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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.
www.costaluzlawyers.es

Legal tip 1018. Friend John from EcoVidaInternational says about us
29 August 2013

http://ecovidainternational.com/miscellaneous/maria-luisa-de-castro-a-spanish-lawyer-with-a-northern-european-outlook/

Maria Luisa de Castro: a Spanish lawyer with a northern European outlook

When choosing your lawyer in Spain it goes without saying that you are looking for someone who is wise, experienced, and has total integrity. Maria de Castro has those qualities.

María Luisa de Castro

María Luisa de Castro

But that isn’t enough. You also need someone who has perspective and can see things as a northern European might see them. You might expect the law to be the same as Spain as it is in northern Europe but it’s different in theory and practice. So the northern European doesn’t necessarily know which are the right questions to ask. It’s the unknown unknowns which trip them up.

Maria de Castro is able to see things from a northern European’s perspective. On your behalf she will stop you making assumptions that might harm you. That’s very valuable.

Free advice on the Eye On Spain Forum

Do you know of a lawyer who will give you legal information without charge? Maria is on the Eye On Spain forum almost every day answering people’s legal questions. I don’t know of any other lawyer that does this.

This is what it tells me about her.

1. She is prepared to invest in her relationship with her clients rather than just charge them from the outset.

2. She understands the importance of building trust which comes from being the first to give.

3. She operates in the internet age and succeeds because she is sincere.

Who is she?

In the internet age we want to know about the people we are dealing with. When you click the About Us button you want to know the personal profile of the people you are dealing with (not the corporate story). Here is Maria’s story open and transparent: http://www.costaluzlawyers.es/about-us/costaluz-lawyers-team/

What makes the difference?

Because, you see, in the internet age when there are no secrets, the qualities we look for in our professional associates go way beyond professional competence and expertise. What makes the difference is their attitude.

Author: John Wolfendale
Bio: John is a founder of Eco Vida and is passionate about bringing modern design and construction practices to Spain. He believes a home which is warm in winter and cool in summer is largely a matter of design and selective use of materials. He is British and a Chartered Surveyor with 19 years experience living and working in Spain.

John Wolfendale

John Wolfendale

 

 
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Sunset in Conil, Cadiz, South western Spain, at Facebook.com



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Legal tip 1017. Another super-person client
29 August 2013

One more of those so important emails we receive saying thanks!
Dear Maria

Thank you for your email of 27 August. I am very grateful for your helpful advice. I want to also say a special thank you for all the reports and advice on your Eyeonspain blog that have over past years provided support to so many of us owners trying to ensure that things are done properly and legally in our Communities. Our AGM is on xxxxxxxxxxx. It is going to an interesting event. I think I will take a tin hat.

With kind regards,

Xxxxxx  Xxxxxxxx

 Benaocaz, Cadiz, Southern Spain, at Facebook



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Legal tip 1016. Law on Foreign investments in Spain. Bit six
28 August 2013

Article 68. Highly qualified professionals.

Companies requiring incorporation into Spanish territory of foreign professionals for the development of an employment or professional relationship included in any of the following circumstances, may apply for a residence permit for highly qualified professionals, which will be valid throughout the national territory,:

a) Highly qualified or management personnel,  when the company or group of companies meets any of the following characteristics:

1. º Average workforce during the three months immediately preceding the filing, of more than 250 workers in Spain, registered in the corresponding Social Security scheme.

2. º Annual net volume of business in Spain of 50 million euros, or volume of equity of  43 million euros.

3. º Gross investment annual average, from outside, not less than one million euros in the three years immediately preceding the filing of the application.

4. º Companies with a value of the investor stock  or position according to the latest data from the Foreign Investment Registry of the Ministry of Economy and Competitiveness  higher than three million euros.

5. º Belonging, in the case of small and medium-sized businesses in Spain,  to a sector considered as strategic.

b) Highly qualified or management personnel forming part of a business project involving alternatively, provided that the alleged condition based on this assumption are considered and credited, as of general interest:

1. º A significant increase in the creation of direct jobs by the company.

2. º Maintaining of employment.

3. º A significant increase in the creation of jobs in the sector or geographical area in which they will develop the activity.

