Legal

We offer an excellent legal service at very reasonable prices.

SPANISH WILLS & INHERITANCES

A will is one of the most common legal needs, but less than 25% of Europeans have one

As you may know a will is not exclusively about making sure that the right people will inherit without disagreement or problems. It is a formal declaration of intention made by a person in their life-time of their wishes concerning the disposal of their property after their death. We understand the need to preserve and protect your assets and those of your family. If you have purchased or already have a property in Spain, we strongly recommend you to make a Spanish will in order to facilitate the distribution of your Spanish assets.

We advise all our clients that own property or assets in Spain to make a Spanish will which will detail their wishes for the distribution of their assets after death.

This will be particulary helpful for non-Spanish inheritors as the Spanish system is easier where wills exist.

In the Spanish legal system, there are rules governing the distribution of property after death. There are two different types of successions:

  1. Testate Succession which arises when the deceased person has expressed their wishes in the form of a will.
  2. Intestate Succession which arises when a person dies intestate. In this case, the statutory law rules will govern the distribution of the intestates’ estates upon the assumption that people who die intestate would have wished to make provision for beneficiaries. Because they did not make these important decisions while they were capable, these decisions are left up to the Spanish Law. They could have their property distributed in a way that goes against their wishes.

In Spain, the signing of wills must be made by the testator in the presence of a Public Notary who will keep in his file the original document until the day of death, and will register it in the Spanish Central Registry of wills which is situated in Madrid.

If you have already made a will in Spain, please note that your financial and familiar circumstances can change and therefore your will should be reviewed and updated.

If you decide to contact us, we can:

  1. Advise and guide you in preparing or revising your Spanish will. You can make several wills but it is only the last signed will that is valid.
  2. Give advice on Inheritance Tax, and explain the whole procedure for the distribution of the estate after death.
  3. Assist you at the Notary Office when you sign your Spanish will.
  4. Help you to receive and register in your name, any Spanish inheritance where a relative of yours has died with or without a will.
  5. Advise you on Inheritance Tax planning and if necessary on the creation and administration of Trusts.

Our standard fees for helping you to prepare and sign a Spanish will are 250 Euros for one Will (21 % VAT and notary fees included) and 300 Euros for two Wills (21 % VAT and notary fees included).

Our legal fees for assisting you to receive inheritance from a deceased relative will depend on the circumstances and cannot be fixed in advance. Fees and costs vary depending on the work to be carried out and the value of the inheritance. Please do not hesitate to discuss with us us your particular case, and we will be pleased to give you an estimate of how much our work will cost, together with inheritance tax and other costs to be paid.

For further information on wills and estates matters, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to prepare a will or solve your inheritance legal issues.

COMPANY & BUSINESS MATTERS

A full co-ordinated advisory service in the legal, financial, tax and accounting fields

Taking a cross-border initiative such as setting up a business on your own in Spain can be a daunting task for those who are not Spanish and do not speak Spanish. Having the right help and information can often make all the difference. Marbella Solicitors can steer you through the maze of Spanish Laws and regulations, give you access to the right people and help you avoid misunderstandings. Such guidance is an essential requirement for doing business in Spain.

Before you start, contact us and talk to us about your ideas. We will give you free information on how to start-up in business, typical initial costs, legal considerations, and useful addresses and how we can assist putting your ideas into action.

We help clients set up market strategies and identify local partners and suppliers. We advise on legal structure, financing, management structure and employment issues.

We are committed to helping small businesses or larger investors so if you are thinking about starting a business in Spain or you are already up and running, come and talk to us.

We understand that business problems must be approached with an overall view. The growing link between law and tax makes it impossible for the expert to produce an efficient diagnosis and give advice without taking into account the implications of both areas.

We can provide a fully co-ordinated advisory service in the legal, financial, tax and accounting fields to all our commercial and business clients by delivering advice that is effective, efficient and value for money. Our aim is to provide practical advice that demonstrates an understanding of our clients’ business.

To help your business become firmly established in Spain we will provide all necessary legal advice, information, guidance and the highest level of attention and service from the first moment you contact us. We understand that the early stages of trading can be some of the hardest and that businesses do not become successful overnight. We will offer you assistance in these difficult times. You will not be on your own. That is why a visit to your place of business, without charge, is one of the first things we do.

When you contact us you have access to a vast range of services available through our network of contacts.

Our service covers most aspects of running a business: · Legal considerations. · Finding premises.

