In the event of imminent or current insolvency, we offer you our experience to support and guide you in:
- Acting as spokesperson with creditors and the Bankruptcy Administration.
- Assessing and studying your company’s financial and capital situation during a possible crisis, in order to determine the degree of insolvency you may face.
- Defending administrator interests during the liquidation phase.
- The most recommendable actions to take to attempt to recover normalcy in your business (refinancing debt, corporate re-structuring, negotiation with creditors, etc.).
- Planning, declaring and carrying out the bankruptcy process.
- Refinancing and agreements during pre-bankruptcy phase.
The Corporate Department’s main purpose is to provide qualified consulting services to the corporate community in different areas of business, proactively and comprehensively, in collaboration with experts from other departments at Welllaw, such as Labour, Fiscal, Procedural Law and Accounting, safeguarding the client’s business interests.
Our corporate department provides services both to public and to private companies. The following services are of note:
- Board member compensation.
- Constant support to Company governance entities to fulfil corporate obligations.
- Corporate and shareholder restructuring (establishing holding, capital increases and decreases, mergers, de-mergers, divisions, moving international corporate headquarters, global assignment of assets and liabilities, etc.).
- Corporate purchase-sale processes for assets or production units (i.e. due diligence, shareholder agreements, letter of intent, purchase contracts, etc.).
- Creation of Companies.
- Drafting corporate bylaws and agreements and shareholder agreements (Partnership Agreement, Family Protocols, Anti-Block Agreements, etc.).
- Periodical review of the company’s capital situation, oriented toward preventing a possible legal dissolution cause for legal insolvency.
- Policies of Good Corporate Governance (information and transparency, social corporate responsibility, etc.).
- Regulation and operation of Board of Administrators.
- Secretary Services (Board Secretary Position, custody over books, corporate headquarters, drafting minutes, etc.).
- Active consulting service in different areas of competition law, such as concentrations, anti-competitive agreements, unfair competition, dominant position, anti-dumping agreements, etc., and not just nationally and in Europe, but also for international commercial operations.
- Judicial and extra-judicial assistance in disputes and controversies regarding competition.
Consulting and litigation advise in fulfilling obligations stemming from Spanish and Community regulations on Protection of Personal Data.
- Defence in sanctioning procedures for not complying with the Spanish Data Protection Act (LOPD).
- Defending fundamental rights to privacy, dignity and image.
- In-house training on compliance with Spanish Data Protection Act (LOPD) obligations and security measures.
- Preparing reports on regulatory compliance with the Spanish Data Protection Act (LOPD) and e-commerce security (LSSICE).
- Registering files with the AEPD (Spanish Data Protection Agency).
- Support in processing actions to exercise rights to access, rectify, correct or delete.
- Writing Security Document and Spanish Data Protection Act (LOPD) clauses.
Welllaw Abogados is aware of how it important it is for your company to correctly regulate your relationship with your employees. For this reason, we offer constant labour consulting services on issues that arise while carrying out your activities, including both legal labour consulting, and the innovative task of assessing human resource direction and management.
Furthermore, in the event of conflict, our team will attempt to seek out a friendly resolution, avoiding resorting to legal channels.
If it is not possible to reach an agreement, thanks to our team of specialised trial attorneys, we reliably prepare to defend our clients’ interests before the judge by appearing, attending and representing the client at Court. We also support the client by writing up all different kinds of legal documents, such as lawsuits, pleadings, request for proof documents and appeals to higher courts (High Court of Justice, National High Court, Supreme or Constitutional Court) (Spanish Tribunal Superior de Justicia, Audiencia Nacional, Tribunal Supremo or Constitucional).
We provide special support to Family Companies and their Family Committee, affording them all the tools within their reach to successfully regulate the difficult relationship between the company and the family, properly ensuring any company change or succession.
- Analysis of the family company’s structure and configuration and the family groups that make it up.
- Applying for subsidies to implement the Family Protocol.
- Constant consulting services for the Family Committee.
- Consulting Services on the Inheritance and Gift Tax.
- Drawing up documents for company succession (wills, pre-nuptial agreements, etc.).
- External consultant for the Family Committee.
- Family protocols.
- Property Tax.
- Consulting services on company internationalisation processes.
- Moreover, we provide services to support the business community in seeking out financing and aids to successfully complete the internationalisation process decided upon.
