#We are a locally owned Madrid-based law firm

We offer a full range of legal services regionally through our downtown office and globally through international networks of mid-sized law firms.

We strive to deliver the highest quality legal work and service to our clients; to be accessible, efficient and responsive; to find practical and effective solutions; to communicate clearly; and to conduct ourselves with honesty and integrity.

#think global act local

Like you, we work smarter, make the complex simple and are driven by our entrepreneurial spirit.
Bound by innovation, not tradition, we continue to redefine the way we practice law.

PERSONAL

#making the complex simple
FAMILY LAW

Legal issues may arise at any stage. We provide you with diligent advice for all your family legal matters in or out of the courtroom.

Areas of Expertise

At the onset of the relationship, be it marriage or common-law, you can take steps to minimize risk and reduce the impact of a possible future domestic claim. Like other areas such as estate and tax planning, advanced legal advice will help you avoid potential pitfalls.

Our experience in Family Law encompasses the following areas:

  • Marital splits, divorces, civil annulments and religious annulments.
  • Rights to custody and visitation.
  • “Alimony” or Compensatory payments.
  • Prenuptial agreements.
  • Coexistence contracts (civil partnership).
  • Actions of recognizing children and filiation.
  • Ineptitude. Tutelage.
  • International divorce.
  • Recognition and execution of sentences

When separation seems imminent, we provide advice regarding pre-emptive measures to protect your interests, for example how best to extricate your living arrangements and finances, or establish parenting roles.

When the relationship has broken down, our team can support you to find a prudent solution for all your legal issues such as custody and guardianship issues, income determination and the division of your assets. Keep in mind that certain assets are excluded from division. Other assets such as businesses, investments and pensions may need to be expertly valued.

You may wish to enter a separation agreement to avoid the expense, stress and publicity of a trial. Sound legal advice and strong negotiating skills are crucial to ensure that your agreement provides you with the best possible solution and that it will stand up if challenged down the road.

Where reasonable agreement is unattainable, we can bring our litigation skills to work for you, and take your issues to court for a judicial resolution. In deciding to take such a step, you need to clearly understand how the law applies to your specific situation. Rest assured that we will explain your legal options at every step.

Your Benefits

We have the knowledge, experience and insight to work with you to protect your interests and to obtain the best possible outcome to the legal problems arising in domestic relationships. Counsel in various areas of law, such as business, tax and wealth preservation, are available to work with your family counsel to provide comprehensive advice tailored to your needs.

REAL ESTATE

Our firm has expertice and experience to advice clients buying, developing and selling residential and commercial property.

In real estate we offer a comprehensive package of services tailored to our clients requirements which includes the following:

  • Due Diligence on acquisition of all types of property throughout Spain and its islands
  • Land Development including assistance with planning permission and rezoning
  • Urban agreements including negotiations with local and regional authorities
  • Real Estate Finance & Auditing
  • Advice on appropriate structures for asset acquisition
  • Real Estate & Construction Contracts
  • Pre-Trial and Litigation Advice

 

INDIVIDUAL TAX PLANNING

All individual residents in Spain are required to report and remit income tax on their worldwide income on an annual basis. Although this requirement sounds straightforward, temporary foreign workers, high net worth individuals and business owners can have particularly complicated personal tax situations that require experienced tax advice.

In some cases, clients will need to rectify errors or omissions from previous taxation years and we can offer assistance with applications under the voluntary disclosure programs for individuals who meet the requirements.

Our firm routinely assists individuals with their tax planning needs. Solutions are often integrated with other services we provide such as: compensation plan design and estate planning and implementation of business structures.

We frequently work in close cooperation with accountants and other existing trusted advisors in a collaborative manner. The end goal is to provide a tailored, tax-efficient plan that meets the personal objectives of each client.

Our team also represents individuals in all stages of their disputes with the several Spanish Tax Authorities.

PERSONAL INJURY

Our firm has a combined experience in helping clients handle every type of injury claim.

Areas of Expertise

We act for individuals who have been injured in a variety of unfortunate circumstances such as:

  • Road Traffic Accidents
  • Head, spinal cord and other serious injury claims
  • Medical Negligence Claims
  • Defective Product Claims
  • Aviation, Rail and Sea Related Claims
  • Slips and falls
  • Legionnaires’ Disease
  • Criminal Injury Claims

Catastrophic injuries are our area of focus, including spinal cord injury, traumatic brain injury and chronic pain.

