Terms & conditions
Del Canto Chambers advocates for a clear price policy reflecting the value of our professional services. We abide by the Rules and Regulations of the Ilustre Colegio de Abogados de Madrid., and the Ilustre Colegio de Abogados de Baleares. Our Lawyers are regulated by their respective Professional Bar Associations and we abide by the Rules and Regulations of the Code of Conduct of the Consejo General de la Abogacía Española and the Estatuto General de la Abogacía Española (R.D. 135/2021 of 2 March).
Fees Policy
- We are passionate about providing a quality service and strive to respond to all enquiries in 24 hours. Del Canto Chambers has a clear fees policy that is set out in accordance with the nature of the work or services to be provided and the seniority and qualification of our professionals.
- All our lawyers are qualified and regulated in Spain by their respective Professional Bar Associations and they must comply with its Policies and Code of Conduct. Without prejudice of where these professional services are carried out, under the terms of this Client Care Letter and with regards to our Fees Policy, it is agreed by the parties in this Engagement that the Lawyers will abide by the Rules and Regulations of ‘The Madrid Bar Association’ (Ilustre Colegio de Abogados de Madrid), and the Baleares Bar Association (Ilustre Colegio de Abogados de Baleares).
- It is agreed that the provision of these services will be regulated only and exclusively by the rules and regulations of the Ilustre Madrid Bar Association (Ilustre Colegio de Abogados de Madrid), and the Baleares Bar Association (Ilustre Colegio de Abogados de Baleares).
- We advocate for a clear price policy reflecting the value of our professional services. Our fees policy is set out in accordance with the nature of the work or services we provide.
- In addition to accepting instructions through the traditional route by other Professionals, Solicitors, Lawyers and Accountants, we are able to accept instructions directly from members of the public.
Fees Structure
- Our Client Care Letter outlines a clear structure on fees that can be charged on a “Fixed Fee” or “Hourly Fees” depending on the terms agreed.
- Fixed Fee
This is a quote that will be provided based on the work that has to be done in total, how much this will cost you, and the overall amount that you will need to pay for the work that needs to be done.
We try to accommodate fixed fees arrangements as much as possible, based on an estimate of hours of work that we will need to dedicate to your files. There are certain services and work, which Del Canto Chambers is competent to undertake, that cannot be covered by fixed fees agreements due to their extraordinary nature and complexity.
Therefore, any other matter outside the scope of services specifically included in our Client Care Letter, and unless agreed otherwise, will be invoiced separately from hourly fees in accordance with our terms and conditions. Please see a partial list of some of the matters to be considered in this paragraph:
- Arbitration and Mediation dispute resolution services
- Tax and legal advisory services, and in particular review of previous years legal issues and procedures, accounting or tax matters, tax inspections, communications in writing and discussions of any sort with the HMRC or the Spanish Tax Office (AEAT).
- Non-Contentious employment disputes and shareholder dispute agreements.
- Preparation of Personal Income Tax returns and other matters of an extraordinary nature (such as corporate reorganisations, due diligence, mergers and companies divisions, Industrial Property, tax planning, increase of capitals, international tax advice and any other legal advice or legal representation outside our Client Care Letter scope of services which, and unless agreed otherwise, will be invoiced separately in accordance with our terms and conditions.
- Hourly Fees and Rates
It is the value you receive, and not the time we spend, what really matters. For us, providing our services quickly and effectively is paramount. Please be aware that additional fees may be charged if the work carried out goes beyond the agreed scope of work . This will be invoiced according to time spent and agreed with the client.
As an indication of hourly rates based upon seniority, qualification and expertise, please find below our hourly fees:
- Senior Tax & Legal Counsel – £500 per hour
- International Tax & Legal Counsel – £350 per hour
- Registered European Lawyer / Senior Lawyer (Abogado) – £250 per hour
- Tax and Legal Officer – £125 per hour
Our Hourly rates are based upon seniority, qualification and expertise- Please, contact us to ask for a quotation before engaging our services.
In Del Canto Chambers we place a fundamental importance in being double qualified in taxation and law internationally.
