BS Legal, attorneys at law was founded by experienced lawyers Vít Berka and Miroslav Švenda in 2016 (in the legal form of an association). We offer comprehensive and complex legal consultancy but we also specialize in commercial, financial and insolvency law, resolution of legal disputes (litigation), legal relationships to real estates and other areas of law. We are fully capable of providing our services in fluent English and German.
In our curriculum we have numerous representations in many complicated disputes/litigations as well as negotiating and closing of complex transactions, including cross-border ones, nevertheless, we have no intention to boast about our successes and those of our clients on this website. We invite you to visit us and get convinced by the quality of our work. We are BS Legal – our results speak for us.
Our lawyers have sufficient experience with comprehensive legal consulting and we could list all possible areas of law in which we operate and provide legal services but we want to be fair with you and therefore accentuate especially those areas wherein we work most frequently and thus have exceptional knowledge and experience.
We are members of an international network of lawyers, patent attorneys, auditors and tax advisors ArsLegis International.
Thanks to this partnership we are able to provide legal services abroad through more than fifty cooperating law firms and their local partners in above mentioned and other fields.
In order to meet their customers´ needs and to improve services BS Legal cooperate with external experts in the field of tax, audit and others, such as in particular:
Vít was born in Prague in 1978. Vít graduated from Faculty of Law of Charles University in 2004 (Mgr.) and he passed there his State Rigorous Exam (JUDr.) in 2005. Vít has been the member of the Bar since 2004; in 2007, after passing Bar exams he was registered as an attorney at law (#11759). Most of his professional career, Vít had been the assoiated attorney at law of a prominent Czech law firm with a short period of independent practice; since July 1th, 2016 Vít has been a founding partner of BS Legal.
Vít successfully participated in a one-year course of law at Ernst Moritz Arndt Universität Greifswald, Germany in 2002. In 2011 Vít studied for six months in Cape Town, South Africa. therefore, Vít has a good grasp of both English and German and is capable of providing legal services in these languages.
Vít specializes in financial, commercial and insolvency law with a significant share of dispute agenda (litigation) in his practice. Vít provides legal consulting to a Czech branch of a distinguished foreign bank, leading insurance agents and investment intermediaries and he represents clients in comprehensive transactions and restructuring, including representation in insolvency proceedings.Show more
Vít provided consulting to the branch of the major foreign bank with restructuring the credit line amounting to EUR 53,000,000,--, the beneficiaries being four UCITS funds; incl. number of structured collateral instruments.
Recently, Vít successfully represented a client in a licence proceedings before the CNB seeking authorization for providing services of a payment institution pursuant to the Payment System Act, where he coordinated a team of experts from the field of law, finance, accounting and audit allowing the client to implement a “turnkey” licence process. He also represented clients in other licence and sanction proceedings before the CNB according to the Capital Market Undertakings Act, the Investment Companies and Investment Funds Act and the Act on insurance intermediaries.
Vít is a sought-after leading expert in the field of distribution on the financial market, where he features a unique experience in providing comprehensive legal services and in the establishment and starting business of one of the largest insurance and investment intermediaries in the market. Vít has exceptional practical experiences in all legal aspects of activities of distribution networks in the financial market and in disputes of investment and insurance intermediaries arising from contracts with insurance agents (commissions, contractual fines, compensation for damage, special rewards (formerly so-called compensation), unfair competition etc.). Vít provides a comprehensive legal consulting to the leading Czech broker pool.
Vít represents and has represented a number of significant Czech and foreign commercial corporations in legal proceedings, where he among others represented banks and their subsidiary companies in the recovery of claim from corporate debtors, including realization of collateral, construction companies in complicated disputes of liability for defects and contracts for work and entrepreneurs in various commercial disputes, in particular one of the world’s greatest car manufacturers.
In the area of insolvency law, Vít regularly represents debtors, creditors as well as insolvency trustees in bankruptcies as well as reorganizations. At a stage before initiation of the insolvency proceedings, he participated as a lawyer of debtors as well as creditors, including banks, in a negotiation of non-liquidation resolution of a debtor’s situation.
