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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 1038. NEW! work and residency visas in Spain
30 September 2013

 


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Legal tip 1037. Waiting for the Bank...
30 September 2013

Currently waiting for the Bank to come back to us on our proposed deposit contract...

Will keep you posted of course...

Maria

The Fountain of Vejer de la Frontera, Cádiz, South western Spain, at facebook.com



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Legal tip 1036. Tomorrow is day 1 of Internationalization of Spanish Economy
28 September 2013

Enterpreneurs Act is being published today in the National Gazette and will come into force tomorrow, the 29th of September 2013. So....let´s use it the most we can and strive hard for the internationalisation of our Spanish Economy... 

At CostaLuz Lawyers we bet for foreigners and spanish people working together for the better off of a Spanish Economy for the benefit of all. It is possible. There are examples we can show to you.

In our global era and our global future, national names will be, very often, names for past/old realities to learn about, to better understand our present, but... the world is being more and more just one entity, one place to live, to govern, to learn, to work in... Do not you think so? Internet has been the propellant of this new reality that we now need to use for the best of the human race.

Possibly through enterpreneurship we can create those spaces of commun grow that governments are sometimes not able to promote. It would be nice.

Have a great weekend,

Maria

Some interesting links:

Law of Foreign Investment in Spain, El blog de Maria

Official info

El Puerto de Santa María, Cádiz, South western Spain, at facebook.com



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Legal tip 1035. Proposed deposit contract for a Bank
25 September 2013

Working intensively today on our proposal/draft of deposit contract for a Bank trying to sell a property to one of our dearest clients.

Will send you the result.

Kindest!

Maria

Cadiz Bay, Cádiz, South western Spain, at facebook.com



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Legal tip 1034. Starting a scooter hire company in Spain
23 September 2013

Just a serie of questions and answers from the Forum today:

1, Is there any type of permission i need to run such a business? No specific one. You will have to register as an Autonomo or SL, get registered at the Tax office and hire the corresponding civil liability insurances

2, Is the process of starting up such a business a lengthy process? It is not. 24hours with the new Express License which will enter into force very soon with the New Enterpreneurs Act.

3, I will be importing the scooters from China, whats the relative costs for this? Do I get slapt for 100% import tax or the like??

It will depend on number of scooters, but as a general answer:

- Transport 200-500€
- Expenses in Spain Harbour: 400-800€
 -Customs clearance: 120-400€
 -Customs duty: 6%
- Taxes: 16% VAT plus 4% of equivalence surcharge
 
I do hope this helps! ;)
 
Maria
"Baelo Claudia", Bolonia, Tarifa, Cadiz, South western Spain, at facebook.com


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Legal tip 1033. Reducing electricity bills
20 September 2013

Great initiative by OCU ( Users and Consumers Organisation), 

https://www.quieropagarmenosluz.org/

Collective purchase of energy to lower costs.

If you need help with trasnslation of the OCU webpage below, please contact us

Grazalema, Cadiz, South of Spain, at facebook.com



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Legal tip 1032. Do not rush into signing a deposit contract
19 September 2013

I am so glad!

One of my favourite clients  ( need to confess),  as he was suffering a serious illness and touched my heart when we assisted him for cancellation of the contract. He contacted me today. He is quite recovered and buying again in Spain!

After yesterday´s experience and seeing the deeds the Bank wanted the buyer to accept, I am also very glad he has come to us at early stages of the buying process ( before signing the deposit contract), so we can fully advise him from the beginning.

Why am I saying that? Because yesterday´s client ( that whom the Bank wanted to crush) came AFTER signing the deposit contract and therefore, being already tied up in a big extent by clauses that have been agreed there. We are trying to better off her position in the purchase the much we can but... it is going to be much more difficult than is she had come to us from the very beginning.

Do not be blinded by low prices to the extent of  buying without rights.

That´s why, please remind a golden rule ( FIRST LAWYER, THEN DEPOSIT CONTRACT). We wrote a long post on the importance of deposit contracts  a long time ago! 

This other article on the significance of deposit contract might be a good piece for you these times too.

Banks playing their games again! I thought they have learnt!

Medina Sidonia, Cadiz, South western Spain, at facebook.com



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Legal tip 1031. Astonished on conditions set by Bank to sell property!
19 September 2013

Astonished, yesterday, when a member of the Costa Luz Lawyers team was assisting a buyer(foreign buyer), at the Notary. He was buying a property from a Bank. Sabadell. 

Together with coming to the Notary without required documents such as certificate of updated payments to Community of owners and IBI ( Local Council Property Tax), Sabadell wanted us to give up our clients rights and actions in regards to possible future hidden deffects of the property and lack of quality/ energy efficicency!