The seniority of our international professionals is determined by qualifications and expertise and further details of their qualification and practicing certificate can be obtained from our clerk:
- International Tax & Legal Senior Counsel: A qualified tax lawyer holding a practicing certificate in accordance with the Madrid Bar Associations rules and regulations. Senior Counsel is someone who has more than 10 years of post qualification experience (PQE) and fully qualified in at least another jurisdiction.
- International Tax & Legal Counsel: A qualified tax lawyer holding a practicing certificate in the UK, with more than 5 years of professional experience (PQE) and fully qualified in another jurisdiction.
- Registered International Lawyer: A lawyer qualified to practise with a home title in the UK in compliance with UK Regulations.
- Senior Lawyers: A lawyer qualified to practice in his or her domestic jurisdiction with more than 5 years of professional experience (PQE). Under 5 years experience we’ll use the title lawyer.
- Tax & Legal Officer: Qualified tax & legal assistants working under the supervision of a Lawyer and supporting other professionals by doing organisational, library, research and other paralegal activities.
- c) Conditional Fee Agreements (CFAs)
- A CFA is often referred to as a “no win, no fee” arrangement. Extraordinarily, professional services may be carried out based on a “no win, no fee” case success. Prior to taking this work on CFA, we are entitled to charge an administrative fee in advance, and a percentage based on the merits of the case.
Services excluded from any Fixed Fees Agreement as per our Professional Client Care Letter
- There are numerous professional regulated and non-regulated services, which Del Canto Chambers could render and due to their extraordinary nature, cannot be covered by the fixed fees arrangements. Del Canto Chambers will bill for those services separately.
- Therefore, the services covered in this Client Care Letter, do not include, unless they have been agreed, dispute resolution services including litigation, tax advisory services, review of previous years accounting or tax matters, tax inspections, communications in writing and discussions of any sort with the Tax Administration (AEAT), employment disputes, shareholder agreements appeals to the Administration or Courts, preparation of Personal Income Tax returns and other matters of an extraordinary nature (such as corporate reorganisations, due diligence, mergers and companies divisions, Industrial Property, tax planning, increase of capitals, international tax advice, legal advice and legal representation by Counsel at Court and Arbitration), purchase or sale of properties and any other matter outside the scope of services specifically included in this Client Care Letter, which, and unless agreed otherwise, will be invoiced separately in accordance with our terms and conditions.
Expenses and disbursements
- Expenses and disbursements are not covered by these arrangements as bank, notary or administrative fees, as well as travel expenses or any other disbursements incurred in managing your file. We shall include a detail of those fees in our quarterly invoices.
Payment of Fees
- Payments of Fees are always payable in advance, and we are entitled not to deliver any work until fees have been fully settled.
- Our Fees do not include VAT, Disbursements and other costs which will be charged separately, if applicable.
- Del Canto Chambers reserves the right to apply a 5% late payment charge, plus legal interest. In the case of a dispute regarding our professional fees, these will be calculated on the basis of time spent.
Confidentiality
- The information in any report, memorandum, document or contract model provided by Del Canto Chambers is classified as private and confidential and is intended solely for the attention and use of the client addressed in this Client Care Letter. Therefore, any contents or recommendations provided by Del Canto Chambers, its partners, associates and staff during the course of this engagement will be legally privileged and constitute the intellectual property of Del Canto Chambers. Any dissemination, distribution, publication or copy of these materials is prohibited without written consent of Del Canto Chambers.
Law and Jurisdiction
- Spanish Law will rule over any dispute regarding our professional relationship. It is expressly stated that any Client Care Letter is provided under Spanish Law or Spanish Jurisdiction in accordance with the rules of the Abogacia General del Estado (https://www.mjusticia.gob.es/es/institucional/organigrama/abogacia-general-estado)
Due Diligence, Compliance and Prevention of Money Laundering
- Money Laundering is the participation in any transaction that seeks to conceal or disguise the nature or origin of funds derived from illegal activities. All International Banks, Financial Institutions, Auditors and Law Firms are now required to comply with the ‘Know your Customer’ (KYC) regulations as the most effective means of preventing the use of the financial and legal system for money laundering.
- We are also obliged as a legal service provider to identify who is the Ultimate Beneficial Owner (UBO) of a legal person, corporate, trusts or analogue structures that have the control of those structures, and the obligation to perform due diligence to identify those persons that wish to enter in business with us or the companies under our management.