Vít led a team of lawyers representing a land owner (a railway carrier) for a construction of a planned development project in the centre of Prague and further sellers as well as purchasers in various real estate transactions.
For the greatest Czech mining company as a sector contracting authority, Vít participated in drafting an application to the European Commission for authorization of an exception to purchase goods and services outside a regime of public procurement rules, including a direct communication with the European Commission officials.
Vít participated in the representation of the railway carrier before the Office for the Protection of Competition in matters regarding liberalization of the railway market.
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Miroslav was born in Ostrava in 1977 and graduated from Faculty of Law of Charles University in 2000. Miroslav has been practicing law since 1998 (before founding of BS Legal, attorneys at law Miroslav worked in two significant Prague law firms, incl. 8 years as a managing partner). He is proficient in English and therefore capable of providing legal services in English.
Miroslav, in addition to other sectors, specializes in the personal data protection; in this area, Miroslav represented several clients in the proceedings before the Office for Personal Data Protection and participated in the creation of comprehensive internal regulations in this area, including regulation of video-camera systems in large production and warehouse areas; Miroslav has rich professional experience with representation of clients in the field of insurance industry, including a comprehensive licence proceedings of a domestic non-life insurance company, notification of domestic as well as foreign non-life insurance companies from other EU Member States and their respective branches to the Czech Republic and vice versa, founding, incorporation and notification of the branch of a Czech life insurance company in/to Norway; for several clients, both insurance companies as well as investment companies and financial intermediaries, Miroslav participated in complex implementation of regulations related to the MiFID Directive, he represented insurance companies, investment companies as well as financial intermediaries in sanction proceedings conducted by the CNB. Miroslav also participated in the representation of a domestic insurance company in the proceedings before the Financial Arbiter.Show more
Miroslav provided consulting to the branch of the major foreign bank with restructuring the credit line amounting to EUR 53,000,000,--, the beneficiaries being four UCITS funds; incl. number of structured collateral instruments.
Miroslav worked as the head of various teams advising clients with comprehensive M&A/restructuring projects; advising with various acquisition transactions; numerous litigations at Czech courts of all instances as well as arbitration. Miroslav participated in numerous insolvency proceedings, incl. acting as representative of various clients in creditors´ committees of numerous companies, leading the team advising the consortium of significant construction companies in the Czech Republic (railways infrastructure) in a situation when a member of the consortium filed debtors´ insolvency petition (this involved negotiations with the insolvency trustee with a view to continuing the construction projects, submission of claims to insolvency proceedings by other members of the consortium, participation in the review of claims meeting and creditors´ meeting and their further representation in the insolvency proceedings)
Miroslav acted as a member of legal team providing consulting to a Hungarian insurance company in the notification of their non-life branch in the Czech Republic (so called pre-packed notification dossier regime, i.e. complex pre-negotiation of the notification dossier prepared in Hungary with the CNB, incl. revision and adaptation of insurance contracts, General and Special T&C and internal regulations to the Czech jurisdiction).
Miroslav managed a legal team specialized in the implementation of the MiFiD Directive into the practice of brokerage and investments companies.
Miroslav took part in representation in licence proceedings of various financial institutions before the Czech National Bank, including the notification of branches of Czech financial institutions in other EU Member States and the notification of branches of foreign financial institutions from EU Member States in the Czech Republic.
Miroslav participated in a team providing legal consulting to a Czech insurance company with a project of opening the branch in Norway in order to provide insurance products related to local newly enacted system of pension insurance scheme.
Miroslav provided comprehensive legal consulting to various entities on the Czech financial market (both Czech and foreign, including foreign from Non-Member EU States) – to brokers, investment companies, banks, insurance companies, investment and insurance intermediaries and the like.
Miroslav took part in numerous negotiation with regulators of the Czech capital/financial market (formerly the Commission for Securities and currently the CNB) as well as foreign regulators (number of EU Member State and Norway, for instance).
Miroslav conducted and headed numerous legal audits (due diligences), incl. a complex pre-bid due diligences for the client participating in tenders for claims/receivables portfolios by ČKA (the Czech Consolidation Agency) as well as a comprehensive legal due diligence of a significant Czech investment company.