4. º An extraordinary investment with relevant socio-economic impact in the geographical area in which the company will develop the activity.

5. º The concurrence of reasons of  interest to trade and investment policy of Spain.

6. º A significant contribution to scientific innovation and / or technology.

c) Graduates, postgraduates from universities and business schools of  great reputation.

You can read of previous posts of this serie by clicking here:

Bit five

Bit four 

Bit Three

Bit Two

Bit one

Vejer de la Frontera, Cadiz, South western Spain, at Facebook



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Legal post 1015. Good news for community of owners
28 August 2013

Communities of owners that go to court will pay reduced judicial fees (0.1% instead of 0.5%).

The reason is that they have no legal personality.

This is what it has been answered by the General Directorate of Taxes, (Spanish Treasury), to the General Council of Property Administrators, in response to a binding query about this matter.

It will mean an important saving for every community of owners.

For example, if a neighbor challenges an agreement of the assembly by an amount of 8.000 euros and because of the kind of case he must pay 300 euros, with a percentage  of 0,1% he would have to pay 308 euros whilst with a percentage  of 0,5%, he would have to pay 32 euros plus.

According to the General Council of Property Administrators, in 2012 the Communities of owners suffered a debt of 1.600 millions of euros, so most judicial proceedings are started owing to the debts of the owners.

The reason: the so-called “crisis”.

These good news will help a little to the communities of owners in their daily lives, sometimes, difficult daily lives.

By excellent legal assistant, Manuel Guerrero.

Please contact us if you have questions!

Beach of "Caños de Meca", Cadiz, South western Spain, at Facebook

 



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Legal tip 1014. Floor clauses. How the fight is going.
28 August 2013

PLease enjoy this post written by one of the Law Fim´s legal assistants, Manuel Guerrero:

THE WAR OF THE “FLOOR CLAUSES” by Manuel Guerrero

Since last May 9, when the Spanish Supreme Court condemned three Spanish banks to withdraw from all their mortgage contracts the so-called "floor clauses " because of lack of transparency enabling a huge savings to suffering borrowers, there have been a lot of court proceedings trying that such clauses are removed from all the banks.

Unicaja, an important Andalusian bank, has been the last one that has lost this battle.

Twenty eight of its clients have achieved in the Commercial Court of Malaga a sentence by which this bank will have, not only to remove the floor clauses, but also to give back the money overcharged since the beginning of the mortgage.

This is, (the retroactive nature of the measure), the current controversial issue of those affected and their representatives, as the High Court didn´t recognize in its judgment that character, whilst other courts have already begun to recognize it.

How will this battle end?

Will the “weak” clients or the “strong” banks win?

The future (and the judges) will respond to this question.

To be continued

If you want assistance on a possible floor clause on your mortgage contract, we will be very pleased to provice this to you.

A street in Arcos de la Frontera, Cadiz, South of Spain, at Facebook

 



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Legal tip 1013. NEW! Supreme Court and lack of mortgage possibilities
27 August 2013

Recent Court Decission by the Spain Supreme Court has established that a cancellation of the off plan contract operates if  delay by the builder brought the building period to reach the financial crisis and therefore mortgage was not granted to the buyer.

Principles substaining this decission are those of "contract good faith" and "basis for the business", being this as the group of circunstances that impede the obtention of the result intended with the legal act.

Medina Sidonia, Cadiz, Southwestern Spain, at Facebook 



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Regal-o tip 1012: A short film by Cadelo´s Spanish kids
22 August 2013

If you want the bilingual ( spanish-english) script, contact my husband here

The Cathedral of Cadiz, Cadiz, Southwestern Spain, at Facebook



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Legal tip 1012. Law on Foreign investments in Spain. Bit five
22 August 2013

Article 65. Entry and stay to start business.

1. Foreigners may apply for a visa to enter and stay in Spain for a period of one year with the sole or main purpose of carrying out the procedural formalities to develop entrepreneurial activity.

2. Visa holders provided in the previous section ( see bites one to four of this serie) can access the residential status for entrepreneurs under this Section without having to apply for a new visa and without requiring a prior minimum period of stay, once it is proved it has been started the prior effective staringt of business for which visa was obtained.

