22 Feb 2016: Community of property owners in Spain. Regime of private real estate developments (art. 24 Horizontal Property Act)

This blog came from a query made by a client, a homeowner who is part of a Spanish community of owners, with the particularity that each house has small garden plot and relief. At the last Annual General Meeting was agreed that the Community of owners may carry out maintenance works and repair of

Wim Lamers
Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella, Spanish law firm,

15 Feb 2016: Liabilities in the acquisition of a company in Spain

A matter to be considered in the purchase of a business in Spain is the responsibility of the acquired company, since the mere acquisition, change of name, or reorganization of the company, does not release the liability to the acquired company. In this regard, the Spanish Supreme Court in its Ruling of 16th December 2015,

Wim Lamers
Accountant in Spain, Accountant Marbella, Lawyers in Marbella, Start a company in Spain,

09 Feb 2016: Appeal to the agreements of the community of owners in Spain

Appeal to the decisions taken at the meeting of a community of owners in Span. In the event that you consider that your interests could be injured, you should be aware that you can present an appeal against an agreement adopted in the Board of proprietors of the Community, provided that the following circumstances appear:

Wim Lamers
Law in Spain, Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella,

07 Feb 2016: Regulation of the contracts at the Spanish Civil Code

The Spanish Civil Code, in its articles 1254 et seq., states that the contract exists since one or more persons agree to force, to any service or to give something. The parties may agree on the conditions that they consider applicable, always when they are not contrary to the law, morality or public order. In

01 Feb 2016: Possibility to examine the accountancy submitted voluntarily by the taxpayer in the limited control procedure in Spain

Is your company being subject of a limited control procedure of Spanish Inland Revenue? Then take into account the following aspects: In general, the Tax Office in Spain may not examine the accountancy of a trade company by means of a limited control procedure. Now, the new version (modification paragraph 2.c) of article

Wim Lamers
Accountant in Spain, Law in Spain, Lawyers in Marbella, Start a company in Spain,

25 Jan 2016: How to settle bills at international trade

The manner to settle bills at international transactions are practically the same as in domestic trade, although they have some differentiating factors. The way of settling bills can be classified according to whether or not are subject to both, financial and commercial management of documentation: Simple alternatives of payments.

Wim Lamers
Lawyers in Marbella, Legal Advice Costa del Sol, Spanish law firm, Start a company in Spain,

18 Jan 2016: The liabilities and legal actions against Directors of a Spanish S.L. Company

Article 241 bis of the Spanish Companies Law (Ley de Sociedades de Capital ) states that the action of liability against directos and or administrators, social or individual action, expires in four years from the day that would have been able to be exercised. Such action, when a damage caused by acts or omissions contrary

Wim Lamers
Law in Spain, Lawyer in Spain, Lawyers Costa del Sol, Lawyers in Marbella, Start a company in Spain,

11 Jan 2016: The minimum interest rate charged on a mortgage in Spain (Cláusula suelo)

Below we briefly and simply explain everything concerning the minimum interest rate charge on a mortgage in Spain. The so known “Cláusula suelo” The so known “Cláusula suelo”, in relation with the mortgage loan and the property purchase by mortgage, is a contractual clause stipulating a minimum payable to the bank although the ordinary interest

Wim Lamers
Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella, Spanish law firm,

08 Jan 2016: New Spanish coast regulation and its application in seconds and subsequent transfers of properties, in cases of new registration of properties in Spain and differences in measurements

In relation to the second and subsequent registrations at Spanish Land Registry on properties that intersect or those that are lining arround the maritime-terrestrial public domain, please find as follow a number of rules that the owners should take into account (notes to article 36 of Spanish coast legislation): – In Spain, if a

14 Dec 2015: Inheritance of your home in Spain

The Spanish legal and tax advice should be individual and specific to each client, and especially in the case of succession and Inheritance in Spain and its planning as the advice may be completely different due to the personal and family circumstances of each client. Therefore, each case must be studied carefully. For instance a

Wim Lamers
Inheritance Marbella, Property Lawyer in Marbella, Spanish Inheritance Tax, Spanish tax,

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Community of property owners in Spain. Regime of private real estate developments (art. 24 Horizontal Property Act)