  • Employing staff.
  • Tax & financial advice.
  • Translation of legal and other documents.
  • Health & safety regulations.
  • Buying a shop.
  • Site acquisition and development.
  • Commercial & residential development projects.
  • Town and country planning.
  • Leases of all types of business property.
  • Advice on purchase or sale of a business.
  • Transfer and renewals of licenses or obtaining new ones.
  • Renting a business property.
  • Local authority regulation of businesses (local licenses).
  • Accountancy advice.
  • Choosing and using an accountant.
  • Buying, selling and financing companies & business.
  • Commercial & trading agreements of all kind.

Full secretarial management service for companies:

  • Company formation.
  • Maintenance of statutory records.
  • Annual returns.
  • Provision of directors, secretaries and registered office address.
  • Changes of directors and offices.
  • General, legal and financial advice to companies and their directors.
  • Off-shore company structures
  • Book-keeping, accounting, internal audit and reporting services.

For further information on our business services, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case, listen to your ideas and help you put them into action.

PREPARATION & NEGOTIATION OF CONTRACTS

Well drafted terms and conditions will help you avoid disputes and save considerable time and money

There is a Golden Rule in all countries: Do not sign any document (public or private) or agreement without consulting a solicitor.

It is vital that an experienced professional studies the terms and conditions of any agreements which have to be signed. Not following this Golden Rule can create many future problems and cost a lot of money, so before signing any document or agreement please contact a professional.

We have wide experience in preparing contracts:

  • Private, commercial and trading agreements of all kinds.
  • Rental contracts.
  • Construction contracts.
  • Purchase contracts.
  • Loans & mortgages.

We can review, prepare and negotiate on behalf of our clients any kind of contract or document. Our fees for preparing, revising or negotiating contracts and agreements are reasonable. A figure cannot be given in advance because our fees can vary, depending on the complexity and type of the document, but an estimate will be provided within 24 hours.

For further information or if you require any assistance with a contract, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to sign a trouble free agreement. Remember that well drafted terms and conditions will help you avoid disputes and save considerable time and money.

LITIGATION & COURT MATTERS

You can count on our support

Whether you are a Spanish resident, or not, if you have a serious problem or dispute you can count on our support. Whether you are plaintiff or defendant we are here to help. We will meet and discuss the most appropriate way to deal with your issues. After studying the matter we will advise how to resolve it through negotiation or arbitration and if this appears impossible we will pursue your case with your through the legal system.

When necessary, we will help you through the difficult process of taking the matter to Court. But as we understand that taking a case to Court can be a lengthy business, before launching into litigation we will talk to you about finding ways of settling your dispute, which meet with your approval.

We can offer specialist services in matters involving litigation, arbitration and court procedures in civil, criminal, labour and administrative jurisdictions. If necessary, we will use all our expertise and experience in taking your case before the lower and higher Courts and Tribunals to protect your interests.

Our Law Firm provides extensive litigation services in different matters ranging from major commercial disputes to small debt collection cases. Our experience extends from contractual claims to advising on property disputes, but we are specialists in:

  • Real Estate property claims against developers.
  • Community of Owners Law and disputes.
  • Accidents & personal injury litigation.
  • Negligence claims.
  • Car accidents & insurance claims.

If you have suffered an injury caused by a third party in Spain you will not have to deal with it alone. We can pursue a claim for compensation and will negotiate on your behalf and take the matter to court if necessary.

  • Insolvency, asset/debt recovery &collection.

If a business fails which owes you money, we can act in Spain to make sure that your interests are protected. We will advise on all legal aspects of insolvency and asset recovery including possible voluntary arrangements. We will endeavour to find your debtors or their assets in Spain and will take them to Court if necessary.

  • Breach of all types of contracts.
  • Consumer disputes.
  • Compulsory purchase and compensation.
  • Employment contracts and redundancy rights.
  • Family Law.
  • Emergency injunctive works in areas such as contract and employment (Injunctions).
  • Rental & Tenancy disputes.

If you need swift and effective action to stop something happening which could damage your interests (your rights are being infringed, assets being sold off, etc.), we can advise you on the best route to follow and, if necessary, seek injunctions in the appropriate courts. For further information on our litigation service or any other court matter, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to solve your problems.

GENERAL LEGAL REPORTS, ADVICE AND ASSISTANCE

Efficient and effective legal information to protect your interest.