- Negotiating and drafting all kinds of commercial contracts that govern international transaction relationships in different sectors (distribution, transport, alliances and joint ventures, etc.).
- Planning and focusing product and service exportation and importation operations around the world.
- Actions to recover IP rights and cessation for undue use.
- Advertising, sponsorship and merchandising.
- Applying for, and processing registration procedures for all kinds of national or Community intellectual property rights (patents, brands, commercial names, software, databases, etc.).
- Confidentiality Agreements.
- Negotiating, writing up and reviewing all kinds of transfer agreements, licences for use and exploitation of intellectual and industrial property rights (i.e. scripts, musical and audio-visual creations, image rights, know-how, literary creations, software, IT applications, operating systems, etc.).
- Registration application opposition procedure.
- Technology transfer agreements.
The Litigation Department is in charge of your legal representation during procedures of civil, labour and administrative-contentious jurisdiction, as well as voluntary jurisdiction (arbitration). Some of the services provided include the following:
- Consumer Arbitration.
- Court approval of agreements.
- Debt recovery.
- Execution of titles and seizures.
- Filing administrative appeals.
- Filing and responding to disputes.
- Legal assistance throughout the entire judicial phase (hearings and trial).
- Negotiating and adopting extra-judicial agreements.
- Reconciliation actions.
The Mercantile Department of mergers and acquisitions has ample experience in planning, reorganisation and restructuring, and public and private company purchase processes, in all commerce sectors and the industry, both nationally and abroad.
To this end, we have an excellent team of attorneys with mercantile, fiscal and accounting knowledge. With their multi-disciplinary specialisation and years of experience in corporate consulting, they get the job done with a proper focus, swiftly and efficiently.
- Corporate conversion (S.A. (Co.), S.L. (Ltd.), collective, limited partnerships, etc.)
- Corporate purchase-sale processes of assets or production units (i.e. due diligence, shareholder agreements, letter of intent, purchase contracts, MBOs, LBOs, etc.).
- Dissolution and liquidation processes.
- Mergers, de-mergers, divisions, global assignment of assets and liabilities.
- Restructuring and creating Company Groups (Holding).
We evaluate compliance with regulations on obligations related to money laundering and financing terrorism (prevention manual, appointment of representative, due diligence in compliance, etc.)
Furthermore, we take charge of processing all documentation and information with Administrations and bank entities that regulations may require in regards to money laundering or payment method.
In the Public Law Department, we provide our consulting and litigation services both to the administration and to individuals. The following services, in addition to others, are of note:
- Administrative Appeals and Administrative Litigation.
- Administration asset liability.
- Consulting services for local entities, and particularly to public business corporations.
- Public procurement and bid awarding processes for works and services.
- Sanctioning procedures.
- Sectorial procedures: mines, water, electric, transport, etc.
- Subsidies and aids.
During situations of crisis and possible insolvency, our restructuring department can offer you the following services:
- Agreements to defer payment with different administrations (Tax Agency and Social Security).
- Debt recovery procedures for nonperforming balances.
- Defence against possible reinstatement actions.
- Defence of administrators in processes to assign Administration Responsibility, as well as responsibility for corporate debts and bankruptcy responsibility.
- Legal credit protection during collection procedures and during the bankruptcy phase.
- Reaching refinancing agreements with credit entities and other creditors.
- Studying and developing a feasibility plan for the company in crisis.
Our Town Planning Department has experts in land planning, management and land use, providing consulting services in real estate law and complementary branches, such as real estate taxation, tourism and leisure and time-sharing.
- Adapting tourist complexes to regulations on time-shares.
- City Planning Agreements
- Compensation and Preservation Boards.
- Consumer Credit.
- Defence against possible sanctioning procedures.
- Equal distribution and expropriation projects.
- Land title purchase contracts with consumers.
- Preparation of general, land-use and land-development blueprints.
- Processing licences and authorisations.
- Review of compliance with city planning and sectorial regulations (water, coasts, mines, etc.).
Consulting, preventive and contentious (judicial and extra-judicial) advisory service, heeding to possible circumstances of unfair competition your business may suffer, or in which you may play a part, such as:
- Aggressive practises.
- Deceit and confusion.
- Deceitful omissions.
- Denigration, comparison and imitation practises.
- Gaining advantage from third-party effort and reputation.
- Illegal advertising.
- Misappropriating third-party reputation.
- Unfairly attracting employees and clientele.
- Violation of secrecy.