Legal Areas
Bankruptcy Law
In matters of Bankruptcy Law, Andreu & Alenda Abogados studies and analyzes the legal, economic and labor situation of companies in crisis, advising all the parties involved: either the company or the creditors. We carry out all kinds of negotiations and negotiations prior to the beginning of the judicial procedure in order to reach extrajudicial agreements that minimize business losses and allow their subsistence. In case of judicial conflict, Andreu & Alenda Abogados intervenes on behalf of clients in all judicial instances and procedures for the defense of their interests.
Pre-bankruptcy situations: study and global analysis of the economic legal situation. Planning and execution of alternative actions that allow the subsistence of the company:
- Negotiations with creditors and debt refinancing.
- Corporate Restructuring
- Preparation of the legal-economic study necessary for the presentation of the contest before the commercial courts.
Legal defense during bankruptcy proceedings:
- Assistance to creditors' meetings, in the agreement phase and in the liquidation phase, in defense of the rights of the creditors.
- Advice to the directors and administrators about their responsibility.
- Acting as bankruptcy administrators in numerous procedures.
- The bankruptcy team of Mª Carmen Andreu Lopez and Rosario Andreu Gomez will lead.
Criminal law
Given the importance of having a lawyer from the moment you are aware of the initiation of a criminal procedure or from the moment of arrest, our office is available to your clients 24 hours a day. We recommend that you entrust your defense only to criminal lawyers with extensive experience, as the consequences of a lack of expertise can be insurmountable.
We exercise the defense of our clients, individuals or companies, in any criminal proceedings, both in the defense and in the private or civil prosecution.
We assist in detention centers, and exercise legal defense before Courts: Courts of Instruction, Criminal Courts, Provincial Hearings, Superior Courts of Justice, Jury Court, National Hearing, Centrals of Instruction, Supreme Court and Constitutional Court.
Crimes
- Social-economic crimes (White collar crimes): fraud, misappropriation, punishable insolvencies, property uprising, documentary falsehoods. Corporate Crimes and Unfair Administration. Money laundering
- Data protection, against intellectual or industrial property rights.
- Crimes against people: homicides, domestic violence, injuries, threats, sexual abuse, drug trafficking, attack, alcoholism, etc.
- Crimes against public health and those promoted by international networks of organized crime.
- Urban and Environmental Crimes.
- The criminal responsibility derived from accidents at work.
- Expertise in executions and pardons: penitentiary benefits, probation, replacement and suspension of the sentence.
- International criminal: extraditions and deportations, OEDE.
- Civil liability derived from the crime.
Real Estate and Construction Law
The special location of the firm and its many professional relationships have made us a benchmark in the field of real estate and urban development.
Being advisers to promoters, construction and development companies, it has allowed us to know the participation of each of the agents involved, both private and public bodies (town hall, consellerias, etc). This deep knowledge of real estate development allows us to clearly focus on the negotiation and defense of the entrusted interests of our clients, whether they are small companies, large promoters or even the small investor.
- Promotion, Construction and technical contracts.
- Transmission of Real Estate (lots, buildings) and Real Estate Companies.
- Contracts of real estate sale, exchange, purchase option, participation accounts, lease.
- Organization and management of Real Estate Complexes.
The international community is very present in our land, so our staff is qualified to serve our clients in their mother tongue and provide them with the personalized service that international character is required, a process called Conveyancing:
- Review of private contracts.
- Legal verifications of property and real estate charges.
- Tax settlements.
- NIE application.
- Processing of tax residence.
- Supply contract management: water, electricity, community of owners.
- Annual tax return and tax representative.
Leads the real estate and construction team, Fuensanta Alenda Andreu.
Horizontal Property
We advise communities of owners and associations in the following matters:
- Alteration of common elements.
- Collective antennas
- Constitution of Communities.
- Attendance at meetings of owners and drafting of minutes.
- Swimming pools and community elements: use and protection.
- Claims to defaulters.
- Judicial assistance and resolution of neighborhood conflicts.
- Annoying activities
Leads the horizontal property team, Rosario Andreu Gomez.
- Preparation and defense of replacement resources, economic-administrative claims, contentious-administrative resources, in all administrative and judicial instances.
- Estate, inheritance and family business tax planning. Review of tax settlements and value checks.
- Defense before the sanctioning procedures initiated by the Administrations.
- Leads the tax and tax team, Rosario Andreu Gomez.
Corporate Compliance
Organic Law 5/2010 of June 22, introduced in Spain the direct criminal responsibility of legal persons, for criminal actions committed by their legal representatives and administrators acting on their behalf, or by workers in the performance of their work activity. These assumptions occur due to an absence of preventive protocols and / or a lack of control in their implementation and enforcement.
