The Government will pass a procedure for floor clauses refund

The Government will pass a procedure for floor clauses refund In view of the predictable wave of claims following the ruling of the CJEU, the government will provide banks with a code of good practice, in order for them to give back the floor clauses to their clients. The government will endorse an extrajudicial procedure […]

The crisis hits but does not knock the Spain’s international presence out

Spain’s global presence both in the EU and worldwide remain steady, despite the crisis, according to the “Real Instituto Elcano’s” report “Elcano’s Report on Global presence 2016”. Spain keeps its political and economic presence in the international arena through the Elcano’s Global Presence Index (IEPG, in Spanish), Which is the result of an annual projection […]

Del Canto Chambers bets for Spanish and British relations

el Soft Brexit como alternativa de consenso

Our Managing Partner, León Fernando del Canto, has published an article in the economic journal “Cinco Dias” where he is defending that relations between Spain and the United Kingdom should be maintained after Brexit. He also requires the Spanish government to establish bilateral negotiations with the UK as soon as possible.

Living will as a remedy against medical conflicts when facing death

People deciding to get a living will increase each year in Spain, although it still is a legal resource used by a minority of people in our country. The number of people choosing to get a living will is growing every year. If in January 2013 they were 145,775, in the same month of 2014 […]

Testament and death of a Brit in Spain: what you should know

The existing legislation between Spain and Britain regarding inheritance is complex, mainly because their legal traditions are opposed. While in the UK there is absolute freedom in regards to how the inheritance may be distributed, in Spain by law there is a system which reserves a portion of the inheritance to the so-called “legitimate heirs”, […]

Bad news for Brits with a holiday home in Spain

The British newspaper The Times has published an article by León Fernando del Canto on the consequences, for British citizens owning a property in Spain, of the ECJ’s advocate-general’s decision with regard to the floor-clauses’ no retroactivity: Bad news for Brits with a holiday home in Spain The European Court of Justice’s advocate-general says homeowners […]

Spanish Golden Visa, the most secure scheme to put a foot in Europe

Spanish Golden Visa, the most secure scheme to put a foot in Europe: Spanish Act 14/2013 of 27th September, known mainly for containing the Spanish Golden Visa scheme, was issued to support entrepreneurs and their internationalisation, introducing a new type of visa and residence permit for qualified immigration, in order to promote the international mobility […]

Family Office services: tips to consider in the UK and Spain when setting them up

Different jurisdictions and tax schemes are keys to bear in mind when an FO is established A Family Office (FO) is a kind of business created to manage the single family or group family’s assets and wealth. It deals with wealth management such as financial, real estate and corporate investments  and tax optimisation and its […]

A week marked by the Brexit and… the "Bankxit"

The Brexit’s effects and those caused by the CJEU’s Advocate General’s line on mortgage-floor-clauses in the Spanish banking sector fill our first week up. Lawfirm Del Canto Chambers’ blog started this first July-summer-week a new stage to became a reference blog on commercial law, fiscal law and Private Clients in the UK, Spain and Qatar […]

How can Spanish Bankxit affect mortgages in Spain?

The Spanish Bankxit is a concept that is born from a sentence of the Spanish Supreme Court limiting in time the right to recover the amounts paid to the Spanish banks due to mortgage clauses that have been declared void, mainly the “floor clauses”. These clauses have been common in the Spanish banking practice. And […]

Limiting retroactivity in Mortgage-Floor Clauses is the New Bailout for Spanish Banks

Next July 12 will be decisive for the future of much of the Spanish banking sector and for millions of both Spanish and foreign consumers affected by the mortgage-floor clauses. That day Mr. Mengozzi, Advocate General of the ECJ, will issue his report on these controversial clauses, which have unjustly benefited the Spanish banking system, […]

Real estate investment companies: tax advantages and Spanish residence

In the 60`s REITs (Real Estate Investment Trust) were born in the US, with the goal of making large-scale investments in real estate accessible to small investors. The formula chosen was to equate investment in real estate to investment in any industry; through the purchase of stocks in the stock exchange. Therefore, although not required, […]

Are you eligible for a Spanish Golden Visa?

In order to obtain a Spanish Residency permit by means of the Spanish Golden Visa scheme, you must make an investment in Spain. However, not just any investment will do. It must comply with the criteria exposed in the Spanish Entrepreneurial Act of 2013 in order to make you eligible for the Residency. The first […]

Foreign Notary Deed in Spain

A recent press release from the Consejo General del Poder Judicial (General Council for the Judiciary) reports an interesting ruling of the Spanish Supreme Court. The decision, of 19 June 2012, ratifies the one of the previous instance according the registration in a Spanish Land Registry of a deed of sale of an immovable located […]

Legal update on Spanish time sharing regulations

As published in Conflict of Laws website by Marta Requejo, one year after the expiry of the deadline set by the Directive 2008/122/EC of the European Parliament and the Council of 14 January 2009, on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange contracts, the Spanish […]

Spanish Law on Mediation

The Spanish Real Decreto-Ley (Royal Decree-Law) 5/2012, of 5th March, on Civil and Commercial Mediation is already in force. This provision incorporates into Spanish law the Directive 2008/52/EC of the European Parliament and the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (just for the record, deadline for […]

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