- Due diligence checks and AML are carried out prior to accepting instructions from clients and KYC rules require having a comprehensive file of our clients, identifying and verifying the information received, properly documenting all transactions and ultimate beneficiaries of identified corporate structures.
- Del Canto Chambers SL is registered in the Companies House of Madrid and Del Canto Chambers Tax Legal SLP is registered at the Baleares Companies House, as services providers to Companies and their Lawyers, Attorneys and Independent Professionals are obliged by The Law 10/2010 of 28th April to identify who is The Ultimate Beneficial Owner (UBO) of a legal person, corporate, trusts or analogue structures that have the control of those structures and the obligation to make a due diligence to identify those persons that wish to enter in business with us or the companies under our management.
- Likewise, Lawyers, attorneys or other independent professionals when they participate in the conception, performance or advice of operations on behalf of clients related to the sale of real estate or commercial entities, the management of funds, securities or other assets, the opening or management of accounts checking, savings or securities accounts, the organisation of the contributions necessary for the creation, operation or management of companies or the creation, operation or management of “trusts”, companies or similar structures, or when they act on behalf of clients in any financial or real estate transaction.
- The KYC rules require having a comprehensive file of our clients, identifying and verifying the information received, all transactions properly documented and ultimate beneficiaries of corporate structures identified.
Right to Cancel and Termination of Instructions
- You have the right to cancel our Instructions within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which the contract is entered into. For example, you may decide you cannot give us clear or proper instructions on how to proceed, or you may lose confidence in our work.
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail to the contact details provided on our letterhead.). You may use the attached model cancellation form, but this is not obligatory.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- Either way, we reserve the right to stop acting on your behalf due to any professional reason or conflict of interest and, if practicable, on giving you reasonable notice of such intention. Our charges will remain due as outlined above or as stated in any separate correspondence.
Effects of cancellation
- If you cancel our Client Care Letter, we will reimburse the payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we were informed about your decision to cancel this engagement.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you requested us to begin the performance of services during the cancellation period, you shall pay us any amount which is in proportion to what has been performed until you have communicated your cancellation of this contract, in comparison with the full coverage of the contract.
Feedback, Complaints Procedure and Unilateral Withdrawal
- The professional conduct of lawyers is governed by the General Statute of the Spanish Bar (R.D. 658/2001), and by the Code of Conduct of the Spanish Bar and the Code of the Bar of the European Union. Articles 80 to 93 of the General Statute for Spanish Lawyers specifically regulate disciplinary responsibility.
- Feedback:
- We welcome feedback on all aspects of our service (both Counsel and Clerking). Positive feedback is always nice but should you (or our client) be dissatisfied with our service and need to raise a concern or make a complaint, you should first refer the matter to us by calling our clerking team anytime to (+34 910 80 08 84) or by email to clerk@delcantochambers.com.
- It is our aim, upon receipt of feedback, concern or a complaint to deal with it quickly and efficiently. We should respond to your complaint within 28 days of the date of receipt of such complaint.
- If after receiving response to our complaint you think that our services do not correspond with the quality and the services we intended for or you think a lawyer has violated the rules of professional conduct, you can proceed to the following:
Complaints Procedure:
- You can either write us a letter to our main business address in Spain below or write an email to our Clerk to clerk@delcantochambers.com indicating the “Complaint Issue and the professional involved”.
- For Address Purposes:
- Identity: Del Canto Chambers, S.L.
- NIF: B87536389
- Postal Address: Calle Alcalá, 54 – 4º Izq. 28014, Madrid
- Identity: Del Canto Chambers Tax Legal SLP
- NIF: B09763400
- Postal Address: Carrer del Sindicat, 74, 07002 Palma de Mallorca
- Telephone: +34 910 800 884
- Data Protection Officer: clerk@delcantochambers.com
- We keep documents and records relating to every aspect of the service we have provided. Our internal systems and case management software provides a real-time audit trail of actions and communications. We will ensure all documents and data relating to any complaint are kept confidential and only disclosed so far as is necessary for:
- the investigation and resolution of the complaint.
- internal review for the purposes of improving our practice.
- complying with requests from the Code of Conduct in the exercise of monitoring and, or auditing functions.
- The disclosure of internal documents relating to the handling of the complaint, such as the minutes of a meeting held to discuss a particular complaint to the Professional Bar Association for the further resolution or investigation of the complaint, is not a requirement.
