The professional lawyers working at BORSO are highly experienced in the public and private sector. The department is specialised in public procurement, administrative procedures, expropriation, environment, and liability procedures regarding the Public Administration.

Furthermore, we are experienced in urban planning. The following are some of the services we provide:

• Real estate due diligence and analysis;
• Advice on the processing of applications, authorisations and specific permits;
• Processing of planning permissions;
• Administrative procedures: we defend the best interest of our clients through the drafting and submitting of pleadings, administrative appeals, etc.;
• Preparation of legal opinions.

At BORSO Abogados we believe in the development of alternative solutions to disputes and, in particular, we strongly support national and international arbitration processes, which are faster, more flexible and less costly than judicial processes.

The Arbitration Department is comprised of experts in this field and can work in several languages as they have acted before the main national and international Arbitration Courts.

Our work focuses on the development of a strategy to achieve the settlement of disputes through conciliation and negotiation between the conflicting parties.

BORSO Abogados offers our clients counselling related to Competition Law and European Union Law and, more specifically, with regards to the control of agreements restricting competition, as well as the control of abuses of a dominant position and unfair competition.

Our lawyers have great experience in this field, and they adapt their skills to meet the client’s needs and the demands of each sector.

In compliance with the Organic Law 5/2010, of 22 June, that amends the Organic Law 10/1195, of 23 November, of Criminal Law, through which the criminal liability of legal persons was recognized, BORSO Abogados offers its clients a comprehensive and effective counselling in order to set up proper corporate governance systems, prevent the risks of directors and legal representatives, ensure compliance with the rules in force and solve all issues arising in regards to this subject.

Our team of experts guides our clients in the definition and development of compliance systems required by the new legal framework (Articles of Association, Regulation of Shareholders’ Meeting, Board of Directors and Committees, Codes of Ethics and Codes of Good Conduct, etc.). Furthermore, they assist the “compliance officer” in the ongoing monitoring of compliance systems.

The team of lawyers at Borso is well experienced in Corporate Law and gives advice and represents public and private companies, as well as national and multinational enterprise groups in their daily business activities.

We offer comprehensive advice to our clients regarding all matters needed: Company incorporation, amendment and update of articles of association; increases and reductions in capital; performance or support in the secretarial duties of the Board of Directors or other corporate governing bodies; answer to legal issues related to management and administrative bodies; support in the establishment of compensation systems to Directors and Senior Executives; establishment of dividend policies; negotiation and defence of the company’s interests, its shareholders or directors in situations of potential corporate conflict; and in general, in every act performed by the company.

BORSO Abogados counts on a team of qualified and experienced professionals who counsel companies in personal data protection matters. Since the entry into force of the European Data Protection Regulation (GDPR) on the 25^th of May of 2018, and the subsequent Organic Law on the Protection of Personal Information and Guarantee of Digital Rights (LOPDGDD) on the 5^th of December of 2018, companies that deal with personal data need to adapt to the new requirements set in these laws.

Our experts guide and advise our clients on the adaptation of their organization to meet the demands established by law, through the implementation and maintenance of a system of technical and organizational measures, the optimization of systems already in place, the generation of the Security Document, the drafting of contracts required by the GDPR, risk assessments, continuous support to the data controller, the adaptation of the web content, the legal notice and the privacy policy, among others.

Nowadays economic activities on the Internet are increasingly common, therefore at BORSO Abogados we believe it is essential to be aware of the legislation and keys of this sector.

We offer comprehensive advice to our clients regarding digital regulations and digital procurement, paying special attention to the regulation in place covering consumers’ and users’ rights. 

We are aware that family businesses represent a big percentage of the total number of businesses in our country. Therefore, BORSO provides support to our clients regarding fiscal, wealth and structural planning, as well as assistance in structuring, transfers and succession processes.

En cumplimiento con la Ley Orgánica 5/2010, de 22 de junio, por la que se modifica la Ley Orgánica 10/1195, de 23 de noviembre, del Código Penal, por la que se introdujo la responsabilidad penal de las personas jurídicas, BORSO Abogados ofrece asesoramiento completo y eficaz a sus clientes para la implantación de sistemas eficaces de gobierno corporativo, así como para la prevención de riesgos de sus administradores o representantes legales, para el control del correcto cumplimiento de la normativa vigente y para la resolución de todo tipo de cuestiones que surjan entorno a esta materia.

Nuestros profesionales orientan a nuestro cliente para definir y desarrollar los sistemas de compliance que el nuevo marco legal exige (Estatutos, Reglamentos de Junta, Consejo y Comisiones, Códigos Éticos y de buena Conduta, etc.). Además, asisten, en todo momento, al “compliance officer” en sus tareas diarias de revisión continuada de los sistemas de compliance.

At BORSO we are committed to innovation and entrepreneurship projects, in which we collaborate from the initial stage of the project to its consolidation.

In order to do so, the professional lawyers working in the main expertise areas of our Office provide comprehensive legal advice mainly to national and international startups; national and multinational companies with ground-breaking technological and/or innovative projects which may be expanding or already consolidated; companies in the technology sector; public and private investors either through ad-hoc investment vehicles or on a personal basis.

The knowledge and experience gained by working with our clients has enabled us to become experts in providing advice on a wide range of operations, such as the following:

• Identification of the most appropriate legal vehicle that adheres to the business plan, the strategy and the will of all founding partners (incorporation, drafting of the articles of association, shareholders’ agreement, funding, etc.);
• Entry and exit of investors, traditional funding, funding rounds with private investors, crowdfunding, profit participating loans and convertible loans, advice on the application of tax and labour incentives at a national and international level;
• Optimisation of project taxation regarding the company, employees and investors;
• Registration and protection of trademarks and any intangible assets owned or developed. Protection and exploitation of intellectual and/or industrial property.

