Guillén Bécares’ International Law Department consists of a team specialized in advising societies, business groups (parent companies and subsidiaries) and also individuals, by giving them advice about the setting-up of their foreign companies in our country and also about the investments they want to make whether in our country or abroad. We have vast experience in real estate, industrial and company operations international investments (the latest regarding mergers and acquisitions).

Guillén Bécares has a specialized team in European legislation as well as in the legislation of other countries outside the European Union. Our professionals are also familiar with the United States and African countries’ legislations.

Our international vision forces us to have an active presence around the globe. That is the reason why, since a decade ago, the firm is part of a European Law Firms association, the European Lawyer’s Group, which gives us the support of more than twenty law firms from fourteen countries.

In order to learn more about European Lawyer’s Group, we suggest you to visit the association’s website: www.euro-lawyer.org. You can also ask us about it in our email address.

The related work fields are the following:

• Commercial advice to foreign societies or to international corporate groups.
• Contractual advice about all kind of international contracts.
• Tax advice. Comprehensive international tax and accounting management service.

The Procedural Department offers solutions to Guillén Bécares’ customers who have the necessity to refer to the Court of Justice in order to obtain a legal recognition of their rights and obligations. It offers advice in the preparation and submission of legal claims and it also tracks the proceedings in all their levels.

The related work fields are the following:

• Civil: Claims for payment, declarative matrimonial and family proceedings, public liability, contractual liability, leasing proceedings, horizontal property, structural flaws and construction contracts.
• Commercial: Corporate disputes, administrators responsibility, challenging of corporate resolutions, unfair competition, declaratory proceedings about the validity and execution of contracts, intellectual and industrial property.
• Banking: Mortgage procedures, monetary enforcements, declaratory, property and exchange proceedings.
• Arbitration: Arbitration proceedings in the civil and commercial fields.
• Judicial Review: Judicial Review proceedings resulting from the customers’ legal relationships with the Public Administration.
• Judicial Review appeals in front of all court authorities.
• Social: Court Proceedings before the labor court in all their levels. Labor rights and obligations recognition proceedings and dismissal procedures in which we advise both the employee and the company.
• Criminal: Advice and legal assistance as prosecution or defense in crimes and offences regarding properties and individuals and companies’ socio-economic order, crimes before the employees and crimes against the Public Administration.

Guillén Bécares’ action in the societal field of Commercial Law includes the comprehensive advice to societies, family business and other private or public equity legal entities in all the stages of their activity and during their whole legal life.

The related work fields are the following:

• Setting-up of business corporations or other kind of companies.
• Setting-up of companies’ subsidiaries or branches in our country or abroad.
• Advice in the design and setting-up of corporate structures.
• Support and continuous advice about keeping the Board of Directors until the execution of corporate statuary decisions and decisions regarding hiring third parties.
• Corporate or cooperation agreements (joint venture).
• National and international spheres.

Corporate:

Our action in the corporate field of Commercial Law focuses on the advice in all kind of corporate transactions.

The work fields are the following:

• Mergers and acquisitions, with a special attention to advising companies about good governance and compliance practices.
• Specific advice to entrepreneurs, public and private investors and venture capital entities which are either in the process of purchasing or selling business or business groups or in the process of investing or disinvesting. Our professionals are responsible for forging and monitoring all kind of commercial agreements.
• Corporate restructuring processes.
• Due Diligence: In the Legal, Tax and Labor Areas.
• National or international spheres.

Contratación:

Our action in the Contracts Area of Commercial Law focuses on giving advice about contractual matters.

The related work fields are the following:

• Contract drafting, review and/or advice in the negotiation of all kind of commercial contracts: distribution, agency, franchise, leasing, license, services delivery, logistics and outsourcing.
• National or international spheres.

Guillén Bécares’ Administrative Law Department has extensive professional experience and it includes different sectors of domestic Public Law from the point of view of advising entities, public administrations and also the administered individuals.