- A record will be kept of each complaint, all steps taken in response to it and the outcome of the complaint, together with a copy of all correspondence, including electronic mail, and all other documents generated in response to the complaint. For further information, please click here https://delcantochambers.com/customer-services-policy/.
- If the response to your complaint is not satisfactory you may file a standard complaint form to ‘The Madrid Bar Association’ Colegio de Abogados de Madrid and download a copy of the complaint form. For further instructions, please check the complaints procedure in https://web.icam.es/en/the-public/complaint-procedures/ or contact the ‘Madrid Bar Association’ by:
- Personally, with the Registry of the Madrid Bar Association, located at C/ Serrano 11, planta baja, 28001 Madrid.
- By post, addressed to the Professional Deontology Dept. of the Madrid Bar Association, C/ Serrano 11, planta baja, 28001 Madrid.
- By email, to the following address: deontologia@icam.es.
Or file a standard complaint form to the Ilustre Colegio de Abogados de Baleares www.icaib.org
and download a copy of the complaint form. For further instructions, please check the complaints procedure in https://www.icaib.org/ciudadanos/sugerencias/
or contact the ‘Baleares Bar Association’ by:
- Personally or by Post, with the Secretary Registry of the Association, located at La Rambla, 10 · 07003 Palma. (Illes Balears).
- By phone, (+34) 971 17 94 00
- By email, to the following address: secretaria@icaib.org.
DATA PROTECTION POLICY
Your privacy and trust are important to us and this Privacy Statement (“Statement”) provides important information about how Del Canto Chambers, S.L., Del Canto Chambers Tax Legal, S.L.P and Del Canto Chambers Ltd (“Del Canto Chambers”) handle personal information. This Statement applies only and exclusively to Del Canto Chambers’ website at www.delcanto chambers.com, operated by Del Canto Chambers SL, a company registered in Madrid, Spain in Calle Alcalá 54,4º izq. Please read this Privacy Policy carefully and contact our Data Protection Officer if you have any questions about our privacy practices or your personal information choices.
Personal information, purpose and dates of data conservation
- Del Chambers is committed to the responsible management and protection of personal information. Personal information means any information about an identified or identifiable natural person. An identifiable person is one that can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or one or more specific factors of the physical, physiological factors, genetic identity, mental, economic, cultural or social of that person.
- We collect, use, disclose, transfer and store personal information when necessary to provide our services and for our operational and business purposes only.
- The data will be collected exclusively as necessary for the provision of our professional services and to keep you informed of any relevant information and news pertaining to such services and will not be treated subsequently in an incompatible manner with these purposes.
- The personal data provided will be kept throughout the time in which the contractual relationship is in force and even afterwards, during the period of time required by the applicable legislation and until the possible liabilities deriving from the contract are prescribed, for the purposes of the formulation, the exercise or the defence of eventual claims. When we no longer need personal information, we securely delete or destroy it.
- The data and specially protected data related to crimes can be requested when they are necessary for the formulation, exercise or defence of claims, whether administrative, extra judicial or judicial, depending on the merits of the case or the procedural strategy decided for the defence of the interests entrusted to their best and loyal knowledge and technical and legal understanding. In case that it is necessary to treat specially protected data and / or data related to criminal offenses for the execution of the contracted services, the interested party explicitly consents.
The types of personal information we collect
- Identification data: name, surnames, ID or passports, image.
- Contact information: postal address, email address, telephone number, etc.
- Data of personal characteristics: birth, sex, nationality, etc.
- Data of social circumstances: marital status, etc.
- Academic and professional data: training, degrees, etc.
- Details of employment details: job position, etc.
- Economic, financial or insurance data: income, bank details, etc.
- Especially protected data: Health data.
- Data relating to criminal offenses.
- Any financial data needed to provide tax or accounting services.
How we use personal information
- We process personal information for these services – and business – related purposes.
- Legal obligations: we may be required to use and retain personal information for legal and compliance reasons, such as the prevention, detection or investigation of a crime; loss prevention; or fraud. We may also use personal information to comply with our internal and external audit requirements, for information security purposes; and we believe that it may be necessary or appropriate:
- under applicable law, which may include laws outside of your country of residence;
- respond to requests from courts, law enforcement agencies, regulatory agencies and other public and governmental authorities, which may include such authorities outside of their country of residence;
- to enforce our terms and conditions;
- to protect our rights, privacy, security or property, or those of other people.
