Banking Law

Banks

Advice and legal assistance to banks, with a comprehensive, nationwide service that includes:

  • Proceedings brought by third parties against banks.
  • Legal representation in judicial proceedings, defending banks in complaints filed by consumers and companies concerning:

Financial Instruments

  • Preferences
  • Investment funds
  • Structured products
  • International tax law, advice regarding business operations in third countries, non-resident taxation in Spain, legal persons, Entities Holding Securities
  • Foreigners, online taxation
  • Spanish Real Estate Investment Trusts (SOCIMI)
  • Indirect taxation, VAT and excise duties (especially energy-related)
  • Defence and representation in all types of tax proceedings: tax inspections, claims from administrative and judicial bodies
  • Approach to binding consultations

Bank financing products

  • Mortgage loans
  • Multicurrency loans
  • Structured products
  • General contractual conditions of mortgage loans
  • Abusive clauses
  • Floor clauses

Proceedings brought by banks against third parties

  • Loan recovery and illegal occupations

Other services

  • Sufficiency of powers
  • Drafting preliminary documentation
    • Requests for writs
    • Analysing writs to determine strategy
    • Request land registry reports/registration certifications
    • Performing debt settlements
    • Sending and receiving closures to notary public
    • Sending and receiving notarised faxes
    • Legal report drafting (according to pre-established standards)

Remediation of committed assets

  • Title registration
  • Cancellation of resolute conditions, planning charges, rights of reversal, entries of administration, censuses, purchase options, certificates of domain and charges of execution procedures
  • Legal report on the registry-economic status of real estate.
    Status, domain and charges and the existence of debts to the co-ownership association (to apply for the certificate of currency with taxes) etc.
  • Change of cadastral ownership

Pre-signature and signature of sale:

  • Contact with the client and coordinating the transaction to be signed by the parties to the contract, that is, the buyer, owner, notary and sales manager, if the latter is necessary.
  • Verification and management of prior reservation, money laundering, client documentation, etc.
  • Request and review the documentation necessary to sign the deed of sale by the seller, buyer and bank, if appropriate.
  • Adapting standard documents to sale conditions, special clauses, charges and encumbrances, etc. reviewing the operation and the property documentation. Checking documents to ensure everything is in order and the conditions of the property.
  • Arranging signature of the authorisation to represent the party in the transaction.
  • Attending the signature of the deed on behalf of the buyer or seller.
  • Requesting and obtaining keys.
  • Notification of the sale to the Co-ownership Association.

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