Office In Spain

Commercial law area

The commercial law services include:

• Permanent or specific advice in relation to all matters related to commercial law.
• Incorporation of companies and other types of entities, corporate and group reorganizations, transformations, mergers, spin-offs, global equity transfers and dissolutions.
• Sale of companies, companies, businesses and assets: planning, due diligence, negotiation, drafting of documents and subsequent monitoring of agreements.
• Advice on issues related to social bodies; responsibility of directors and administrators.
• National and international associative agreements.
• Hiring in general. Study, negotiation and preparation of all types of civil and commercial contracts.
• Contractual relationships between shareholders, investors, debtors and creditors.
• Legal Secretariat and compliance with the recurring formalities derived from Company Law.
• Drafting of statutes, special statutory and control clauses and voting syndication agreements.
• Audit in legal matters and control of subsidiaries.
• Advice on bankruptcy proceedings.
• Distribution contracts.
• Agencies and commercial representations.
• International means of payment (legal aspects). INCOTERMS.

Area of procedural law, litigation and arbitration

This area includes the provision of the following services:

• Actions in terms of obligations and contracts: both the evaluation of possible conflicts and the legal direction of the different judicial procedures that are entrusted to us, as well as the legal-procedural advice in contracts whose preparation is entrusted to the Firm, with the aim of being able to detect any contingency that could harm the client in the face of further judicial proceedings.
• Actions in corporate matters: from the mere advice, through the preparation and sending of notarial requirements and assistance and intervention in the Boards, to the legal direction in judicial proceedings challenging social agreements and the exercise of liability actions.
• Actions in terms of liability for non-contractual fault, product liability, professional liability and liability for damage to the environment.
• Actions in relation to agency, license, concession, distribution and franchise contracts (termination of contracts, compensation claims for closure of activity, clientele, etc.).
• Actions in the area of recovery of debts: both the pre-litigation procedures and the filing and maintenance of declaratory procedures for claiming amounts, as well as monitoring, executory or mortgage lawsuits.
• Appeals for cassation and protection before the Constitutional Court.
• Lease procedures.
• Execution of foreign judgments.
• Actions before the criminal jurisdiction.
• Complete processing of the disputes of an Entity.
• Review of the procedures of an Entity.
• Preparation and direction, until its conclusion, of procedures for suspension of payments, bankruptcy and bankruptcy proceedings.
• Ten-year responsibility actions (project and construction vices).
• Actions in the field of socio-economic criminal law (corporate crimes, against the socioeconomic order, against the rights of workers, tax, property and related matters).

Tax area (tax)

This area includes the services described below:

• Supervision of compliance with fiscal policy, involving the review of declarations, operations and procedures of both national, autonomous and local taxes, both for private and business individuals.
• Drafting reports for clients analyzing the taxation of ordinary and extraordinary operations of the company.
• Participate in tax inspections in one of the following two ways
  • or acting on behalf of the clients before the inspection itself, considering the case the address and establishing the appropriate procedure;
  • or advising the staff of the client responsible for the inspection, reviewing their performance, providing arguments and advising the acceptance of or disagreement with the final inspection proposal.
• Legal assistance in administrative and economic-administrative tax procedures, from the beginning of actions by the Tax Administration until its conclusion.
• Legal assistance in contentious administrative proceedings in the legal-tax area.

Maritime Scope:

• Administrative-port and maritime-fishing advice.
• Advice on vessel exploitation contracts, chartering.
• Claims of cargo and conflicts in international merchandise trade.
• Faults.
• Bunkering supplies and services.
• «vetting» practices.
• Marine contamination.
• Advice on maritime insurance and Protection and Compensation Clubs.
• Salvages, approaches, findings and maritime extractions.
• Financing, shipbuilding.
• Transfers of ownership of ships.
• Companies and shipping or assembly companies.
• Pre-emptive seizure of ships.
• Litigation practice (Litigation and Arbitration) and trial representation in all types of maritime matters, including administrative-sanctioning processes.

Scope of International Transportation:

• Advice on the Uniform Banking Rules updated as of 1993 (UCP 500) for the opening of documentary credits.
• Advice on the implementation of transport and shipping companies.
• Advice on international contracting based on the terms Incoterms
• Freight transport by road, sea, rail and air.
• Legal advice regarding the contracting of multimodal transport.
• Claims of responsibility to the different agents within the maritime and transport world (consignees, forwarders, forwarders, brokers, etc.).
• Claims for damage to the merchandise, to the ship or to third parties.
• Litigation practice (Litigation and Arbitration)

Work area

Below is a breakdown of the services provided by this department, in the strictly maritime and international transport areas:

• Senior Management employment relationship. Assumptions, analysis of contracts and working conditions.
• Revision of the contracting system and contractual modalities used by the Group Companies. Mobility of personnel among the Group companies.
• Collective framework: Collective agreement of application, agreements and collective agreements.
• Analysis of the remuneration structure of working conditions.
• Labor responsibilities derived from contractors and / or subcontractors, as well as contracts with Temporary Employment Companies.
• Litigation practice (Litigation and Arbitration) and trial representation in labor matters.