In this new legal framework, companies, of any dimension, are forced to implement effective prevention protocols, in order to control the risks of their organization and avoid the commission of crimes. The absence of these tools can lead to criminal behavior within it, and with it economic sanctions that can end many years of work and business growth.
Within this legal framework, Andreu & Alenda Abogados provides highly specialized comprehensive advice, so that our clients comply with the legal precepts in their different areas:
- Criminal compliance Assistance in the development, implementation and validation of Comprehensive Crime Prevention Systems (SIPD). Legal compliance (Occupational risk prevention, data protection, money laundering, anti-trust ...),
- Financial compliance
- Review of compliance models already implemented.
- Leads the criminal and compliance team, Fuensanta Alenda Andreu.
Civil and Commercial Law
Andreu & Alenda Abogados advises and intervenes in the constitution of companies and other legal entities (professional civil societies, temporary unions of companies and other entities).
We focus on advising individuals and companies following a defined strategy to achieve their objectives, and obtain maximum profitability. In case of conflict, we develop extrajudicial defense strategies, and if it cannot be avoided, we exercise legal defense in all types of judicial proceedings.
A strong point for Andreu & Alenda Abogados due to so many years of exercise is the negotiation, drafting and closing of all types of commercial contracts and in the design of appropriate mechanisms for the resolution of disputes and related claims.
- Advice on installment sales contracts for personal property.
- Lease contracts for business premises and transfers, with special importance in the world of hospitality and catering.
- Transfer of pharmacies, tobacconists and lottery administrations.
- Technological contracts (creation of web pages, technology transfer, data protection, etc.).
- Contracts on merchandise: national and international sales, import-export INCOTERMS.
- Purchase options, swaps.
- Banking law: management of guarantees and abusive clauses.
- Franchise and distribution contracts.
- Formalization of Family protocols.
- We are proud to be one hundred percent successful in recovering investments made in real estate complexes that never came to be built. We execute bank guarantees and if they have not been granted, we defend consumers through claims to financial institutions that have intervened in financing the developer. There have been numerous procedures carried out in defense of foreign investors who have placed their trust in us.
Leads the civil and commercial team of the office, Mª Carmen Andreu L
Family and Inheritance Law
FAMILY LAW.- We are not oblivious to the difficult situation that is generated when the emotional bond between couples, married or not, with or without children is broken, and therefore we are very careful both in dealing with the client and in the speed required by this crisis situation in the couple.
Our purpose is to explain to the client all the existing possibilities and the search for the best strategy to resolve this conflict situation and achieve a stable and consensual situation, this makes each case studied individually and globally, as there are many matters that It includes, since it is not only about the dissolution of the bond and measures to be taken with respect to the children, but also has economic implications such as the liquidation and distribution of common goods.
- Separation, divorce or parental measures subsidiaries.
- Shared or exclusive custody regime for one of the parents, depending on the child's welfare.
- Compliance and enforcement of existing judicial or contractual resolutions.
- Claim or challenge of paternity.
- Communication regimes and stays with other relatives and relatives.
- Especial relevancia tienen el asesoramiento al extranjero residente dado el gran número de los mismos en toda la costa mediterránea, siendo muy numerosos los procedimientos tramitados, y que afectan tanto al ámbito personal como patrimonial, aplicando la legislación que corresponde en cada caso.
For 25 years, we have dedicated ourselves to this matter, which has made us an office with a wide expertise and that allows us to offer a highly satisfactory service for our clients.
SUCCESSION RIGHT.- Reduzca la carga fiscal mediante una planificación testamentaria adecuada. Planificar las últimas voluntades de una persona y que las mismas se cumplan cuando llegue el momento es tarea que Andreu Alenda Abogados realiza conjuntamente con sus clientes, teniendo en cuenta tanto las relaciones afectivas como la repercusión patrimonial.
Redactamos y tramitamos los testamentos y herencias, de nacionales y extranjeros, siguiendo siempre la voluntad de nuestros clientes, y establecemos protocolos familiares para que los mismos se hagan cumplir con posterioridad.
Thus, we deal among other services of:
- Wills and provisions of last will.
- Liquidation and processing of inheritances.
- Application for last wishes and acceptance of inheritances.
DONACIONES.- Las donaciones permiten planificar y ejecutar la transferencia patrimonial entre generaciones en vida del donante. Permite establecer cláusulas que aseguren una determinada conducta del donatario.
Permiten una graduación en el proceso de transferencia patrimonial: prohibiciones de disponer, reserva de uso y disfrute, y otras figuras jurídicas.
Desde un punto de vista fiscal, permite acogerse a los beneficios fiscales vigentes.
Lideran el equipo de familia y sucesiones del despacho en la Costa Blanca, Mª Carmen Andreu Lopez y Rosario Andreu Gomez, y de la sede en Madrid, Fuensanta Alenda Andreu.
