Audit
Legal and financial support for each audit
From the Audit and Corporate Restructuring department, we provide the services required by legal regulations, often involving audits, as well as legal and financial support for restructuring processes.
Our team includes registered ROAC auditors, as well as certified experts in corporate restructuring in accordance with recent Spanish and European regulations.
Services required by legal regulations
In all cases, we provide a close, honest, and sincere service where we analyse the best options and potential solutions for each circumstance in an optimal and client-favourable manner.
The fee system in some cases can be based on a success agreement.
Audit services
- Audit Reports (voluntary or mandatory) for accounting and financial matters in compliance with Spanish regulations, signed by ROAC auditors.
- Audit of accounts for substantiating grants and R&D projects (over 1000 certifications completed to date).
- Issuance of certification reports verifying the Non-Financial Information State under the guidelines of the European Commission and the standards of the Global Reporting Initiative (GRI).
- Valuation of companies and assets.
- Preparation of economic and accounting expert judicial reports for courts (commercial, criminal, or civil).
- Forensic reviews and audits aimed at detecting accounting or commercial fraud or crimes.
Restructuring services
- Preliminary solvency and viability assessments.
- Financial diagnostics and ratio analysis.
- Preparation of viability plans.
- Negotiations with financial and operational creditors.
- Legal analysis of possible options in the face of impending insolvency.
- Entity restructuring plans.
- Judicial approvals of the developed plans.
Before purchasing a property
An ideal location
Valencia is the third largest city in Spain, after Madrid and Barcelona, so choosing this city for a property investment is a strategic choice. Both for its tourist attractions and for its architecture. Therefore, it’s not only an opportunity to rent but also to buy a second home.
Legal compliance:
At Delaguia & Luzon, our experienced solicitors and legal advisors are at your disposal, whether you are looking for a foreign investment in Spain, a Spanish investment abroad or properties in Spain.
Property acquisitions are carried out in compliance with the current legislation on urban planning contracts and taxation. It is also our responsibility to anticipate any issues that may arise.
Therefore we advise you on the following procedures before an acquisition:
- Reports on the legal situation before the purchase of property in Spain.
- Information on urban conformity prior to investment.
- Assistance and advice in notarial and administrative procedures, as well as in all matters relating to tax clearance.
- Declaration of non-resident (model 210) and advice on fees and taxes from various bodies: City Council, AEAT (State Tax Administration Agency), SUMA (Regional Tax Administration Agency).
- Verification of activity licences and construction of land and buildings.
- Drafting of private sale and deposit contracts.
This list is not exhaustive; we tailor the legal checks and procedures to your property and personal situation.
After buying a property
Anticipate the possible issues:
Our work is based on adaptability, whether problems are unpredictable or predictable.
Thus, during the 2020 pandemic, we were able to very quickly deal with the issue of applying the “rebus sic stantibus” clause to leases in an exceptional context.
Likewise, we can confirm that the foreseeable issues posed by a property project are already being taken into consideration by our team. They will be dealt with just as quickly as unforeseen problems.
From the creation of leases to litigation:
If you plan to rent your property, it is important to know that, contrary to what is believed, it is not easy to draft a legal contract.
The drafting of such a document requires technical expertise, both in terms of law enforcement and judicial interpretation. Thanks to more than 25 years of experience, each solicitor has sufficient knowledge to deal with misinterpretations or abuses by the judge or the other party.
The services we offer are designed to provide comprehensive support, from A to Z.
After purchasing a property, we offer the following services:
- Drafting of leases for residential or commercial premises.
- Advice on lease contracts, legal advice and dispute resolution between landlord and tenant at the time of termination of the lease.
- Attendance at meetings of co-owners and neighbours.
- Legal advice on boundary conflicts (property boundaries), easements, electricity, water, usufruct, community and property conflicts, co-ownership, etc.
Insolvency scenario
In cases of insolvency, and collaboration with our legal department:
- Preparation and submission of the bankruptcy declaration to the courts.
- Analysis of the sale of productive units.
- Negotiations with FOGASA (Wage Guarantee Fund) and public administrations.
- Coordination with the legal insolvency administration.
- Closure and liquidation of the entity.
Vertical co-ownership
In France and all European Union countries, it is common to use the horizontal co-ownership scheme. In Spain, however, buildings are subject to vertical co-ownership.
It is essential to know the specificities of Spanish law in vertical co-ownership:
- Differentiate between proprietary and common elements.
- Identify the different standards for different buildings, within the limits allowed by law.
- Continue the fight against abuses by certain co-owners.
- Establish the functions of the president.
- Establish the functions of the general meeting.
- Establish the duties of urban property managers.
Advice on contentious and non-contentious procedures
In our law firm, we will offer you all our advice in this area, as well as the possibility of acting on your behalf in meetings if necessary.
Naturally, we are prepared to defend your interests in the event of litigation.
Do not hesitate to contact Félix de la Guía if you have any questions in this area.