Dealing with medical professionals and insurance companies can be confusing and challenging. Whether it is completing insurance documents, arranging for appointments with specialists, obtaining reports, finding a rehabilitation specialist or preparing you for legal proceedings, you can count on us for comprehensive assistance during every stage of the process.

Our lawyers have experience at all levels of court and are skilled in alternative dispute resolution mechanisms such as arbitration, mediation and negotiation which reduces the cost and publicity of litigation. We also work closely with highly qualified experts in the fields of accident reconstruction, medicine and rehabilitation so you may rest assured we will put your best case forward.

Benefits to You

When you or a loved one has been injured, your focus should be on recovering your health and peace of mind. Allow us to take care of the myriad details that go into preparing the claim to your insurer or in preparing your case for trial.

With our hardworking, team-based philosophy, you can rely on us to see your case from all angles, make sure you have the information you need and collaborate with you to achieve the best possible outcome.

Wills, Trusts & Estates
  • Testamentos.
  • Heredero y legatario.
  • Sustituciones hereditarias.
  • Legítima y mejora.
  • Reservas hereditarias.
  • Sucesión intestada.
  • Albaceazgo.
  • Aceptación y repudiación de la herencia.
  • Partición y colación de la herencia.
  • Juicios sucesorios.

BUSINESS

#creating certainty for your business relationships
CORPORATE

Our has experience and expertise in all aspects of corporate law.

Areas of Expertise

Clients come to us seeking legal counsel during all stages of their business endeavors. Expect diligent advice on the incorporation and formation of your business as we help you select a suitable structure that facilitates the growth of your organization.

It is crucial for the ongoing success of a business to properly define the parameters of the relationships between shareholders, directors and business partners. To avoid future disputes, our  team can guide you through all corporate governance related matters right from the start.

For clients who are looking to expand their business via mergers and acquisitions, we negotiate and draft all transaction documents, financing arrangements and due diligence for share and asset purchases. By working directly with financiers, we are able to structure arrangements that leave no room for surprises.

In tough times, our team can also guide you through dissolutions and wind-ups, liquidations, revivals, and restorations.

Your Benefits

Rest assured that we share a common goal: creating certainty for your business and business relationships. Based on our experience with all sizes of organizations – ranging  from start-ups to multinational corporations – and structures such as  sole proprietorships and joint ventures, you find in us the right partner to help you plan for the unexpected.

FRANCHISING

We regularly advice on franchising legal issues. Our clients come from a broad spectrum of industries, including the hotel and entertaiment industry.

Areas of Expertise

Franchisors
The myriad of business and legal issues pose a substantial challenge for prospective franchisors wishing to start or expand a franchise in Spain. To build a successful franchise system, we can assist you with:

  • finding the ideal corporate structure for your franchise;
  • preparing all franchise and related agreements for use with franchisees; and
  • registering and protecting your trademarks and other intellectual property.

If you’re a startup franchisor, we can draft contracts to  enable you to grant unit franchises, area development or master franchise agreements.

If you’re an existing franchisor from another jurisdiction we can adapt all of your franchise agreements and other documents so they are compliant with Spanish law.

If you’re a franchisor and the relationship with one of your franchisees has broken down, we can help you on compliance, enforcement and termination matters, including the mediation of a dispute, or if necessary, litigation.

Franchisees
For prospective franchisees, a lot is at stake when the decision is made to buy into a franchise system. From negotiating key elements of the franchise agreement to advising on critical issues such as personal guarantees, currency and supply issues, we will guide you through all steps of the process in order for you to secure the best deal possible.

We know what the key issues are because we draft unit, area and master franchise agreements for our franchisor clients. We know what is standard and what is not.

Your Benefits

We understand franchising as a business as much as we understand franchising as a specialized legal area. Take advantage of our legal experience in franchise law and our practical, businesslike approach to franchising.

Whether you are a startup franchisor, an established franchisor, a non Spain based franchisor expanding into Spain or a prospective franchisee seeking to utilize a franchisor’s brand and business system, you can expect practical legal advice that comes from years of experience in this area.