We know that clients are demanding more and more customised services, better value and instant responses to enquires. As solicitors, we offer the possibility of providing quick general legal advice or preparing written technical and legal opinions on any kind of matter regarding Spanish Law.

We can also provide you with quick access to current Spanish Laws in plain, understandable English.

Fees, costs and time for preparing these kinds of written legal opinions cannot be given in advance. However, within 24 hours of receiving an enquiry, we will give you an estimation of our fees for preparing a written report and the time we need to prepare it.

In general, we provide a rigorous and precise written report on any legal matter within one week.

For further information on this service or requesting any written legal opinion, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and provide you our technical legal-fiscal opinion.

EMPLOYMENT & INDUSTRIAL RELATIONS

Employment laws are complex and changeable in all countries.

With the change of these laws, it is becoming increasingly important to take advice during the preparation of contracts.

If you are going to work or are already working in Spain we can guide you regarding contracts of employment, redundancy rights and obligations. We will explain how Spanish Employment Laws affect you, your rights and the necessary requirements (work and residence permits) to work legally in Spain.

Whether your are an employer or an employee we will protect your interests taking your case to Industrial Tribunals, if necessary.

For further information or any enquiry, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to solve your employment problems or queries.

INMIGRATION, RESIDENCE & WORK PERMITS

The right advice is vital to get your residence permit.

Spanish Authorities have adopted a restrictive policy regarding the issuance of work and residence permits for foreign nationals and strictly enforce work permit requirements to encourage the hiring of Spaniards rather than foreign nationals.

The authorities endeavour to issue work permits only to foreign nationals who have special characteristics or who fall into one of the preference categories established by Law (national of a Latin American country, descended from Spanish parents, etc.). This is most important if the applicant is not a citizen of the European Union (EU).

Residence Permit (Permiso de residencia).

A foreign national who wishes to reside but does not wish to work in Spain must apply for and obtain a valid residence permit.

There are 3 types of residence permits: Initial (one year), Ordinary (3 years) and Permanent. The application for a residence card must be presented to the Police authorities and the total procedure can be completed in two months.

Resident & Work permit (Permiso de trabajo).

For a person who also wishes to work in Spain, the Work and Residence permits are issued on approval of the application by both the Spanish labour and police authorities. Therefore, the denial of one permit means the denial of the other.

A work permit is not required for European Union (EU) nationals and, therefore, EU nationals can work in Spain without a work permit and while their residence cards are being processed.

Nationals of countries that do not belong to the European Union (EU) who wish to work and reside in Spain must apply for work permits and they cannot work while their working permits are being processed.

Applying for a work permit in Spain is a lengthy process. In total, the procedure may take up to ten months. The applicant’s employer must file an Application for Work and Residence Permit with the Dirección General de Trabajo y Seguridad Social (Labour authorities). If the applicant does not have a legal residence in Spain, the initial application for a work permit must be made at the Spanish consulate in the country where the applicant lives.

If the applicant is already in Spain as a non-working legal resident, the initial application may be made directly to the Spanish labour Authorities.

The same regulations apply to selfemployed foreign nationals as for those applying to work for a specific Spanish company.

For further information, or if you require any assistance with this, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to obtain your Spanish residence and work permit.

NIE NUMBERS & OTHER RESIDENCE LEGAL DOCUMENTS

You are able to take full advantage of all our knowledge and expertise.

We understand that foreigners or non-residents can have many linguistic and cultural problems in dealing with Spanish Authorities and other bodies. Steps to obtain documents such as Residence Permits, NIE number (fiscal Identification number), drivers’ license, etc. are normally not complicated but the process can be difficult if the right guidance and advice is not requested.

We have much experience in obtaining all kinds of documents for foreigners and non-residents, and can also arrange for the notarisation, legalising, apostilling of documents. We can help you to save time and avoid problems obtaining permits and documents on your behalf or advise you of the precise steps you have to follow to request them yourself.

NIE Number (Fiscal Identification number for foreigners).

All Spanish citizens have an identity number which also acts as their fiscal identification number. This number is used for all correspondence with the tax office and other authorities. It is called the DNI. It is the number on the identity card which all Spaniards carry and are required to show on demand from authorized officials such as police.

If you are not Spanish you cannot obtain a Spanish identity card and do not need one. However you will need a fiscal identification number if you intend to conduct any financial transactions within Spain. These numbers are called NIE, are personal and can be obtained from the police offices by completing applications and supplying documentation to prove identity. This is usually a certified copy of the passport which is attached to the application form.