Miroslav, further, participated in two arbitration proceedings conducted before the „London Court of International Arbitration“ as the member of the team of legal experts engaged by the participant to the arbitration proceedings to provide overall legal support and witness statements in the selected area of the Czech law, in particular the securities and capital markets law and regulations and competition law.
A member of a team providing a legal consulting to a company Centrální depozitář cenných papírů, a.s., procuring a settlement of securities trading at the Prague Stock Exchange with a main focus on legal aspects and risk elimination for the functioning of the trading settlement system.
Finally, we can mention that Miroslav was a member of the team providing complex legal services to formerly UNIVYC, a.s., currently Centrální depozitář cenných papírů, a.s. (i.e. Central Securities Depository Prague - the settlement centre with the Prague Stock Exchange – PSE) with the main focus on legal aspects and risks affecting the settlement system of transactions in securities on the PSE, legal aspects of introduction of the settlement system employing netting (as opposed to gross) settlement, risks of the preliminary injunctions and bankruptcy adjudications to the settlement system etc.
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Lucie was born in Karlovy Vary in 1982 and completed her studies at the Faculty of Law of Charles University in Prague where she graduated in 2008. After graduation Lucie worked in two important Czech law firms; Lucie has been an attorney at law registered with the Bar since 2011. Lucie joined BS legal team in December 2016.
Lucie specializes in real estate law, corporate law, construction law, dispute agenda (litigation) and has represented clients in a preparation and realization of development projects. Furthermore, Lucie has experience from the field of railway law, environmental law and with representation before administrative authorities.
Lucie is also capable of providing legal services in English and German.Show more
In the field of real estate law, Lucie has experience with drafting contractual documentation for development of housing and commercial projects, for real estate agencies, with performing the due diligence on the legal status of real estates, with purchases and sales of real estates (including the financing of real estate projects with various collateral instruments), with rental of housing premises as well as premises used for business. She also provides a legal consulting to associations of unit owners and housing associations.
Moreover, Lucie has experience with representation in court proceedings, where she represented, among others, clients in disputes arising from contracts for work, namely on the part of an ordering party (investor) as well as contractors. She also occupies herself with claim recovery, representation in disputes in the field of real estate co-ownership, co-ownership settlement and representation in inheritance proceedings.
Last but not least, Lucie specializes in administrative law where she represents clients in proceedings before administrative authorities, in particular construction authorities, Land register and Nature and landscape conservation authorities.
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Legal consultancy to the parent Austrian bank and its Czech branch with regard to collection of debts, realization of collaterals, , representation at court and insolvency proceedings as well as in complex credit transactions.
Comprehensive legal consultancy to the holding group, including its foreign entities, in the Czech Republic.
Legal services in the field of public procurement and real estates.
Complex legal consultancy to the broker pool company with the licence of an insurance agent and investment intermediary, including drafting of contractual documentation.
Legal consultancy in the field of commercial law, representation in disputes (litigation).
Legal support, especially in relations with suppliers and customers.
Legal consultancy to the Czech branch of the international executive search agency.
ID No.: 71467262
VAT No.: CZ7801210450
CBA Reg. No.: 11759
ID No.: 73629472
VAT No.: CZ8260181919
CBA Reg. No.: 13788
ID No.: 71331701
VAT No.: CZ7709305560
CBA Reg. No.: 10099
The office is located in Malá Strana in a historical building at Jánský vršek 13.
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Information according to the Act No. 634/1992 Coll., on consumer protection, as amended, on a method of out-of-court dispute resolution between a lawyer and a consumer pertaining to the provision of legal services: On Febriary 5th, 2016, the Czech Bar Association was authorized by the Ministry of Industry and Trade of the Czech Republic to conduct out-of-court settlement of consumer disputes between a lawyer and a consumer arising from the contracts on Legal Services (pursuant to Act No. 634/1992 Coll., on consumer protection as subsequently amended). The website of this authorized entity is www.cak.cz.