Legal Opinion Letter Sample (Ultimate Guide)

An example legal opinion letter can be found here. This example will show you how to formalise and submit your legal opinion.

To have a thorough and clear grasp of how to write a formal legal opinion letter, read this complete tutorial on how to write a legal opinion flawlessly.

Is there a legal opinion?

The attorney's professional conclusions about specific legal situations and topics on which his or her reasoned opinion was asked are expressed in a legal opinion.

A legal opinion is an attorney's reaction to specific legal concerns that are always backed up by appropriate legal authorities.

What is the definition of a legal opinion letter?

A legal opinion letter is a formal written communication from an attorney to a client or colleague that offers the instructor's reasoned view on pertinent legal matters.

This guide will show you how to do the following:

Formal legal opinion letter sample
What are the steps to writing a legal opinion?
Legal opinion template.

1. FORMAL LEGAL OPINION LETTER SAMPLE

Managing Director

Good International Co. Limited
P.O. Box ______

Dear Sir

Re: Exemption of duties on temporary equipment importation: a legal opinion

Introductory
The interview and your email of [date] are referred to, in which you requested a legal opinion on the question of duty exemption on temporary importation of equipment by you for exploration operations done by Better Co. Ltd, which is eligible for duty exemption.

Backdrop
Better Co. Ltd [Better] is a Tanzanian exploration business that has been formally registered and granted operating permission.

Better wants to contract your company to execute drilling operations in the Better Licensed area, as we are aware.

We're also aware that your company has equipment for this operation outside of Tanzania's jurisdiction.

We're also aware that Better is entitled to import duty exemption, which it is not permitted to pass on to its contracting service firm under the legislation.

Examining the Laws
The following statutes have been reviewed for this opinion:
Act No. 1 of 2005 on Customs Management in the East African Community
Customs Control in East Africa (Regulation of 2006)
VAT Act No. 24 of 1997, as modified, and its rules

The Limitation of Assumption
We have assumed the following assumptions for the sake of this opinion:-
You have supplied accurate and complete information.
Tanzania doesn't have your company registered.
Your company is not based in COMESA or SADC, where a bilateral or other agreement exists between a state and a neighbouring nation on any subject or activity.
The PSA is in perfect working condition.

Opinion
After reviewing the information you supplied as well as all applicable Tanzanian regulations, we have reached the following conclusion:

The East African Community Customs Management Act No. 1 of 2005, East African Customs Management (Regulation of 2006), and Value Added Tax No. 24 of 1997 as modified to control the importation of equipment and goods by investors in the petroleum sector.

With the knowledge that the tools and equipment to be imported for the project would be capital in character and so exempt from import charges. This means it doesn't matter if Better or if you are imported the equipment.

The exemptiappappliesl equipment as long as it is classified as capital in the Customs Tariff Book. Before they may import, however, Your Company must be registered locally and apply for a TIN and VAT certificate.

Under the provisions of item 8 of the third schedule of the VAT Act 1997, exploration businesses are typically exempt from paying VAT on imports. As a result, the stated imports will not be subject to VAT.

However, the TRA would need to see an exploration licence, which I think BETTER has but not your firm. Furthermore, because VAT is only a transactional tax, it is not a cost.

So, while your firm will have to pay VAT on imports (because of the lack of exploration permits), they will be able to claim the VAT paid as a refund if they are VAT registered and have a VAT Registration Certificate.

Temporary importation, as authorised by the East African Customs Management Act, may be considered when items are imported for short-term usage (EACMA).

This, however, can only be for one year and cannot be renewed. Section 117(i) of the EACMA makes this possible. That items imported for a limited time are free from import charges.

According to Section 132(g) of the EACMA Regulations, the exemption will only be granted once an application is submitted to the relevant office using Form C17.

Importation may only take place if the relevant official has approved. The competent authority must be convinced that the products are fit for temporary use, and such authorization can only be granted after the Importing Company has provided security for the amount of the import duty that would otherwise apply to the items. The deposit obligation might be waived by the Commissioner.

Better may have an offshore arrangement where Your Company and Better sign into a hire/purchase agreement with the option for Better to export equipment to Tanzania in its for apply. The contract for equipment and service will be different in this scenario.

This opinion has been provided for the benefit and use of Better and may not be utilised in any form by anyone other than the intended recipient without the author's prior written authorization.

This assessment is based on the information provided to us.

Warm regards.

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2. WHAT ARE THE STEPS TO WRITING A LEGAL OPINION?

The following procedures must be followed when writing a legal opinion:

1. Taking the client's directions

A legal opinion letter is built upon this foundation. You should interview them to figure out what they want.

What exactly does the customer desire?

The case's/background issues

supporting papers

The client will have questions, and the response must answer them. The following are some possible questions to ask.

Is there any merit to the argument?

What are the options if this is the case?

Compensation for damages?

Is this action or lawsuit defendable?

How can liabilities be reduced if this is not the case?

2. In the process of composing a legal opinion letter

First, read the directions to make sure you understand what you're supposed to accomplish.

It is critical to begin an opinion with a quick review of the facts surrounding the topic with which you have been tasked.

This is a smart approach to use since it ensures that the reason for the argument is not misunderstood.

Before you start reading the other documents in the brief, organise them such that the most significant is read first.

3. Organize and absorb the information.

Make a list of everyone who was involved, as well as the goods that were used.

