legal, tax or other professional advice.
F. Where Solicitors receive mail, whether by post, courier or other means on behalf of the client, Solicitors reserve the right to inspect the contents of such mail.
Les présentes conditions de service remplacent toutes les conditions de service antérieures, qu’elles soient orales ou écrites, et aucun avis préalable ne doit être donné au client ou aux clients potentiels.
IX. TERMINATION OF SERVICES AND AGREEMENT
All obligations of Conseil Avocate cease immediately if the client does not comply with these conditions of service or if it is brought to the attention of Conseil Avocate that the company is being used for activities other than those provided for by the client in the company order.
X. DISPUTE RESOLUTION
Any dispute arising out of or in connection with this agreement, including any question concerning its existence, validity or termination, shall be subject to the exclusive jurisdiction of the courts of the Dubai Municipality. This agreement shall be governed by and construed in accordance with the laws of Dubai.
All information on this website is provided for general guidance on matters of interest only. The application and legal impact may vary considerably depending on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent risks of electronic communication, there may be delays, omissions or inaccuracies in the information contained on this site and, accordingly, the information is provided with the understanding that the authors and publishers are not engaged in rendering accounting, tax, legal or other professional services. It should not therefore be used as a substitute for consultation with professional advisors. Before making any decision or taking any action, it is recommended that you consult a professional advisor.
Although every effort has been made to ensure that the information contained in this website is obtained from reliable sources, Conseil Avocate is not responsible for any errors or omissions, or for the results obtained from the use of such information. All information contained in this site is provided “as is”, without warranty of completeness, accuracy, timeliness or of the results obtained from the use of such information, and without warranty of any kind, either express or implied, including, but not limited to, warranties of performance, merchantability and fitness for a particular purpose. In no event will Conseil Avocate, its partners or affiliates, or their partners, agents or employees be liable to you or any other person for any decision made or action taken in reliance on the information contained in this site, or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Certain links on this website lead to other websites operated by third parties over whom Conseil Avocate has no control. Conseil Avocate makes no representation as to the completeness, accuracy or any other aspect of the information contained in other websites.