REAL ESTATE

Our firm advises both lenders and borrowers on the full spectrum of commercial lending.

Areas of Expertise

We understand the tight timelines and cost pressure lenders operate under. Hence, every transaction we handle is guided by two principles: securing the lender and getting the deal done. You can rely on our expertise regarding all types of secured financing arrangements so you can provide your clients with the financing they need in the time frame that they require.

Lenders including public and private corporations, as well as individual lenders have been working with our lawyers in the areas of:

  • Corporate lending
  • Working capital loans / capital loans
  • Project financing / independent power projects
  • Mortgage / real estate financing
  • Mezzanine financing
  • Construction financing
  • Acquisition financing
  • Ship and aircraft financing

When representing borrowers we put an emphasis on working closely with the lender’s legal counsel. This is crucial for finding creative solutions that will give the borrower much needed flexibility while satisfying the lender’s requirement for security.

Your Benefits

As banking matters can increase in complexity when multiple stakeholders are involved, an interdisciplinary team is important to advise clients on any issues that may arise. At Boughton Law we can draw from resources within our Business, Tax and Real Estate teams to deliver a seamless service.

EMPLOYMENT

Our firm advises employers and employees on matters related to employment relationships and labour relations.

Areas of Expertise

A proactive approach to managing your workforce is key in maintaining a successful and reputable workplace. Our lawyers’ expertise supports you throughout the employment relationship, from the initial hiring onwards. Advice from our team on hiring practices, employment contracts, policies, disciplinary procedures, terminations and restructuring will allow you to handle your personnel matters with confidence.

For employers looking for legal counsel on human rights and discrimination issues, you can trust our skilled lawyers to guide you through complex situations involving the basic rights and freedoms to which your workforce is entitled. Whether you operate in a unionized environment or run a business governed by individual agreements, our objective is to protect you from baseless claims when you are faced with court, employment standards or human rights tribunal proceedings.

Employees who have experienced wrongful dismissal, human rights violations or violations of employment standards can rely on us for effective dispute resolution. Whether giving advice in the background or formally representing you in negotiations or in legal proceedings, our team has the experience to ensure that your rights are respected.

Your Benefits

Leverage the full-service capability of our firm for all aspects of business planning, reorganization, and acquisition and sale of businesses that are often closely related to employment matters. If you’re looking to sell or buy a business, we can help you avoid the pitfalls associated with transferring a workforce.

IMMIGRATION

Our firm is vastly experienced in the complex and constantly evolving area of immigration law, offering expertise to both corporate entities and individuals.

Areas of Expertise

From obtaining work permits for executives, managers, technical staff and trades to assisting with the acquisition of their permanent resident status count on our experienced team for sound advice on your corporate immigration strategies. The companies we serve operate in a broad range of sectors such as construction, engineering, film and television, information technology, mining and transportation.

We assist investors seeking permanent entry into Spain on suitable business programs to facilitate your relocation plans. Once you have successfully established your business, we guide you through the process of renewing your permanent resident card, the maintenance of residency obligations and, if desired, obtaining citizenship.

Your Benefits
By partnering with us, you will gain in-depth legal insights. Take advantage of this full range of legal services as we leverage our expertise with colleagues in the Business, Employment and Tax teams to help pre-empt any issues that may arise.

TAX

We provide Spanish tax planning services to a variety of clients located both within Spain, European Countries and offshore.

For Spanish clients, we advise on corporate reorganizations, mergers and acquisitions and estate planning.

For international clients, we advise on Spain cross border transactions, international debt or equity financing arrangements, the formation or reorganization of non-resident trust structures and international business structures for investments in Spain.

In addition to these services, we also assist clients with resolving disputes with Spanish tax authorities and represent them before Spanish courts in respect of tax matters.

HUMAN RIGHTS

Human Rights has been referred to as the basic rights and freedoms to which all humans are entitled. The history of human rights covers thousands of years and draws upon religious, cultural, philosophical and legal developments throughout recorded history.

As a business person your success and reputation demands that you actively and effectively address issues of human rights in your workplace. As this area of  law continues to evolve, the issues become more complex, challenging and costly.