- Manage the sending of commercial communications, adjusted to a profile and personal preferences prepared from data obtained from own sources and third parties, by electronic and / or conventional means, when the User authorizes it by ticking the corresponding box through the contact forms. In your case, the User’s data will be treated according to said purpose until your consent is opposed by email clerk@delcantochambers.com
When we share personal information
- The User’s data, in general, will not be communicated to third parties. Del Canto Chambers, SL. shares or discloses personal information when necessary to provide Services or conduct our business operations as described below. When we share personal information, we do so in accordance with data privacy and security requirements. Below are the parties with whom we may share personal information and why.
- Third parties for legal reasons: We will share personal information when we believe it is required, such as:
- The Public Administrations in the cases foreseen by the Law.
- Banks and financial entities for the collection of Del Canto Chambers, S.L. services.
- The Courts and Tribunals to manage your claim.
- Notaries, attorneys and registries, if necessary, to carry out the provision of the contracted services.
- The counterpart in the exercise of the right of defence.
- Third-party service providers
Where we store and process personal information
- Del Canto Chambers, is a global organisation, and your personal information may be stored and processed outside of your home country. We take steps to ensure that the information we collect is processed according to this Privacy Statement and the requirements of applicable law wherever the data is located.
- Your personal data is stored securely in Sage for tax and accounting services, Clio, a legal records management software and our email system and documents are filed securely in Google Drive.
How we secure personal information
- Del Canto Chambers takes data security seriously, and we use appropriate technologies and procedures to protect personal information. Our information security policies and procedures are closely aligned with widely accepted international standards and are reviewed regularly and updated as necessary to meet our business needs, changes in technology, and regulatory requirements.
Your right to access and correct your personal information
- We respect your right to access and control your information, and we will respond to requests for information and, where applicable, will correct, amend, or delete your personal information.
- The User can send a request by email to clerk@delcantochambers.com with the Reference “Data Protection”, attaching a photocopy of your identity document, to:
- Revoke the consents granted.
- Obtain confirmation about whether Del Canto Chambers is treating personal data concerning the User or not.
- Access your personal data.
- Rectify inaccurate or incomplete data.
- Request the deletion of your data when, among other reasons, the data is not necessary for the purposes that were collected.
- Obtain from Del Canto Chambers, SL. or Del Canto Chambers Tax Legal, S.L.P the limitation of the data processing when any of the conditions stipulated in the data protection regulations are met.
- Request the portability of your data.
- Claim before the Spanish Agency for Data Protection (AEPD), through the web www.aepd.es or by writing to the General Subdirectory of Data Inspection of the AEPD, Jorge Juan Street, 6-28001-Madrid, when consider that Del Canto Chambers has violated the rights that are recognized by the applicable regulations on data protection.
- Notwithstanding the foregoing, the interested party may contact the delegate of data protection of Del Canto Chambers, whose contact information is through the email clerk@delcantochambers.com.
How to contact us
- We understand that you may have questions or concerns about this statement or our privacy practices or may wish to file a complaint. Please feel free to contact us in one of the following ways:
- Identification of the responsible Data Protection Officer for the processing of your file:
- Identity: Del Canto Chambers, S.L.
- NIF: B87536389
- Postal Address: Calle Alcalá, 54 – 4º Izq. 28014, Madrid
- Telephone: +34 910 800 884
- Data Protection Officer: clerk@delcantochambers.com
Quality Management Policy
In DEL CANTO CHAMBERS the fulfilment of the requirements, needs and expectations of our clients is a shared value that demands the highest levels of quality of the company in all our services, among which the following stand out:
• Legal Due Diligence services for the acquisition of companies.
• Purchase and sale of real estate by foreigners.
• Obtaining residence permits in Spain
• Drafting of a legal and fiscal opinion
Provider Performance Assessment Notification
Our firm holds a quality management system and is certified under the ISO 9001 standard. According to these standards, we are required to register and comply with the Provider Selection, Evaluation and Re-evaluation process. Before doing so, we would like to inform you about the tools provided by our company for this purpose.