Anyone from the EU can enter Spain without such an NIE number but cannot do many day to day things without one. If you intend to buy property, buy a car, take out insurance and many other financial transactions in Spain you will a NIE. Both husband and wife or partners wishing to conduct joint transactions will each need their own NIE.

Obtaining an NIE can be complicated and time consuming for any new arrival in Spain particularly if Spanish is not easily understood or spoken.

We can help and have helped many of our clients to obtain their NIE at the outset of transactions. So if you are considering a transaction in Spain please tell us. The process from application usually takes about 3-4 weeks to conclude after which you will be legally able to conduct your business needs in Spain.

Car registration, drivers’ licenses, translations and apostilling of documents, containers, (contracting an insurance), etc.

Obtaining these documents in Spain can be sometimes very complicated for those who do not speak Spanish and have to deal with different Spanish authorities: Custom public bodies, Inland Revenue, Traffic Authorities, Patronato Offices, Local Town Halls, Regional Governments, Social Security Authorities, Police offices, etc.

Why deal with these complicated matters alone when our Law Firm can do it for you?

With a proxy or limited power of attorney we can arrange all these legal paperworks on your behalf so you save time and money.

For further information, or if you require any assistance on these matters or any legal, administrative or tax paperwork’s in Spain, please do not hesitate to contact us. We will be pleased to study your particular case and help you with all the Spanish paperwork.

PURCHASE & SALE OF GOLF SHARES

The purchase or sale of shares must be completed before a Public Notary

The Golf Share market is changeable and often agents are speculating with the prices. If you are thinking of purchasing or selling a golf share in Spain we can assist you to make a hassle free purchase or sale and to avoid excessive commissions.

As you may know, the purchase or sale of shares in some Spanish companies (Limited Liability companies) must be completed before a Public Notary so private documents are not valid. It is important to take advice before signing any purchase/sale document.

If you contact us we will make the necessary arrangements and negotiations to complete the transaction effectively. If you are purchasing, we can:

  1. Contact the seller to request share information (number of the share, company, Golf Club, etc.).
  2. Advise you on market prices of different golf shares.
  3. Check the share document you are purchasing and make the necessary searches to find out that the share is ok.
  4. Prepare the Purchase Title Deed and assist you before the Public Notary. In case you can not be in Spain for completing the purchase we will act on your behalf. E) Pick up original share document purchased and send it to you.
  5. Contact the Golf Club and register you as new member of the club paying the entrance fee on your behalf.
  6. Arrange the payment of the share through our client bank account.

Please note that if you purchase a Golf Share you only become a shareholder of the Spanish company. To play Golf you must be registered as a member of the Golf Club and pay a joining fee and annual fees.

If you are selling, we can:

  1. Contact the purchaser providing all share documentation requested.
  2. Make the necessary arrangements to sale your share before the Public Notary.
  3. Assist you before the Public Notary or act on your behalf in case you can not be in Spain for completing the sale.
  4. Inform you on your tax liabilities in case a Capital Gain Tax arises and help you to settle your taxes.

Our standard fees for both purchasing and selling golf shares are 400 Euros (21 % VAT included). Please note that Notary fees are approximately 200 Euros and are paid by the purchaser.

For further information on our purchase & sale of golf shares service, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to make a trouble free transaction.

EXCHANGE CONTROL AND FOREIGN INVESTMENT LEGISLATION

It is essential to file the right official forms with Authorities.

Foreign investments by private investors from abroad, exchange controls and capital movements are unrestricted and fully liberalised, and in all areas there is, in general, complete freedom of action. The general principles of current legislation are the absence of requirements for prior authorisation. Prior clearance is required in cases of investments of significant amounts involving countries classified as tax havens for tax purposes. In these cases investments must be declared in the Foreign Investment Register.

The Spanish Government is authorised, under exceptional circumstances, to prohibit or limit certain transactions if they seriously affect Spanish interests.

Thus, it can be said that exchange control has been established in order to calculate the Spanish balance of payments and to maintain statistical and tax control of monetary flows. Some transactions must be declared to the Bank of Spain and certain mechanisms are envisaged for payments and receipts from abroad.

It is essential to file the right official forms with Authorities when funds come into Spain or go out from Spain in order to avoid problems and fines with Spain’s strict investment and money laundering regulations.

For further information on this matter, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and explain how these regulations apply to your particular investments.

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