Certamen Creditorum

Professional legal services for your business and investments in Spain

Corporate services

Expert advice for your investments

Our firm has a strong expertise in providing services to international clients. We can assist you in determining the best vehicle to structure your investment in Spain and guide you through all the legal requirements and procedures, whether you want to enter the Spanish market in order to sell your products or services, invest in real estate, acquire a participation in an existing company, form a joint venture, etc.

Once you have decided and executed your investment, we may help you in the management of your holdings and the fullfilment of any legal requirements associated to them, such as the preparation of annual accounts, tax filing, application for municipal licenses and permits, and, in general, provide you with general legal advice on your activities in Spain.

Debt recovery services

We may provide our clients our specialised debt collection and recovery services in Spain: Collect your debts, recover your money and protect your business by entrusting us your outstanding credits in our country.

As a specialized law firm, we are able to offer you the best value for your money; please take a look to the specialized services we may offer you and feel free to contact us to show you how we can help you.

Real estate services

An investor that wishes to acquire any property in Spain should fully understand the local real estate market and have access to the professional advice of local lawyers. Our firm may help you in going over the whole complex process of real estate acquisition and avoid any potential problem with your investment.

The investment process may comprise the following steps:

1) The process will start when you communicate us your investment needs, including the following aspects:

1.1 Type of investment:

1.1.1 Real estate acquisition.

1.1.2 Construction projects.

1.1.3 “Buy to let”.

1.2 Purpose of the investment:

1.2.1 Personal needs.

1.2.2 Short-term investment.

1.2.3 Long-term investment.

1.3 Preferences over the geographical situation of the asset.

1.4 Available capital and external funding required.

1.5 Any additional services required.

1.5.1 Asset management.

1.5.2 Tax assistance.

1.5.3. Environmental or urban planning due diligence.

2) We shall provide you a number of different options that we consider match precisely your needs. Those options may be assets held by real estate companies and financial institutions with which we have collaboration agreements, or assets held by third parties and are publicly sold in the market. The investment may also be performed through the purchase of an existing real estate company.

2.1 This step of the process is what distinguishes us from other companies or institutions who are currently trying to attract foreign investments to the Spanish real estate industry: we do not hold any interest in any asset, and as result we are only interested in giving you information on assets that thoroughly fulfill your needs, not in selling you an asset at any price.

2.2 Visits to the selected assets may be arranged for you.

2.3 Our assistance may comprise a complete study on the urban planning status of the assets. Under the different urban planning laws and regulations, which tend to be of a very high complexity, a good assistance in this matter may make the difference between a successful investment and a nightmare. Depending on the nature of the investment, it may advisable at this moment to perform a due diligence of the assets in the urban planning and environmental areas prior to advancing through the investment process.

2.4 We may also provide assistance related to environmental regulations that may affect certain types of assets (such as industrial premises, country estates, hunting farms, etc.)

2.5 We shall assist you at this moment in the definition of the terms and conditions that should be incorporated to the agreement in the negotiations.

2.6 We shall also assist you in the assessment of the tax implications of the proposed operation.

3) The next step in the investment process should be to conduct the necessary negotiations with third parties to sign the agreements through which you will perform your investment: preliminary agreements, purchase agreements, option (call) agreements, land for buildings swaps, lease and lease-back agreements, construction agreements, agreements with architects, real estate management agreements, etc. An important part of these negotiations would be the negotiation with financial institution in case external funding is needed.

With respect to the purchase agreements, the following precisions may be made: Steps for the acquisition of real estate in Spain.

4) Once the negotiations have culminated and the agreements have been signed, we shall supervise the execution of the agreement, particularly in certain types of agreement such as those related to construction projects or to real estate management.

In parallel to this step, all necessary Government licenses and permits should be obtained in order to allow for this execution and to ensure a complete legal security to your investment. We may, of course, assist you in the required administrative process.

5) We may also assist you in the management of your assets, through actions such as the supervision of agreements with third parties for the maintenance of the asset, the negotiation and supervision of lease agreements, the domiciliation of your interests in our premises in order to receive any official notification related to your investments, or the management of tax issues related to the asset.

6) Lastly, our attorneys may also assist you in the sale of your asset.

Other services

Civil and commercial agreements

  • Commercial, agency, distribution, franchise and supply agreements.
  • Consulting and services rendering contracts.
  • Works and industry agreements.
  • Personal and in rem guarantees.
  • Confidentiality agreements.
  • Sale and purchase of products and goods.
  • Put and call options.
  • Loans.
  • Lease agreements for industries and financial lease.
  • Transport contracts.
  • Aircrafts sale and purchase agreements.
  • Vessel construction agreements.
  • Vessel sale and purchase agreements.
  • Trademarks; assignments and licenses.
  • Intellectual property; assignments and licenses.
  • Proceedings for breaching of contract, agreement termination and liability for damages.

E-commerce and IT

  • Advice to information technologies companies  and  Internet Service Providers.
  • Licensing and technology transfer agreements.
  • Agreements for software implementation and assignment.
  • Advice on telecommunications regulation.
  • Operators’ contracts: interconnection, roaming, sharing of infrastructures.
  • Proceedings before regulatory authorities.
  • Data Protection.

Litigation

  • Negotiations previous to the proceedings.
  • Initiation of judicial or arbitral proceedings in Spanish judicial or arbitral courts.
  • Enforcement in Spain of personal and in rem guarantees.
  • Applications for interim measures.
  • In court settlements.
  • Recognition in Spain of foreign judgements and arbitral awards.
  • Provisional and final enforcement in Spain of domestric and foreign judgments or arbitral awards.

Taxation, accounting and financial services

  • Tax services:
      • VAT administration and annual report
      • Personal Income Tax administration and annual report
      • Corporate Tax: administration, annual report and management of advanced payments
      • Special tax regimes: modules and Singular Objective Assessment
      • Administration of other taxes (Local Corporate Tax, asset transfer tax, etc.)
      • Tax planning
      • General tax advice
      • Tax compliance reviews
      • Assistance in inspection procedures
    • Accounting services:
      • Company operations accounting
      • Annual financial statements preparation (Balance sheet, Profit and Loss account, explanatory report, other documents)
      • Preparation, review and update of official accounting books
      • Settlement of Bank movements
      • Accounting advice
      • Internal auditing and collaboration with auditing firms
    • Other services:
      • Administration of labour contracts
      • Administration of incorporations, modifications and cancellations in the Social Security
      • Administration of wages and Social Security fees
      • Administration of layoffs and severance pay
      • Assistance to layoff settlements (proxy required)
      • General labour advice