Create a timeline of important dates and data.

Make a list of whatever numbers you're given.

Identify and record any gaps in the data.

Make a list of places where there is proof and where it is needed.

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4. Respond to the main concerns.

What information does my customer require?

You must have a thorough understanding of your client's needs.

Your client cares about the facts because they affect her. Will I be liable to the plaintiff for damages, for example?

How much, if so? Will I be held accountable? If so, how long will the punishment be? Is a fine possible instead of a sentence?

5. Create a framework for your legal opinion letter.

You should;

Ensure that all of the work listed above has been accomplished correctly.

Determine your findings so that your opinion is clear and consistent.

Make a list of all the components that must be addressed by the opinion and choose an appropriate framework.

Make detailed notes for the opinion, including all factual and legal information.

6. Decide what to do next.

Is your problem urgent? If you have a sense of urgency, act quickly. Before you write an opinion, make decisions on the job that has to be done.

Determine if a conference or extensive legal study is necessary if an opinion cannot be produced without more labour.

Consider if you should return the brief if it is beyond your experience or practice areas.

Beforerafting an opinion, complete all relevant tasks. Before writing the opinion, make a list of everything that has to be done.

Obtain any further factual information from the lawyer as needed. Conduct any required legal research, taking careful notes on the results for future reference.

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3. LEGAL OPINION TEMPLATE

To:
XYZ Contracts Company Ltd
Address
___________________
___________________

[Date]
Dear Sirs,

[Project Name] Contract for Difference

Introduction
We are referring to the Contract for Difference (the "Contract for Difference") between (1) [Generator] (the "Generator") and (2) the CfD Counterparty, dated [], 20[]. Terms and terminology defined in the Contract for Difference have the same meanings in this letter unless otherwise defined.

This letter is sent following (A) of Part A (Initial Conditions Precedent) of Schedule 1 (Conditions Precedent) of the Contract for Difference's Conditions.

In conjunction with the Contract for Difference, we served as English legal advisors to the Generator. Solely the Generator and the CfD Counterparty may rely on this letter, and it may be used only in conjunction with the Contract for Difference.

The supply of this opinion does not indicate that we owe any duty of care to anybody other than our client concerning the content of the Contract for Difference or the Contract for Difference's commercial and financial ramifications. This opinion does not establish or establish any client relationship between this firm and the CFD Counterparty.

This letter expresses our views on some aspects of English law as of today, as applied by English courts. We make no statement about European Union legislation as it applies to or would be implemented in any jurisdiction other than England and Wales.

We have not investigated any additional laws and do not have an opinion on them.

English law governs and is to be applied to this communication.

To write this letter, we looked at:
A signed and executed copy of the Contract for Difference, which includes version [], 20[] of the Contract for Difference Standard Terms and Conditions;
A copy of the Generator's Certificate of Incorporation, [the Certificate[s] of Change of Name,] Memorandum and Articles of Association (together with the resolutions and agreements filed under section 30 of the Companies Act 2006 and its predecessors), certified by [name of certifying director or secretary] as true, complete, and up to date;
A certified copy of the minutes of the Generator's Board of Directors meeting held on [], 20[, signed by [name of certifying director or secretary] as genuine, full, and up to date; and

We have done the following for [], 20[[], a search was conducted at the Registrar of Companies for the Generator; and
[phone] lookup the Central Registry of Winding-Up Petitions on [], 20[]].

We've done our homework [details can be provided] and are confident that:-
The resolutions and authorizations passed at the meeting referred to in paragraph 7(C) have not been changed, revoked, rescinded, or superseded since then.
Under Part, I of the Insolvency Act 1986, no proposal for a voluntary arrangement has been made, and no moratorium has been obtained in the case of the Generator.
The Generator has not issued any winding-up notices or resolutions.
No application or petition has been filed with a court, ao court order has been issued for the generator's winding up or administration, and no action has been done to strike off or dissolve the Generator.
There has been no appointment of a liquidator, administrator, receiver, administrative receiver, trustee in bankruptcy, or similar officer in respect to the Generator or any of its assets or earnings, and no notification of such an appointment has been provided or lodged.
There have been no insolvency or similar actions filed in any country outside of England and Wales regarding the Generator or any of its assets or income; and
Entry into and performance by the Generator of the Contract for Difference will not violate any borrowing restrictions in the Generator's Articles of Association.

Assumptions
We've presumptively assumed the following for this letter:
The information revealed by the Searches was comprehensive, up-to-current, and correct as of the day each was completed,and has not been changed or added to since then; and
The Searches did not fail to reveal any relevant information for this opinion that they should have provided.
The proceedings of a properly convened, constituted, and conducted meeting of the Generator's Board of Directors are accurately recorded in the minutes referred to in paragraph 7(C); and
In approving and entering into the Contract for Difference, the Generator's board of directors acted in good faith.

Opinion
We believe the Generator:
under the laws of England, is lawfully established and legitimately existing; and
has the authority to enter into and fulfil the Contract for Difference, and has taken all required steps to authorise it to do so.

Reservations
Following are our reservations:
In this letter, we offer no view on the legitimacy, binding effect, or legality of any of the provisions.
The Generator's contractual rights and responsibilities; and
The Searches do not provide convincing evidence of insolvency proceedings being filed against the Generator or any of its assets.

Yours faithfully,

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Legal Opinion Letter Sample (Ultimate Guide)