The lawyers engaged to Administrative Law collaborate with professionals from other sectors to ensure adequate coverage of the following fields:

• Public Procurement.
• Administrative procedures.
• Judicial review proceedings.
• Compulsory condemnation records.
• Public Administration State Liability.

It is relevant to highlight the expertise in advisory services that the firm offers to entities and public capital business corporations that operate subject to Private Law and additionally to Public Law.

Guillén Bécares Insolvency Law Department consists of lawyers, economists and Social Graduates. They all are qualified professionals with proven expertise in corporate insolvency proceedings that have resulted in bankruptcy proceedings, suspension of payments and arrangement with creditors. They also have experience in managing firms in difficulties and in recovering the business viability.

Guillén Bécares has taken part in several business restructuring processes in different business sectors such as the energy, technology, textile and steel industries, among other restructuring processes that have resulted in the survival of companies, or parts of them, which have found viability under new structures or owners.

Guillén Bécares provides multiple services in bankruptcy related matters, among which the following can be found: Insolvency Administration, pre-bankruptcy advice, acquisition of production units, out-of- court payment settlements, refinancing settlements, preparing agreements with the creditors, and wind down plans, impugnation and recognition of credits, all of which are responsibility of the administrators.

The related work fields are the following:

• Legal Area: Comprehensive action service (commercial, procedural, civil, administrative and financial).
• Tax Area: Comprehensive tax and accounting management service.
• Labor Area: Comprehensive action service both relating the management level and liquidations.

Guillén Bécares’ Civil Law Department offers comprehensive support in every field of Private Law to all its clients, both nationally and internationally, giving them full advice in all the legal relationships in which they are involved.

The related work fields are the following:

• Contractual Law: Giving advice while negotiating and formalizing all kind of contracts.
• Property Law: Giving advice about the formalization of property transactions affecting the individuals and their goods. Transfer of assets, establishing of rights in rem on movable and immovable assets.
• Family and Individuals Law: Counseling in all the legal  relationships that affect the individuals and their family environment. Parentage and disability proceedings, matrimonial, divorce and separation proceedings.
• Inheritance Law: Advice in legal relationships, both personal and about their property status that come from legal causa mortis transactions.

Guillén Bécares’ Banking and Finance Law Department consists of a team specialized in the external advice to relevant banking entities and also in the advice to individuals and companies, both about financial transactions and court proceedings.

Our team has a lengthy career in the banking field, having taken part in all kind of court proceedings (monetary enforcements, foreclosures, declaratory, property and exchange proceedings).

In addition, in the finance field, the Department offers advice in refinancing and restructuring processes, banking contracts and real estate transactions.

Guillén Bécares is well recognized in this work field, having become in the last few years a reference advisor firm in certain fields of specialization for first-rate banking entities.

Guillén Bécares’ Compliance and Good Governance practices Department provides its corporate customers with the necessary tools to properly manage the risks related to their Compliance Area in order to prevent the commission of crimes within the company environment. It also aims to help its customers avoid the corporate liability established in the Organic Laws 5/2010, from June 22 nd and 1/2015 from March 30 th , according to the reform of the Criminal Code.

Among a changing regulatory environment, we help our customers to identify and control both the current and the future risks, by advising them in the deployment of compliance management systems.

We analyze all the possible criminal risks arising from different business activities and we also give advice about installing prevention and regulatory control systems, as well as about different organizational models to prevent crimes (art. 31 from the Criminal Code).

Furthermore, it is important to be aware of the fact that installing good governance practices about corporate governance rules will result in an increase of the company’s  confidence, reliance and value.

The related work fields are the following:

• Counseling about the implementation of compliance management systems.
• Giving the company advice and assistance in this field includes a direct counseling to the Governing Boards and the Compliance Officer about the design, implementation and review of compliance programs and corporate compliance models and also adapting them specifically to each company.
• Advising the company in order to obtain a more responsible and ethical behavior from its executives. We ensure that the company follows the best Good Corporate Governance practices by implementing and following standards and recommendations about this topic, as well as by including these guidelines in the business culture and in the company’s internal running, keeping always in mind the operational efficiency.