They came of course with these clauses at the very last minute and trying to "impose" them on us. What a....!

Of course we did not sign the purchase deeds. 

The most impacting moment was when the lady acting for the Bank explained to us that agreeing to this blind purchase was all we could do, taking into account the Bank was selling the property at such a low price!!!!!!!

Banks keep thinking they make Law. So degrading, I am still astonished

Trebujena, Cádiz, South western Spain, at facebook.com



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Legal tip 1030. FREE legal guides by Maria de Castro
17 September 2013

Please click on link below for a good number of FREE GUIDES by Maria de Castro:

http://issuu.com/home/publications

Any other legal topic you would want a FREE GUIDE about?

Sunset in Zahora, Barbate, South western Spain, at facebook.com



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Legal tip 1029. NEW! Spain Rental Act 2013
17 September 2013

 


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Legal tip 1028. Spain Lawyers Ethics Code
13 September 2013

Great translation by Manuel Guerrero, member of the team

Trail of the "River de la Miel", Algeciras, Cadiz, Southern Spain, at facebook.com

 

 

 

 

 

 


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Regal-o tip 1027: By train to Granada wedding
13 September 2013

Will ask Luis to take some pics and send them out to you.

Have a wonderful weekend you all.

See you next week to keep making the Spanish dream!

Maria

"Granada, Sacromonte", Granada, Southeastern Spain,by Shehani, at Facebook.com

 

 



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Legal tip 1027. Data protection and community of owners
12 September 2013

Two old posts to be reviewed:

Part One

Part Two

Cheers!

María

Arcos from the view of a bird, Arcos de la Frontera, Cadiz, South of Spain, at Facebook.com



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Legal tip 1026. Money Back if Ground Floor in my mortgage
10 September 2013

Most applauded Congratulations to Cuenca Appeal Court, very wisely, self-evident Court Decission. Teaching the Spanish Supreme Court to understand what nullity is and what are their effects under very basic and general principles of Law. Since Roman times. Nullity have always clear consequences: effects to be reversed. In short and simple terms: money to be refunded

As Roman said: "Quod nullum est, nullum effectum producit" ( Null produces no effect)

Mortgage deeds had floor clauses  between 2'95 % and 4'50 % , with a maximum rate of 11%.

Appeal Court in Cuenca further explained that clauses were drafted unilaterally by the party "before the conclusion of the contract phase , with a total absence of individual negotiation , and finally , were imposed by the bank , which means the exclusion of the principle of autonomy of the will in determining the content of the contract. "

"For a ground clause to be considered as  illegal, there should lack reciprocity between  ' floor ' and ' ceiling ' " says the Cuenca Court Decission, explaining that " it includes constraints, both  in the minimum and the maximum levels , whose lack of proportionality has not been adequately justified ( ... ) being absolutely disproportionated " .

From the May 9th Supreme Court one, this is the fourth Court Decission won by ADICAE  in which several judges have forced Cajamar, Ipar Kutxa , Unicaja and now Banco de Castilla La Mancha to return the money overcharged during the whole period.

Congratulations to clients, ADICAE and JUDGES!

Cuenca, South of Madrid province, Spain, by Mugor, at flickr.com



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Legal tip 1025. Employment Law: Easy hire in Spain
10 September 2013

A new contract created by the recent Employment reform in Spain. Very convenient for new companies and entrepreneurs who needs to hire people at the lower cost.

A part-time contract, associated to formation for unemployed youth under thirty under one of these circumstances:

- Have no experience

- Have less than three months of experience from a different sector

- Is unemployed and have been registered at the employment office at least twelve out of the last eighteen preceding months

What are the benefits for the employer?

- The worker will combine employment with training. He can also justify having completed the formation within six months prior to the contract.

- A 100% reduction on Social Security fees 

This benefit comes under the obligation of keeping the employee for 12 months and it will be renewed for such same period if conditions keep being met.

Benaocaz, Cadiz, Southern Spain, at Facebook.com

 



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Legal tip 1024. General Attorney email to Costa Luz Lawyers
09 September 2013

FROM OUR NEWS BOARD

Received on the 6th of September, General Attorney´s communication office offers his email address for any matter related to the work of Administration of Justice. Please see email below. You can write to them in English. 

Email to contact them is as follows: atencionalciudadano.fge@fiscal.es

Sra. Dña. María L. de Castro García

 Sra. de Castro:

    Se acusa recibo de su escrito que ha tenido entrada en esta Fiscalía General del Estado en fecha 02/08/2013.

    Le comunicamos que este servicio de Atención Ciudadana es vehículo para tales fines.

