Nowadays, with the economic crisis, professional advice in business insolvency is one of the most requested services for the majority of customers. This is the reason why Tax Legal has high qualified professionals amongst its lawyers to face these situations. Tax Legal is currently taking part in a great number of insolvency processes both in a provincial and in a national level, as debtors’ lawyers and also in defense of the creditors’ rights. These are some of the services offered:
- Prior examination, diagnosis of the company’s situation to analyze and value the need or obligation to request the declaration of insolvency.
- In case it is needed, preparation of the declaration of insolvency request and all the paperwork required by the insolvency regulations that must go with the claim: assets and rights inventory, creditors, economic and legal memory of the company, etc.
- Legal assistance to the debtor in every stage of the insolvency process.
- Legal assistance to creditors in order to carry out the credit claim in case the debtors were in an insolvency process. If the customer needed it, there would be legal assistance through appearance in the insolvency process in defense of the creditor.
- Legal advice to recover the input and output VAT for customers who have entered an insolvency process and whose fee is unpaid.
In this area, and in some cases in coordination with the rest of the areas, Tax Legal provides a wide professional experience in taxation law offering, amongst others, these services:
- Advice in the reorganization of existing groups of companies through mergers, transfer of assets, values exchange, creation of holding and patrimonial companies, etc.
- Tax advice to plan the succession of the family firm and the distribution of estates, legacies and donations.
- Attendance and management of inspections before the Tax Administration: corporate tax base, VAT, property tax, inheritance and donation tax, etc.
- Pleadings, appeals, claims and requests for suspension against complementary and parallel settlements, statements and diversions of responsibility to companies and administrators, penalty for tax infraction, etc.
- Application for postponements and division to pay taxes.
- Procedures to refund incorrect income.
- Advice, application for discounts and contestation of administrative actions related to local taxes and fees (special contributions, municipal capital gains…)
Tax Legal professionals give advice in the area of company law, including the provision of these services, amongst others:
- Construction and drafting of the statutes of all kinds of companies and commercial entities: anonymous, limited, labor companies, cooperatives, joint ventures, etc.
- Advice and drafting of special statutory clauses and agreements between partners.
- Call and assistance to company’s general meetings, reunions of administrative organs and drafting of the corresponding minutes.
- Company’s modifications and operations: enlargement and reduction of capital, changes in the place of residence, in the corporate name and the corporate purpose, transformations, fusions, splits, dissolutions and closing, etc.
- Actions’ and participations’ buying and selling, partners’ separations and changes in the administrative organs due to closing or resignation, powers’ granting.
- Advice and reorganization of groups of companies through the construction and creation of holding companies, asset and activities contribution, etc.
The area of advising and commercial contracting is also included in commercial law for the celebration, modification, cancellation, resolution of agreements in the company: commission, agency, franchise, distribution, buying and selling and rental of industry, commercial deposits and loans, mediation, commercial cooperation and others.
This commercial advising also includes matters form the intellectual (copyright) and industrial property (patents and trademarks) of the company and everything related to the commercial competition between companies.
As a specific subject inside the commercial legal advice, Tax Legal takes part in different stages of the family business planning, from the first interviews with the business owner and the family and the collection of information and data, to the drafting and subscription to the succession plan and/or family protocol with the aim of regulating and giving legal security to the business and the professional and economic relations between the family and the company, making it easy to transmit it to the new generation.
The provision of legal services in the private law area includes, amongst others, these subjects:
- Advice, negotiation and civil contracts.
- Buying and sellings, promises and buying and selling options for movable properties and real assets; exchanges. Land construction law.
- Renting contracts and sublease of rustic and urban properties and movable properties; renting contracts with option to purchase.
- Loan contracts, debt and credit transfer acknowledgement.
- Deposit contracts, life annuity.
- Work and services loan contracts and all kinds of contracts of cooperation.
- Civil society and community of goods constitution
- Advice and processing in all kinds of mortgage and registration operations: association and segregation, new building declarations, divisions in horizontal property, notarial files, mortgages, termination of charges, procedures before the cadastre management, etc.
- Advice in horizontal property and community of owners.
- Advice and drafting of the files of construction and extinction of real rights (living, usufruct, legal right, mortgages, etc.)
- Advice and intervention in donations and inheritances (will, goods’ acceptance, legates, declaration of heirs…) and the calculation of the pertinent tax.
- Family law.
- Advice in the right to honor, image and personal privacy.
- Advice and creation of non-profit organizations and foundations.
- Advice in consumer and user matters and general conditions of staff recruitment.
Tax Legal offers the labor audit service as an analysis of the company’s degree of fulfillment – as a broad concept- of the labor relations regulations, including basically these areas: Social Security law, labor and labor risk prevention law. A detailed studio of a significant number of employees is carried out.
They are also in charge of the labor advice and the professional intervention in the following matters, amongst others:
- Advice, preparation and drafting of specific contracts inside the company (for example for senior managers and positions of responsibility), and the drafting of special clauses of the labor contracts.
- Preventive advice and negotiation in conflicts with employees (firing, fines, quantity complaints, etc.), advice and representation of the company in the mandatory conciliation acts.
- Drafting of collective agreements proposals, intervention in the following negotiations and monitoring until the final registration and publication are done.
- Drafting of protocols related to the use of computer equipment and programs in the labor relations’ field. (Email, browsing – intranet and internet -, etc).
- Advice in the consequences of commercial operations to reorganize the company, transfers and inheritances related to the company, etc.
- Legal assistance in judicial proceedings (quantity complaints, firing, collective conflicts, fines).
