Contracts and Business

Drafting and reviewing contracts, service and commercial agreements, powers of attorney, legal support for entrepreneurs and small businesses, corporate documentation and follow-up of legal matters arising from business activity.

What is included

  • Drafting and reviewing contracts
  • Service provision agreements
  • Commercial and supply agreements
  • Confidentiality agreements
  • Powers of attorney and mandates
  • Company incorporation and corporate documents
  • Amendments to the articles of association
  • Minutes and shareholder resolutions
  • Client and supplier contracts
  • Ongoing legal support for small businesses
  • Contractual risk review
  • Terms, conditions and policies for online activity

Every situation is assessed individually. These services are provided within the remit of a Trainee Lawyer, under the supervision of Dr. João Nogueira Marques, Lawyer.

What helps prepare for your consultation

  • The current contract or proposal, including annexes and changes already negotiated.
  • A description of the activity, parties involved and commercial arrangement you want to agree.
  • Any corporate documents or correspondence relevant to the question that you already have.
  • Earlier versions of the contract, or the message exchanges where terms were discussed.
  • Details of deadlines, automatic renewals or commitments already made to third parties.
  • The company registration certificate, articles of association or recent minutes, where a company is involved.

What we review with you

We review whether the document reflects the intended agreement, including obligations, payments, duration and termination. We identify ambiguous terms and contractual risks to discuss. For corporate matters, we examine existing records and the documents to prepare for the proposed business decision. We separate what is open to negotiation from what is a formal requirement, because each calls for a different answer. Where the contract is already running, we look at what the parties have actually performed before discussing changes.

Common questions before a consultation

Is it worth reviewing a contract before signing?

That is the point at which a review has most practical effect, because there is still room to negotiate. After signature, the assessment shifts to what was agreed and to the routes available, which are more limited. Bringing the current version and its annexes is what matters most.

The contract is already running. Can it still be assessed?

It can, and the focus changes: what matters becomes what the parties have actually performed, the correspondence exchanged and the payments made. That reading shows what follows from the text and what follows from the practice between the parties.

Which clauses usually deserve most attention?

Those setting out each party’s obligations, payments, duration, renewal and termination, along with any that refer to annexes or external documents. We identify ambiguous wording and points that could support conflicting readings, so they are discussed before they become a dispute.

The other party sent their contract. Can I propose changes?

You can, and preparation helps separate what is open to negotiation from what is a formal requirement. The assessment identifies where a change is reasonable and sustainable, and where the proposed wording already reflects what was agreed.

Does the support cover corporate matters?

It covers reviewing the existing records and identifying the documents to prepare for the proposed business decision. For that it helps to have the company registration certificate, the articles of association and recent minutes, since they show what the current structure allows.

My agreement exists only in messages. Does that count?

The exchanges in which the terms were discussed are relevant material and should be preserved. The assessment establishes what follows from them and what was left undefined, and helps decide whether the agreement is worth formalising in a document before proceeding.

How do I prepare for an automatic renewal I do not want to keep?

We start by identifying what the text says about renewal and termination, and by gathering the related correspondence. It also matters which commitments you have already made to third parties on the strength of the contract, because those shape the options available.

Can the consultation be held remotely?

Yes. Appointments are held by video call or telephone, in Portuguese, English or Spanish, with documents sent in advance. Anyone in Porto, or who prefers meeting in person, can book at the office.

Editorial responsibility: Carvalhos Advocacia. General information; confirm the current position for your case before acting.