SEMPERE-GELARDO LAWYERS

LEGAL ADVICE IN ALICANTE FOR CIVIL LAW- CONTRACTS

 

We provide our clients with advice and assistance in every Civil legal matter; including drawing-up, preparing or reviewing any kind of contract: lease or rental contracts, services related to Communities, mortgage Law, etc.

We offer a comprehensive property conveyance service, highly recommended to clients who are going to buy or sell a property in Spain in order to ensure a safe transaction meeting every legal requirement. Our services include all the necessary components: review or prepare the purchase contract; verification that the seller is able to pass good title; Land Registry search to ensure property free of any mortgages or other charges; ensure outstanding taxes on the property are up-to-date before transfer; attendance and assistance when signing the deeds of the property at the Notary office; payment of stamp duty (sales tax); registration of the new title on the Land Registry.

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When the client’s situation requires it, we prepare the bankruptcy proceedings in the Court with all the required legal guarantees, and we assist our client throughout the whole procedure in the Court. Depending on each case, we prepare for the client, as it is established by the Spanish bankruptcy Law, called “Ley Concursal”, viability plans and payment schedules, which will have to be accepted by the creditors, in order to ensure continuity of business; in other case, we will assist and advise you in order to raise the liquidation of the company with all due legal guarantees. We defend and represent the client on the part of the proceedings called “calificación” (qualifying), of great importance because in this phase of the proceedings it is determined by the Court the responsibility of corporate managers, administrators and other legal representatives for the payment of the company´s unpaid debts when those bets could not be paid with the company´s assets.

When our client is a creditor, we study the best manner to obtain their credits, trying extrajudicial agreements or starting legal actions against their debtors, as well as, in certain cases, against the administrators or legal representatives of the debtor companies.

If our client has to claim against a debtor who is not into an insolvency proceeding or “concurso de acreedores”, we study the possibility of starting this forced bankruptcy proceedings called “necesario”, which carries important advantages for the client, as a privilege in the credit. Besides that, in this case it will become easier to obtain the responsibility by administrators and other members of the company. If the debtor of our client was already declared in bankruptcy or “concurso de acreedores”, we assure the correct communication of the credit to the Court and we assist the client during the whole procedure in the Court.

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