Labor Force Adjustment Plan
Nowadays, as a result of the economic crisis, there is no doubt that professional advice in case of difficulties, in reorganizing a company’s production process adapting it to the new reality has become one of the most requested services for a large number of costumers. This is why Tax Legal has got high qualified specialists in these kinds of situations. Tax Legal professionals are intervening in the preparation, negotiation and processing of a large number of Labor Force Adjustment Plans before the Labor Authority providing, amongst others, these services:
- Prior examination and diagnosis of the company’s situation by analyzing and evaluating the need to request a Labor Force Adjustment Plan, either for contract cancellations or expiration.
- Drafting of the request form of the Labor Force Adjustment Plan and all the files required for the process (if necessary): employees affected, communication of the beginning of conversations with the workers’ representatives, proposal for an agreement, financial report, etc.
- Legal assistance in the negotiation with the workers’ representatives. Drafting and presentation of the agreement proposal.
- Legal assistance in the meeting with the Labor Inspectorate.
- Legal advice during the processing and until the resolution.
Judiciary and Procedural Law
Our goal in this area is to achieve a negotiated alternative to the conflicts that can affect our customers, privates or businesses, always defending their interests. This is why we intend to offer an extrajudicial solution obtaining satisfactory transactions that can make the customers avoid judicial processes, so the convenient prior negotiations are carried out with the parties affected.
However, if the agreement is not possible (prior or following to the beginning of the judicial process), Tax Legal has professionals that intervene in the defense counsel and the representation of the customers’ as a complainant and, if it is possible, appeal (tax appeal board, first instance court, contentious court, provincial court, superior court of justice, supreme court, etc.)
The matters defended by Tax Legal in this area include the attendance before the following courts, amongst others:
- Labor: for those conflicts that appear between the company and the workers or in the labor law and Social Security areas.
- Civil: quantity complaints, controversy in the compliance of duties and contracts, rental litigations, nullity of contracts, inheritance matters, declaration of heirs, damage complaints, complaints for construction defects, judicial cancellation of responsibilities, judicial proceeding to record a title in fee simple, precautionary measures (register entry, foreclosures…), execution of provisional or definitive court decisions, etc.
- Civil/commercial: claims for customers and damages, insolvency proceedings (bankruptcy, suspension of payments, etc), complaints for unfair competitions or related to industrial property, request of public liability to the companies administrators, nullity of companies agreements, etc.
- Tax appeal boards: contestation and managing of complaints against the tax administration (fines, liquidations, etc.) or related to taxpayers’ minutes that have a tax relevance (for example tax repercussions).
- Contentious administrative courts: challenge acts, administrations’ dispositions and acts in the administrative area – state, State Tax Administration, Social Security, Autonomous Community, local government…-, and the precautionary measures request (for example cancellation), complaints for the Administration’s real-estate liability, etc.
- Arbitral tribunal.
New technologies Law
The provision of legal services in the area of new technologies related to information and communications given by Tax Legal include amongst others, the following subjects:
- Audit and diagnosis of the fulfillment of the systems to treat the company’s information established by the organic Law of Protection of Personal Data, and in general, the current regulations in data protection.
- Advice and adaption of the company to the current regulations in data protection, including the notification of files to the Spanish Agency of Data Protection, the establishment and maintenance of the security measures, the elaboration of contracts of the person in charge of the treatment and other documents of legitimation of the treatment of personal data.
- Advice and drafting of declarations and appeals in administrative sanctioning processes that derive from the regulations in data protection and e-commerce.
- Advice in the adaption of the corporative webs to the Law of information and e-commerce society.
- Advice and drafting of the contracts needed in electronic procurement, B2B (business to business) and B2C (business to customer).
Legal advice in company policies related to the use of new technologies such as the use of the email by the workers, the processes to follow in order to send commercial communications through internet, etc.
TAX LEGAL has lawyers specializing in banking law and in particular in the complaint of the preferred participations and Bankia OPS shares. If you are a victim of a trick and you purchased preferred participations of the bank you trusted, do not doubt it, sue the bank and get all the money you invested in preferred participations or Bankia OPS shares back, plus the interests. These kinds of contracts can be declared null.
Preferred participations are an extremely complex product, addressed to a very specific profile of investor. The bank, clearly using a malpractice and abusing your good faith, offered you the product as if it was a deposit when the product didn’t actually adjust to your investment needs. The banks have not fulfilled their obligation to inform, they have not taken care of the client, they have failed to carry out the community regulations and they have benefited from the trust of their clients. Nowadays, the Magistrate’s Courts are full of claims for the nullity of the preferred participations, and they aim for the bank to give the victims their invested money back. You still have time to recover all your money.
If you purchased Bankia OPS shares, you can recover all the money you invested. Thousands of people have decided to sue Bankia requesting the declaration of invalidation of the subscription contract of Bankia shares and the recovery of all the money invested. Bankia provided you with fake accountant and financial information that is unrealistic. One can notice, from the audited annual accounts presented the 25th may 2012, that this company suffered from economic losses even when it started its introduction to the stock market. You purchased Bankia OPS shares thinking it was a solvent company; otherwise you would not have bought a product coming from an insolvent company. The 98% of the judgments of the Magistrate’s Court are favorable to the interests of the victims: the nullity of the shares acquisition and the obligation of Bankia to return the money invested.
You still have time to claim your money, do not hesitate, contact with our specialists.
Tax Legal International Partners
Tax Legal, in cooperation with the law firm Bassas Clemenceu Iuris, offers Franco-Spanish legal advice in the commercial, real-estate and procedural areas, with offices in Paris.
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