Article 66. Residence for entrepreneurs.

1. Foreigners who are seeking entry to Spain or who are holders of a residence permit or residence visa or seeking to initiate, develop and direct economic activity as an entrepreneur may be provided with a residence permit for business, which will be valid throughout the country.

2. Applicants must meet the general requirements set out in Article 59 and the legal requirements for the start of the activity, which are set out in the relevant sectoral regulations.

Article 67. Definition of business and  entrepreneurship activity.

1. Entrepreneurship is understood as that which is of special interest for innovative economic reasons for Spain and to this end it has a favorable report from the competent organ of the Central Government.

2. For this classification, it  will be considered as a priority, the creation of jobs in Spain. It will also be taken into account:

a) The applicant's professional profile.

b) The business plan, including market analysis, product or service, and financing.

c) The added value for the Spanish economy, innovation or investment opportunities.

For full information on this draft law ( to be hopefully passed in Autumn), please click on these links:

Bit four 

Bit Three

Bit Two

Bit one

Beach of the Alemanes (German people), Zahara de los Atunes, Traifa, Cadiz, Southern Spain, at Facebook



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Legal tip 1011. NEW! More by the Supreme Court on publicity breaches and cancellation
21 August 2013

Very recent Court Decission where again  Spain Supreme Court remarks on  the contract nature of publicity in property developments. This last decission dated 23rd of July , 2013. Very recent.

A great new as there are difficult Appeal Courts persistently deffending the non essential breach of the contract and therefore no cancellation effect of these breaches when lacks are of important development equipments such as Golf Course, Marina, Town Center... Supreme Court argues that these breaches must be deemed as substantial as they affect essential, very important and defining circunstances of the contract object. Lack of the same produce cancellation of the contract.

Supreme Court has not set a clear doctrine on the  essential contract nature of these publicity brochures whose breach bring cancellation rights to buyers.

Legal grounds for above conclusions are both in Consumers regulations and Civil Code ( articles 1255, 1258, 1285, 1469)

Another Supreme Court decission on same reasoning is dated 1st of October 2012.

So very good news for property market and Consumers Law health in Spain!

Villaluenga del Rosario, Cadiz, Southern Spain, at Facebook



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Legal tip 1010. Law on Foreign investments in Spain. Bit four
20 August 2013

Article 62. Effects of residence visa for investors.

The granting of a residence visa for investors is sufficient title to reside in Spain for at least one year.

Article 63. Residence permit for investors.

1. Foreign investors wishing to reside in Spain for a period exceeding one year, may be provided with a residence permit for investors, which will be valid throughout the national territory.

2. To apply for a residence permit for investors, the applicant must  meet the general requirements of Article 59 and the following requirements:

a) To hold  an in force residence visa or to be within ninety calendar days after the expiration of this.

b) To have traveled to Spain at least once during the period allowed to reside.

c) In the case referred to in point a) of paragraph 2 of Article 60 the investor must demonstrate that the investment has remained equal to or greater than the minimum amount required:

1. ° In the case of unlisted shares, you must submit a notarized certificate proving that the investor has maintained during the previous reference period,  ownership of the unlisted shares that empowered him to obtain a visa for investors. The certificate must be dated within 30 days prior to filing.

2. ° In the case of investment in quoted shares, you must present a certificate from a financial institution stating that the applicant has maintained at least on average one million euros invested in listed shares during the period referenced above. The certificate must be dated within 30 days prior to filing.

3. ° In the case of investment in public debt, you must present a certificate from a financial institution or the Bank of Spain in which it is stated the maintenance or expansion during the previous reporting period, of  the number of titles of public debt  acquired by the time the initial investment was made. The certificate must be dated within 30 days prior to filing.