    Atentamente


05
SERVICIO DE RELACIONES INSTITUCIONALES Y COMUNICACIÓN CIUDADANA
UNIDAD DE APOYO A LA FISCALÍA GENERAL DEL ESTADO 

Llanos del Culantro, Sierra de Grazalema, Cadiz, South of Spain, at Facebook
 

 

 



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Legal tip 1023. Costa Luz Lawyers Client is offering
09 September 2013

FROM OUR NEWS BOARD

A client of us is willing to do an exchange of his finca in Huelva for a property in the UK.

Our Law Firm is not a Estate Agency and therefore is not charging any fee/commission for this, just posting it on this virtual NEWS BOARD.

Anyone interested please contact us so we can give to him this client´s email address!

Cheers!

María

For those interested on the legals of this type of service.... you can find some info here

Huelva 04, Huelva, Southwestern Spain, by Fernando Lopez, at flickr.com



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Legal tip 1022. Property buying, Notaries and planning Law
05 September 2013

Just a brief/ adapted  (so we all understand!)  translation of provision 19 of our Land Act:

Transfer of property does not produce any change in regards to obligations related to planning/zoning regulations ( toward Zoning Authorities).  The new owner " acquires" rights, concessions, exceptions BUT also any obligations, loans, burdens, difficulties, proceedings..... attached to the property itself, always provided they affect his acquisition and are registered at the Land Registry.

When a land is trasmitted, the Notary deed must express:

- Planning status of the land if this is not apt for private use or building, or  it is not included in zonning plans or intended for housing subject to some public protection scheme that allows price your maximum price , rental or other forms of access to housing .

 - Outstanding legal duties and obligations, where land is subject to one of the actions referred to in paragraph 1 of Article 14.

 Breach of  provisions of the preceding paragraph entitles the purchaser to cancel the contract within four years and to demand appropriate compensation under civil law .

 On the occasion of signing of Notary deeds affecting ownership of lands or plots , notaries may request the competent public administration telematic information or , alternatively , expressive writing report of the planning situation and the duties and obligations those properties are affected by. Notary shall send to the competent authority, for their due knowledge, single copy in paper or digital support, of those deeds for which they requested and obtained planning information.

Notaries. Such an important part of the game. Such an unknown figure to you foreign buyers!

Puerto Real from San Fernando, Cadiz, Southwestern Spain, at Facebook.com



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Legal tip 1021. A client who sees
04 September 2013

A very happy client, who is ready to claim against the Bank, using Keith Rule action is now looking forward to reinvest in Spain....

Absolutely well focused, brilliant guy!

Bargains waiting for you.

Maria

Villamartin, Cadiz, Southwestern Spain, at Facebook.com



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Legal tip 1020. Keys back to Bank and Balance VIII
04 September 2013

"Member States shall include the renegotiation of mortgage or payment in kind for families debtor or bankrupt " . That is how Brussels thinks in a report dated last June. 

" Prevent evicted families to repay their mortgages loans"

A great change by Brussels in its approach towards mortgage debts

According to experts, Spain efforts are not sufficient at the moment, let´s see how this course develops. So far, just extreme situations are covered through regulations for mortgage debtors aids, this too selective regulation comes with strong fiscal pressures on debtors. Not easy. Very discouraging. Not what citizenship needs from government in terms of finances.

According to experts of british consultancy London Economiocs, best european model to follow for the " Fresh restart" or " Second opportunity" Law is the German one where no much judicial work is needed ( this saves costs, time and bureaucracy!) and consists on posing a set of rules that must be followed by the debtor in economic problems 

"A standardized procedure as the german one means that consumers know clearly what is expected of them , which  reduces the uncertainty and pressure on those who come to the process, " explains the London Economics .

Beach of Punta Paloma, Tarifa, Cadiz, Southwestern Spain, at Facebook.com



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Legal tip 1019. Law on Foreign investments in Spain. Bit seven
02 September 2013

Article 69. Training, Research, development and innovation.

Foreigners who intend to enter Spain, or who are holders of a residence permit and residence, wishing to engage in training, research, development and innovation in public or private fields, shall be provided with the appropriate visa or a residence permit for training or research, which shall be valid throughout the national territory, in the following cases:

a) The staff investigator referred to in Article 13 and the first additional provision of Law 14/2011, of June 1, Science, Technology and Innovation.

b) The scientific and technical personnel to conduct scientific research, development and technological innovation, business entities, or R & D + i established in Spain.

c) Researchers accepted in the context of an agreement by public research organizations and private, under the conditions established by regulation.

d) Teachers employed by universities, agencies or institutions of higher education and research, or established business schools in Spain, according to the criteria established by regulation.

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

Bit six

Bit five

Bit four 

Bit Three

Bit Two

Bit one

 

 Arcos de la Frontera, Cadiz, Southwestern Spain, at Facebook.com

 



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