Should your organization need to defend itself against complaints of harassment or discrimination, or proactively develop corporate policies, provide educational training for managers and employees, etc, we can assist. Our lawyers provide practical and effective advice about human rights and discrimination to businesses, educational institutions, professional regulatory bodies, and other organizations. Our lawyers can advise you on policy and represent you before human rights tribunals, arbitration tribunals, as well as provincial and federal tribunals. We also have experience in resolving human rights problems with progressive dispute resolution techniques and creative strategies.

Our firm advices clients in all areas of human rights law, including:

  • Advising professional regulatory bodies on professional regulation and discipline, including admission criteria, admission of foreign trained professionals, and human rights complaints;
  • Developing and implementing human rights policies, with related training;
  • Developing proactive corporate policies and procedures, including conflict audits, to prevent human rights problems and effectively resolve human rights complaints;
  • Developing plans to “accommodate” employees in the workplace;
  • Training managers and employees with respect to discrimination, harassment and their obligations under the law;
  • Providing comprehensive and timely audits, investigations and inquiries, as trouble-shooters, fact finders, and ombudspersons;
  • Preparing responses to complaints; and
  • Representing clients during human rights investigations and before human rights tribunals.
INTELLECTUAL PROPERTY

We help clients to understand, investigate, clear, protect, transfer, licence and enforce their intellectual property rights and we review, draft and negotiate all legal agreements related to them.

Areas of Expertise

We represent local, regional and international clients in a broad range of industries in protecting and managing their trade marks, business and domain names. We advise on clearance and potential risks, recommend strategy, give opinions on registrability and infringement, prepare and file applications, respond to examiners, attend to registration, send cease and desist letters, start or defend against cancellation actions and oppositions, negotiate coexistence arrangements and settlements, draft and review agreements for licensing and transferring trade marks and trade mark rights and, where necessary, enforce or defend trade mark infringement or passing off actions against others.

We advise content providers, owners and licensees on copyright issues, including subject matter, authorship, chain of title, ownership, licensing, assignment, permissions, registration, notice, fair dealing, moral rights and infringement issues in many areas of activity – e.g. software, advertising, visual arts, writing, publishing, design, scientific research, technology, food, wine, photography, education, architecture, film, television and the internet.

We also assist individuals and businesses to preserve and protect their trade secrets, confidential information and privacy rights by establishing protocols and crafting practical and effective confidentiality, non-disclosure and non-competition agreements.

We have extensive experience reviewing, drafting and negotiating provisions and contracts involving intellectual property assets, including licensing, marketing, distribution, technology transfer, franchise, partnership, technical support, publishing, branding, agency, service, manufacturing, design, consulting, research, development, evaluation, employment, independent contractor, option, testing and evaluation agreements.

Your Benefits

Intellectual property often plays a critical role in successful businesses. We focus on helping clients to understand and protect their brands, content and know-how as early as possible and to maintain and manage their legal rights profitably. If problems arise, we advise on the best options available to resolve them in a cost effective way.

Our intellectual property practice also has the advantage of extensive expertise within the firm which we can call on where necessary to advise on employment, corporate, immigration, financing, leasing, insolvency and restructuring, franchising, regulatory and litigation issues.

ENVIRONMENTAL

We advise clients on environmental issues: remediation of contaminated sites, options for cost recovery, the applicability, scope and impact of regulatory offences, emissions cap trading protocols, renewable energy options, directors’ and officers’ liability, residential environmental issues, wildlife protection, federal and provincial environmental assessments, sustainable development (i.e. green technology) and general environmental litigation.

We have experience in the natural resource and energy area providing strategic advice on business transactions, property development and brownfields, civil, regulatory and administrative legal issues and dispute resolution. We can advise on health and safety, including policies and procedures, duties and responsibilities of employers, officers and supervisors, and how to respond to allegations of regulatory violations and charges. We have appeared before boards, review panels, tribunals and courts for regulatory authorities as well as for applicants, defendants and other stakeholders.

We have represented corporations, individuals, and non-profit organizations, protecting, defending and enforcing their interests and assisting them in complying with relevant laws and regulations.

We also advise on business, legal and regulatory concerns relating to sustainable development, including project planning and investment, emissions trading, regulatory proceedings and licensing, green building and community development, power purchase and sale, environmental assessments, land use and rights of way, the movement and disposal of hazardous wastes and materials, the development of renewable energy projects, etc.