4.  º In the case of investment in bank deposist, the investor must present a certificate from the financial institution to verify that the investor has maintained, or expanded, the deposit during the previous reference period. The certificate must be dated within 30 days prior to filing.

d) In the case referred to in point b) of paragraph 2 of Article 60, the applicant must demonstrate that the investor owns property/ ies in Spain valued the minimum amount required under that Article. The investor will have to provide certificate or certificates by the Land Registry that corresponds to the property or properties and must be dated within 90 days prior to filing.

e) In the cases referred to in point c) of paragraph 2 of Article 60, investor shall submit a favorable report from the  General Directorate for Trade and Investment  of the  Ministry of Economy and Competitiveness, to find that the initial general interest of the project remains accredited .

f) Compliance with the obligations before Tax and Social Security Departments.

Article 64. Duration of residence permit for investors.

1. The initial residence permit for investors will run for two years.

2. Having completed that period, those foreign investors who are interested in residing in Spain for longer than those two years  may request renewal of the residence permit for investors for the same period of two years.

You can read on previous posts of this serie by clicking on 

Bit Three

Bit Two

Bit one

A house in Villaluenga del Rosario, Cadiz, Southern Spain, by Facebook



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Legal tip 1009. Law on Foreign investments in Spain. Bit three
19 August 2013

Article 61.  Investment Accreditation.

 

For the grant of a residence visa for investors, these requirements will have to be met:

 

a) In the case referred to in point a) of paragraph 2 of Article 60, the applicant must prove that they have made the investment of the minimum amount required over a period not exceeding 60 days preceding the application, through  the following ways:

 

  1. In the case of investment in unquoted shares, document to be presented is the investment statement presented to the Foreign Investment Registry of the Ministry of Economy and Competitiveness.
  2. In the case of investment in quoted shares, document to be presented is the certificate of the financial intermediary, duly registered with the National Securities Market or the Bank of Spain, which states that the person has made the investment in accordance to this Act.
  3.  In case of investment in government bonds, document to be presented is the certificate from the bank or the Bank of Spain where it is stated that the applicant is the sole owner of the investment for a period not less than five years.
  4. In case of investment in bank deposits, document to be presented is a certificate of the financial institution in which it appears that the applicant is the sole owner of the bank deposit.

 

b) In the case referred to in point b) of paragraph 2 of Article 60 the applicant must prove ownership of real estate by providing one or more  ownership certificates  by the  Land Registry that corresponds to the property or properties, dated within ninety days prior to the application.

 

In the event that the acquisition of the property is in process of registration in the Land Registry, a certified copy of the Notary deed will be enough together with justification of this being presented for registration to the Land Registry within 60 days prior to application.

 

The applicant shall prove to have real estate investment of 500,000 Euros free of any liens or encumbrances. The share of investment in excess of € 500,000 may be subject to liens or encumbrances.

 

c) In the case referred to in point c) of paragraph 2 of Article 60, document to be presented is a favorable report on the business plan being of general interest. The report will be signed by the Economic and Commercial Office corresponding to the geographical area where the investor is submitting the application for visa.

 

See previous articles in previous posts:

Article 60. Residence visa for investors

Article 58. Entry and stay in Spain for reasons of economic interest

Jimena de la Frontera, Cadiz, Southwestern Spain, at Facebook

 



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Legal tip 1008. Law on Foreign investments in Spain. Bit two
17 August 2013

From Projected Act on Enterpreneurs and Internationalization. To be passed this coming Autumn

Article 60. Residence visa for investors.

 

1. Non resident foreigns who intend to enter Spanish territory in order to make a significant capital investment may apply for entry visa, or if applicable, residence for investors.

 

2. Be understood as significant capital investment that it meets any of the following circumstances:

 

a) An initial investment equal to or more than 2 billion euros in Spanish government bonds, or purchase equal to or more than a million euros  in shares of  Spanish companies, or bank deposits at Spanish financial institutions.

 

b) Acquisition of real estate in Spain with an investment of equal or superior to EUR 500,000 per applicant.

 

c) A business project that will be developed in Spain and is considered and credited as of general interest, for which  the performance of at least one of the following conditions will be valued:

 

1. º Creating jobs.

 

2. º Making an investment with relevant socio-economic impact in the geographical area in which the activity will develop.

 

3 º Important contribution to scientific innovation and / or technology.

 

3. It will also be a significant capital investment when this is made by a company which is established  in a  territory which is not considered a tax haven according to Spanish law, and the applicant foreign owns, directly or indirectly, the majority of the voting rights and has the power to appoint or remove a majority of the members of the Company board.

