Monthly Articles
Know your NIF´s, NIE´s, CIF´s, SA´s and SL´s

The fiscal identification numbers that all residents and non-residents with economic interests in Spain should possess can help you to see what kind of person or organization you are dealing with and knowing how these numbers are composed can help you spot imposters and scams, especially in these days of internet fraud.

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Trial by Jury - 9 Angry Men

A perennial favourite theme for British and American authors, playwrights, and film makers is the Court Room Drama.   We have all held our breath as the Jury of 12 men and women return to the Court Room to deliver their verdict at the end of the proceedings.

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Legal Aid in Spain

As foreigners living in Spain it is easy to forget that we are entitled to the same rights as Spanish Citizens, and this includes entitlement to Legal Aid.

Lawyers working within the Spanish Legal Aid system are known as “Abogados de Turno de Oficio”. Entitlement to a Legal Aid lawyer is normally dependent on satisfying certain financial qualifications, and on being present in Spain legally, except in the case of deportation proceedings or claims for asylum.

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Get it in Writing!

Most of us have moved to Spain in the hope of enjoying a more relaxed and less complex lifestyle. Very soon we discover that one area in which our lives become more complex is in the documentation we need in connection with our homes, our day to day purchases, and even our very existence.

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What is your Lawyer?

We may all have our own personal answer to this question, but here in Spain from time to time it is inevitable that we have to deal with the legal system so it can be important to understand the differences between the different types of Spanish lawyer, and the other officials who work together with the legal system .

First, what is a Lawyer? A Lawyer is a professional person authorized to practice law.

Spanish qualified lawyers are known as Abogados. They must hold a law degree and be registered with the legal association, or “college”, of the province where they practice. Only Abogados are allowed to act for parties in proceedings in Court. Of course a large part of their work involves the preparation of documents and providing advice to the public, “asesoramiento juridico”.

There are many reputable Spanish “asesores juridicos” who provide advice and prepare documents. They are legally qualified but are not members of the provincial college as they have chosen not to represent clients in court proceedings. Many specialize in Spanish employment or tax law.

If you become involved in Spanish court proceedings your Abogado must engage the services of a Procurador, who is the professional representative of your Abogado and deals with the formal aspects of the proceedings: filing of papers, arranging hearing dates, etc. Procuradores also have their own ¨college¨ in each province.

The Notary plays a vital part in many transactions but he is not your Lawyer. Rather, a Notary is a law graduate who has gone on to become a highly trained public official. He does not act for any of the parties involved in a transaction. His role is to ensure that documents for use in connection with many types of transaction comply with the law and any necessary formalities. Property transactions, mortgages, Company Formations, Wills and many other types of business are concluded in front of Notaries so as to provide a guarantee that the all these formalities have been observed. The Notary does not guarantee that the terms of any transaction are fair or reasonable. That is the responsibility of the parties involved and those advising them.

The final member in this pantheon of Spanish Advisors is the “Gestor Administrativo” who practices in a “Gestoria”. A Gestoria can only be operated by a “Graduado Social” who is highly qualified in dealing with many different types of administrative matters. He is also qualified to represent clients at the many types of tribunal that regulate the citizen´s dealings with central and local government, such as social security, employment, etc. Most often expats find themselves instructing a “Gestor” to re-register their cars, obtain business licences, and other permits of all kinds.

There is often a large overlap between the expertise of all these advisers, but whichever you engage make sure that that they are properly qualified.

 

For more information, please contact Michael Olmer, Solicitor at Link Point Legal and Business Services on 96 626 0500.

By Michael Olmer Solicitor • Link Point Legal and Business Services
www.linkpointlegal.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 
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