Legal advice in Spain

Our clients are above all small and medium-sized enterprises and businesses that we accompany and advise in Spain in legal corporate and commercial matters.

Also, we provide legal advice for private persons focusing on specific areas to ensure the best service possible.

Our law firm has a clear international vocation. An important number of our clients come from the English and German-speaking area seeking legal advice in cross-border matters related to Spain.

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Civil and contract law

In the range of civil and contract law, we advise among others in the following matters:

• German and Spanish Civil Law including the civil foral law that coexists with the Common Law in Spain, in particular, Catalan Civil Law
• International Private Law Fragen and the determination of the applicable law (e.g. in case of cross-border contracts and operations, mixed marriage, civil partners and unions, etc.)
• Reparation and revision of civil contracts (such as sales, leases, tenure, services, works, loans, donations, etc.)
• Legal advice in tenancy law (lease contracts for residences, offices and business premises, vacations, and tourist apartments)
• Property  and rights in rem (mortgage, life estate, servitude, emphyteusis, right of Anode, community owners, joint possession, co-proprietors, time-sharing, etc.)
• Land register, Register of movable objects (registration, revision, extracts, certificates)
• Draft and review of general terms and conditions; Register of General Terms and Conditions (examination, registration, review, certificates)
• Defects liability and warranty, product liability, manufacturer’s liability, tort, and damages
• Consumer protection (distance selling,  contracts negotiated away from business premises, consumer credit, etc.)

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Inheritances

Often, inheritances are complex and sensitive: The intricacies of the regulation are difficult to overlook and vagueness ends rapidly and unintentionally in controversies. This is true in national matters but even to a greater extent in successions with foreign elements. For example, Spain has no uniform law of succession, and the legal orders sometimes provide very different solutions.

The last will, therefore, be prepared well and executed even better. We focus on inheritances related to Spain, either because the bequeather or his heir resides in this country or assets are located there. We advise, amongst others, in the following matters:

• German and Spanish law of succession including the Spanish foral law, in particular, the Catalan law of succession
• Planning of the inheritance with residence or assets in Spain or planned relocation
• Transfer or donation of assets during the bequeather’s lifetime (anticipated inheritance)
• Examination and draft of last wills and testaments, contracts, etc.
• Registration of last wills, testaments, and other dispositions in the Spanish Testament Register, certificates
• Corporate succession and business assets
• Draft and examination of waiver of inheritance or statutory heirship rights
• Lasting power of attorney, guardianship directive, health care proxy, advance directive, and living will, especially when the interested person is resident in Spain and plans to pass there his sunset years
• Legal advice regarding statutory heirship rights that are regulated very differently in the legal systems
• Legal advice and representation after the decease
• Location and assessment of the value of assets in Spain (check of Registers, certificates of the Spanish Testament and Insurance Register,  determination of the minimum tax values)
• Legal advice regarding acceptance and renouncement of the inheritance, limitation of liability, and execution of the last will
• Legal advice regarding bequests and conditions
• Administration and dissolution of communities of heirs
• Optimization and declaration of the Spanish inheritance and gift tax (capital transfer tax)  
• Legal advice regarding the local Capital Gains Tax (plusvalía municipal) in Spain and its declaration
• Assistance to the curatorship of the estate in Spain
• Judicial proceedings regarding inheritances

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Commercial law and distribution

Commerce and distribution is our passion. We advise, in particular, in the following areas:

• Market entrance and the right contract form
• Commercial agency agreements (draft and examination, claims and examination of compensation and indemnity for commercial agents, etc.)
• Distribution agreements with authorized dealers (draft and examination, claims and examination of compensation and indemnity for distributors and authorized dealers, etc.)
• Import, export, and distribution agreements
• Commission agreements
• Beverage industry (on and off-trade, distribution agreements, manufacturing license, production and bottling agreements, container beer, brewing agreements, food law, and labeling)
• Mandates
• Franchising agreements
• General terms and conditions, terms, and conditions of purchase and delivery
• Sales and distribution networks, selective distribution systems, horizontal and vertical cooperation, block exemption (BER)
• Defects liability and warranty, product liability, manufacturer’s liability, tort, and damages
• Trademarks, trade names
• Convention on contracts for the international sales of goods, Incoterms, and cross-border contracts

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Company law

We advise companies and private persons to begin with the establishment of the company and not end with its operational business. This includes:

• Legal advice regarding the establishment of the company
• Incorporation of companies and election of the best legal form (SL, SA, etc.)
• Ongoing legal device in all corporate matters
• Assistance and legal advice regarding the company secretary (secretaría)
• Legalization of company books
• Preparation of general assembly and executive meetings
• Companies’ register (registrations, certificates, maintenance)
• Shareholding and subsidiaries
• Restructuring and reorganization (commutation, mergers, spin-offs)
• Corporate sales
• Due Diligence, M&A
• Liquidation and bankruptcy
• Assistance regarding the outsourcing of typical corporate services (accounting, taxes, human resources, auditing)

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Labor law

We advise companies and private persons, amongst others, regarding the following matters

• Executive and directors  (terms of employment, draft, and examination of contracts, etc.)
• Work contracts
• Social Security
• Legal advice regarding appointment, dismissal, and withdrawal including indemnity
• Representation before the arbitration committee (CMAC)
• Judicial labor proceedings
• Restructuring, dismissals, and layoffs (ERE)
• Short-time work (ERTE)
• Assistance regarding the outsourcing of typical labor services (payroll, social security, income tax)

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Tax law

In tax matters, we advise private persons to focus on specific areas related closely to our other practice areas. The main focus is inheritances and everything related to this area. In particular:

• Application for a Spanish Foreigner Identification Number (NIE), the all-purpose number you need for almost everything in Spain
• Application for a Tax Identification Number (NIF) and tax registration in Spain
• Application for an electronic certificate for tax and administrative area
• Legal advice regarding Spanish inheritance and gift tax (capital transfer tax)  
• Legal advice regarding the local Capital Gains Tax (plusvalía municipal) in Spain
• Assessment of tax values (e.g. of real estate or vehicles)
• Legal advice regarding the Spanish Real Estate Tax (IBI)
• Legal advice regarding the Spanish Income Tax for Non-Residents (e.g. Second Residence Tax, rentals, capital gains, etc.)
• Declaration of assets and ownership overseas (model 720)
• Declaration in Spain of foreign investments (e.g. the declaration ETE, the declaration of investments in companies not listed on the stock exchange, real estate or values in Spain or abroad)
• Tax declaration and returns in the aforementioned areas
• Assistance regarding the rectification of tax returns and recovery of undue payments

Please contact us and we will inform you.

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Litigation and enforcement

• Litigation and representation in civil and commercial lawsuits
• Claims of receivables
• Judicial dunning procedure according to Spanish and German law
• European Payment Orders (EPO)
• European Small Claims procedure
• Proceedings of the ordinary and voluntary jurisdiction
• Recognition and enforcement of judgments in civil and commercial matters issued in the European Union
• National and international arbitration procedures
• European Enforcement Order (EEO)
• Insolvency (proof of debt, representation at creditors’ meetings, declaration of bankruptcy)
• Preventive measures to avoid disagreements, conciliatory proceedings

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