Cala Encendida, Conil de la Frontera, Cadiz, Southern Spain, at Facebook



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Legal tip 1007. Simple thanks from a client
17 August 2013

Needed energy. Thanks.

This is a simple phrase by a client today:

"...I thank you for your interest and for always having the courtesy to reply to questions

Best regards

Xxxxxx Xxxxx

 Paterna de Rivera, Cádiz, Southwestern Spain, at Facebook

 



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Legal tip 1006. Law on Foreign investment in Spain. Bit one
16 August 2013

As an apetizer, we are translating some provisions of the soon coming regulations on Company Internationalization. You, enterpreneurs, start taking notes before September arrives!

Article 58. Entry and stay in Spain for reasons of economic interest.

1. Foreigners who intend to enter or reside, or are already residing in Spain,  will be facilitated their entry and residence in Spanish territory for reasons of economic interest under the provisions of this Section, in those cases in which they prove to be:

a) Investors.

b) Entrepreneurs.

c) Highly qualified professionals.

d) Investigators.

e) Workers engagaed in intra-company movements within the same company or group of companies.

 

------------------------------------------------------------------------

Artículo 58. Entrada y permanencia en España por razones de interés económico.

1. Los extranjeros que se propongan entrar o residir, o que ya residan, en España verán facilitada su entrada y permanencia en territorio español por razones de interés económico de acuerdo con lo establecido en esta Sección, en aquellos supuestos en los que acrediten ser:

a) Inversores.

b) Emprendedores.

c) Profesionales altamente cualificados.

d) Investigadores.

e) Trabajadores que efectúen movimientos intraempresariales dentro de la misma empresa o grupo de empresas.

Beach of "Los Alemanes", Zahara de los Atunes, Tarifa ,Cadiz, Southwestern Spain, at facebook

 



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Legal tip 1005. As funds come, dations need to be accepted by Spain Banks
12 August 2013

International Investment Funds are coming massively to Spain now to buy bargain properties owned by Sareb, from 24th of July to 11th of August more than 800 million of euros have been spent by international investors in Spanish assets. A good oxygen for....... the Banks?

A good oxygen for people who were sold the crazy mortgages in the crazy years, so, in my opinion, this is a good reason for banks to restart accepting dations, specially if the remaining debt is similar to 60% of the auction value the property was given to when mortgage was being formalised. 

Beach of "Los Alemanes", Zahara de los Atunes, Tarifa, Cadiz, Southwestern Spain, at Facebook.com

 

 



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Legal tip 1004. Spain Enterpreneurs Act finally in force
02 August 2013

You can click on the Spanish text here. Published last weekend and in force since Monday of this week, July, 29th, 2013.

A whole August month to digest it!

English Abstract to come soon

Maria

Benamahoma, Cadiz, South of Spain, at Facebook



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Legal tip 1003. Suggestions to be sent to the General Council of Judges in Spain
02 August 2013

A lawyer from the General Council of Judges answered to me today, encouraging you to direct your claims to these websites:

Judidial Power Claims ( English Form) 

General Attorney Claims ( Spanish Form). Can be sent in English Language

Justice Department ( Spanish Form). Can be sent in English Language

Beach of Chipiona, Cadiz, Southwestern Spain, at Facebook



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Legal tip 1002. Crowded Legal Battle against mortgages on illegal properties. Come and join us
01 August 2013

We, at CostaLuz-De Castro are starting serious study of cases where mortgages were granted by a Bank on houses with no Licenses. Either Work or First Occupation License.

We want to study and analyse the degree of liability of Banks, but also of Notaries and convenyancing lawyers on this disasters.

Any idea, experience... is welcome.

By the way... Keith Rule is also on this boat with us!

Cheers and Feliz Verano

Maria

Ps.- For Spain to be a 100% safe country to buy a property.

We will sign and publish this work as a commun work of everyone involved and supporting the fight. We will be giving also shares of the benefits to those of you collaborating under certain requisites. It is a crwod-studying and battling

Tarifa, Cadiz, Southwestern Spain, by Costadelaluzvideos at Facebook



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