NON-PROFIT

We have the experience and expertise to advise on all legal matters that non-profit and charitable organizations may face.

Areas of Expertise

It is crucial for the growth and longevity of your organization to ensure that all aspects are done properly right from the start to avoid risk of liability or other disputes down the road. Our team of lawyers can assist you at all stages of the life of your organization, from its formation through to its day-to-day running.

We regularly advise on the incorporation and formation of not-for-profit corporations, including obtaining and maintaining registered charitable status from the Spanish Goverment.

Directors and executives can look to us for advice on all corporate governance matters such as general meetings and procedures, board and committee structures, director and officer responsibility as well as fiduciary duties. If membership disputes arise, we are capable of guiding you through possible remedies.

Regardless of whether you are an individual, a private family charity, a small community-based organization, a larger provincial or national organization, or registered amateur athletic association, you will receive our full attention and expert advice tailored to your organization’s requirements.

Your Benefits

By partnering with our full service team, you can benefit from a seamless service that covers other areas of law as it applies to your non-profit or charitable organization, such as general litigation, employment law, intellectual property, real estate and other commercial matters.

If you are an individual or corporation looking to participate in planned giving opportunities such as charitable donations and other philanthropic activities, our familiarity and involvement with the non-profit community further allows us to offer you informed insight and assistance.

DISPUTE RESOLUTION

#solving problems before they become insurmountable
ALTERNATIVE DISPUTE RESOLUTION

Our firm alternative dispute resolution team focuses on solving your key disputes through mediation and arbitration.

Areas of Expertise

Often times, the court system does not provide a timely or effective means of dispute resolution. Mediation, arbitration and negotiation is the answer.

Members of our team can be selected as mediators or arbitrators to assist parties in crafting creative solutions to conflict resolution outside of the courtroom. As an independent third party, our mediators’ and arbitrators’ focus is to facilitate an effective process and successful outcomes where all parties feel they have been dealt with fairly and their concerns fully addressed.

For clients who require representation in mediation or arbitration, our lawyers are available to guide you through the process. We advise on the course of action that is most favorable in order to achieve the goals you have set out. Mediation and arbitration differ significantly in the way a settlement is reached. Rest assured, we can help determine which form of dispute resolution is best for you or your business.

Your Benefits

We understand that sometimes it is best to break from tradition and do things differently. Because of the more efficient nature, the higher probability of settlement and the ability to have some control over outcomes, mediation and arbitration results are often preferred alternatives to litigation through the traditional court system.

Our goal is to help you resolve a conflict in the most cost sensitive and timely manner possible. You will benefit from accessing a legal team with extensive experience representing clients in mediation or arbitration and acting as mediators or arbitrators in almost all of our practice areas. With the diverse number of areas of law that our practice groups cover, we trust you will find the right lawyer to represent you or help resolve your specific dispute.

ESTATE LITIGATION

Areas of Expertise

Disputes often arise involving the estate of a person, sometimes even before the person has passed away. When disputes occur, we represent heirs, beneficiaries, estate representatives and trustees (both individual and corporate) to assist in resolving those disputes and to bring or defend claims in court if necessary.

Before death a person may become unable to make personal or financial decisions without assistance. We help family members and others obtain the appointment of a representative for such persons to ensure they are properly taken care of and assisted during their later years and the integrity of their estate is maintained.

After death, the task is to ensure that the deceased’s estate is properly accounted for and distributed according to law. The most important document is the deceased’s will (and any other estate planning document prepared prior to death).

We assist where there is a question of whether the deceased had the required knowledge or mental ability to make a will or to dispose of property or where there is an allegation that the deceased was subject to improper influence when they made their will. We also provide advice concerning the proper meaning and interpretation of the words used in a will.

But even if a will is valid, it still may be challenged. Spouses and children of the deceased have a statutory right to advance a claim to vary the terms of a  will in their favour. And disputes may arise concerning whether the will includes all or only some of the deceased’s property at the date of death

A valid will (or the deceased’s estate if there is  no will) must be properly administered. The deceased may have appointed a representative to undertake this task or a representative will need to be appointed by the court. That representative is under a duty to marshal (collect in) the property of the deceased, ascertain and then pay the deceased’s bills, and then distribute the estate to the proper heirs and beneficiaries of the deceased, all the while providing necessary information to those interested in the estate.

