PRACTICE AREAS

commercial, insolvency and finance

PRACTICE AREAS

CORPORATIONS

  • Advising corporations on the establishment and management of board secretariats, by-law amendments, and dissolutions and winding-ups.

  • Representing partners and minority shareholders to protect their interests.

  • Advising on changes in corporate structure (transformations, mergers, spin-offs, global assignment of assets and liabilities, and international transfer of registered offices).

  • Advising on drafting of stock syndication and shareholders’ agreements (Corporate Governance).

  • Advising on restructuring processes for business groups.

  • Advising on restructuring processes of family companies and drafting family protocols to ensure good corporate operations and understanding between the partners.

MERGERS AND ACQUISITIONS

  • Advising on acquisitions and sale of companies, including M&A, MBO, and LBO transactions.

  • Preparing and reviewing due diligence reports, letters of intent, non-disclosure agreements (NDA), sale and purchase agreements (SPA), granting of different kinds of guarantees (securing undertakings of representations and guarantees), by-law amendments, and resolutions beyond the scope of the by-laws.

COLLECTIVE INVESTMENT UNDERTAKINGS AND INVESTMENT FIRMS

  • Incorporation of and advising management companies of collective investment undertakings, investment firms and open-end investment firms, investment funds, hedge funds, and the marketing in Spain of foreign collective investment undertakings (cross-border commercialization). Extensive experience with the CNMV (Spanish Stock Exchange Commission) and the Bank of Spain.

INSURANCE

  • Advising both clients and insurers regarding contracting and filing claims.

COMMERCIAL AND FINANCIAL CONTRACTS

  • General national and international commercial contracts, such as distribution agreements (TV channels, books, insurance, shares and quotas of Spanish Collective Investment Undertakings (IIC), etc.), delivering services, agencies, franchise, collaboration, provision of services, leasing, floor planning, project finance, turn-key (EPC), outsourcing, sale of real estate and personal property (Internet portals), free concessions and exchange of aircraft engines.

  • Financing, refinancing and securities both in and out of insolvency proceedings.

  • Advising companies, credit institutions and public companies on executing financing agreements (loans and credits) and establishing different types of in rem and personal securities and guarantees and, in particular, bonds, mortgages and pledges.

  • Advising on and drafting templates for general and specific conditions for contracting for large retailers and distributors.

  • Advising for alliances and joint ventures.

NON-PROFIT ORGANIZATIONS

  • General advising to non-profit organizations (foundations and associations).

INSOLVENCY

  • Advising on insolvency matters. Preparing and submitting pre-insolvency proceedings (art. 5 bis LC) and insolvency proceedings with and without prior negotiation to obtain an advanced proposal for agreement. Negotiating and executing approved insolvency refinancing agreements and providing advice during the common, arrangement and/or settlement stages.

  • Insolvency filings.

  • Protecting the interests of insolvency creditors, communication of credits, negotiating with the insolvency administration to rate credits and proposals for insolvency agreements, challenging inventory lists and insolvency incidents.

COMPETITION

  • Abuse of a dominant position:  general advising on abusive practices.

  • Economic concentration control:  notifying the Spanish authorities.

OTHER AREAS

  • Drafting Legal Opinions.

  • Intellectual and Industrial Property.

  • Advising national and international companies on renewable energy as regards establishing and acquiring photovoltaic plants.

  • Advising various national and international companies on aviation law.

  • Advising on maritime law matters, preparing vessel charter contracts and drafting the general conditions for sea passage. Performing all types of actions and procedures for the preventive attachment of ships.

Civil

PRACTICE AREAS

THE FIRM COVERS ALL CIVIL AREAS, WITH A PARTICULAR FOCUS ON:

  • Advising on various types of obligations and contracts.

  • Advising on successions and donations.

  • Preparation of family protocols, ensuring thorough coverage of corporate, succession and family aspects.

  • Real estate and urban planning advising in relation to different issues, including the drafting of due diligence reports, engagement agreements, sale and purchase options, management of property registries and mortgage issues, as well as advising on condominiums (propiedad horizontal) and statements of third party domains (tercerías de dominio) and injunctions on new buildings.

  • Rural and urban leases.

  • Drafting Legal Opinions.

litigation and arbitration

PRACTICE AREAS

We have extensive experience in defending our clients in courts of all instances in all sorts of commercial and civil matters, in contract, insolvency, and corporate disputes as well as in liability actions against directors. We also have a wealth of experience in international litigation; we have been involved in a wide array of trials between companies of different nationalities and in the enforcement of foreign arbitration awards and court decisions, with particular focus on:

  • Civil contractual and extra-contractual liability.

  • Succession conflicts, including all types of court proceedings.

  • Procedures regarding the validity, interpretation, implementation and termination of civil and commercial contracts.

  • Procedures regarding ownership, transfer, possession and administration of real property.

  • Corporate conflicts, challenging corporate resolutions, shareholder disputes, execution of paracorporate agreements and liability actions against directors, auditors and managers.

  • Challenging corporate resolutions.

  • Claims for payment.

  • Debt collection and exchange procedures.
  • Advising on separation, divorce and annulment of marriages.

CONTACT

Do not hesitate to contact us. We will be delighted to assist you.
+34 91 700 1644
c/ Miguel Ángel número 11 – 6 planta, 28010 Madrid