We provide legal advice concerning disputes that arise during the course of the administration of an estate. Such disputes may include a challenge to the appointment of a representative or to the proper handling of the estate and may involve compelling the disclosure of estate information from  the estate representatives to those who are interested in it. We also represent and provide advice to estate representatives about their legal duties and responsibilities and estate accounting.

Your Benefits

Our Estate Litigation group works closely with the lawyers in our Wills, Trusts and Estates group as well as in our Tax group who bring a significant depth of knowledge and experience to assist in the resolution of estate matters and disputes.

COMMERCIAL LITIGATION

We have experience at all levels of provincial and federal courts and before a wide range of administrative boards and tribunals.  Our litigation practice is noted for its expertise in handling complex and multi-party litigation.

We work with our clients to manage the risk of litigation and find the most cost effective and efficient approach to each case.  Our aim is to get to the heart of the issue, avoid lengthy proceedings, minimize the disruption to our clients’ businesses and resolve disputes in a creative and expeditious way.

We have extensive experience in litigating commercial contracts, securities, tax, competition/antitrust, product liability, intellectual property, professional negligence, directors’ and officers’ liability, breach of fiduciary duty, defamation, insurance, real estate, insolvency, fraud, construction, employment, human rights, environmental and constitutional matters.

Our clients include public and private corporations in a wide cross-section of industries, as well as Spanish and foreign companies. We also represent trustees, receivers, monitors, creditors and debtors in major insolvency and restructuring matters.

TAX DISPUTES

Our firm aids clients in resolving their disputes with the Spanish Tax Authorities.

Areas of Expertise

If you have been contacted by the tax authorities, you need a tax lawyer on your side who knows the system and has experience approaching matters from different angles.

We can assist you in all types of disputes relating to income tax, goods and services tax and provincial sales tax . We guide taxpayers through every stage of the process from audit to court with practical advice for an effective defense.

Whether it be complete reversals of assessments or favourable negotiated settlements, you can count on diligent and cost effective representation from our team.

The clients we serve includes entrepreneurs, small business owners, professionals and large corporations.

Your Benefits

The end goal of any tax dispute is to achieve a favourable resolution as efficiently as possible. Frequently called upon to speak on developments in taxation and tax dispute matters, our lawyers possess the depth of knowledge and breadth of experience to help you achieve this goal.

CONSTRUCTION LITIGATION

We act for owners, developers and contractors in construction disputes. We focus on providing creative and cost-effective solutions to lien claims, breach of contract and negligence actions, and claims against architects and engineers.

ENVIRONMENTAL

We advise clients on environmental issues: remediation of contaminated sites, options for cost recovery, the applicability, scope and impact of regulatory offences, emissions cap trading protocols, renewable energy options, directors’ and officers’ liability, residential environmental issues, wildlife protection, federal and provincial environmental assessments, sustainable development (i.e. green technology) and general environmental litigation.

We have experience in the natural resource and energy area providing strategic advice on business transactions, property development and brownfields, civil, regulatory and administrative legal issues and dispute resolution. We can advise on health and safety, including policies and procedures, duties and responsibilities of employers, officers and supervisors, and how to respond to allegations of regulatory violations and charges. We have appeared before boards, review panels, tribunals and courts for regulatory authorities as well as for applicants, defendants and other stakeholders.

We have represented corporations, individuals, and non-profit organizations, protecting, defending and enforcing their interests and assisting them in complying with relevant laws and regulations.

We also advise on business, legal and regulatory concerns relating to sustainable development, including project planning and investment, emissions trading, regulatory proceedings and licensing, green building and community development, power purchase and sale, environmental assessments, land use and rights of way, the movement and disposal of hazardous wastes and materials, the development of renewable energy projects, etc.

CONTACT US

Phone:  (+34)  91 436 49 95
Fax:       (+34)  91 153 15 97
Mobile. (+34)  605 672 177
Send us an E-mail

Velázquez, 27 1º Izq.
28001 | Madrid
España

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