The Intellectual and Industrial Property Department is comprised of professionals who offer constant advice to our national and international clients regarding all subjects relating to, for example, trademarks, patents, know-how, artistic creations or designs. Furthermore, they are highly experienced in representing clients in court proceedings, thanks to their ongoing and deep study of this area of expertise, at a national, international and EU levels.

BORSO Abogados offers legal counselling specialized in international and national procurement, assisting our clients in all kinds of operations within different jurisdictions and economic sectors where we are highly experienced, such as textile, ceramics, pharmaceutical, chemical, automotive, construction, engineering and renewal energies.

The experts working in BORSO Abogados guide our clients in every step of international operations, helping them in the elaboration, negotiation, analysis and interpretation of contracts between companies, in buying and selling operations, in foreign investments and disinvestments, in the search of comprehensive solutions for planning, structuring and managing international tax risk of our clients, in the protection and defence of intellectual and industrial property rights, as well as in matters related to Customs Law, including imports and exports, and Maritime Law and Transport.

We have a team of professionals specialized in labour legal consultancy provided to national and international companies by guiding our customers and meeting their individual needs on the strategic management of staff, making sure of the compliance with current labour and social security regulations in force at any given time.

Our team has years of experience in dealing with labour matters, such as company reorganizations, labour audits, labour-risk prevention, the introduction of flexible working arrangements, collective agreements and company agreements, guidance regarding labour audits or collective disputes, advice regarding senior management agreements, the establishment of cost optimization policies and workforce planning.

At BORSO Abogados we have a specialized department for Mergers and Acquisitions, where highly experienced professionals in the sector counsel international and national businesses in all types of acquisition processes, LBO, MBI, MBO, risk capital investments, exchange of securities, restructuring of business groups and joint ventures.

The professionals working in this department will carefully analyse the situation exposed by the client and will provide a legal, tax, financial and economic analysis of the operation.

Since our professionals have great experience in Commercial Law and, more specifically, in Contract Law, they can use their knowledge to deeply analyse the elements belonging to national and international contracts.

In particular, we guide our clients during drafting, negotiation, interpretation, and review of all kinds of contracts.

The constantly evolving legislation on the prevention of money laundering and terrorist financing has established certain reporting obligations, such as: (i) formal identification; (ii) identification of the beneficial owner; (iii) obtaining information on the purpose and intended nature of the business relationship as well as continuous monitoring of the business relationship.

The increasingly systematic communication processes have allowed the Executive Service for the Prevention of Money Laundering of Spain (SEPBLAC) to increase the amount of information received on an annual basis, not only through information requests by national authorities but also through international exchanges of information.

BORSO’s Money Laundering Prevention Team provides counselling to those liable to such obligations, including but not limited to credit institutions, investment services companies, independent professionals offering advice on certain real estate and financial transactions and trusts (including non-residents which perform activities of the same nature in Spain).

The counselling we provide includes, without limitation, the drafting of reports by an external expert in regard to (i) the identification of those who are liable to such obligations; (ii) internal control bodies; (iii) identification criteria of clients and operations to be reported; (iv) communication channels; (v) training of employees and managers; (vi) review of internal audit and verification procedures; (vii) documentation keeping; (viii) employee training and compliance with requirements received from SEPBLAC. 

Our team of experts assists private clients in the management of their wealth (family or business) in financial, tax, corporate, civil, contentious and real estate areas in order to pursue our main goal: achieving the best performance of our clients’ assets.

Our lawyers are experts in providing individual advice and representing our clients in all kinds of proceedings —Civil, mercantile, administrative and labour— and in all stages and instances before the national courts of justice. Due to our experience, we can guarantee an efficient approach to defend our client’s interests, prioritizing the out-of-court settlement of disputes.

At BORSO Abogados we have extensive experience in the real estate and constructing sector. Thanks to this expertise we can advise our clients, both natural and legal persons, and provide a high-quality service in all legal, financial and tax matters arising from the acquisition of a property, lease, promotion and construction contracts, real estate financing, and the legal shaping of large surfaces.

Borso Abogados has a team of professionals with broad legal and finance background covering all major areas of Tax Law. We support and advise our clients in all types of operations that involve fiscal repercussions, such as national and international investment operations, joint-venture, reorganization of businesses, acquisition and transfer of properties, financing of real estate projects, transfer pricing, and operations related to succession and continuity of family business. We also assist on the interests of our clients through tax management, collection and inspection and in any tax proceedings before the Tax Authority. Our goal is to optimize the tax structure and burden of our clients (legal and natural persons), and to do so we offer a proactive consultancy so that they are constantly updated on the matter.

Our main addressed areas are:

General taxation: We assist our clients in daily queries regarding the interpretation and application of the main corporate taxes (Corporate Income Tax, Value Added Tax, Personal Income Tax, Trade Tax). We inform our clients on the last updates regarding taxation with the aim to optimize their tax burden.

Corporate taxation: We counsel national and international enterprise groups in tax planning and tax implications of merger, acquisition, and restructuring of companies. We offer consultancy along the tax due diligence process arising in these operations.

International taxation: We support our clients in international transactions and structures. We always look to optimize the tax burden in cross-border transactions. Furthermore, we guide our national clients through the internationalization process, and for that purpose we rely on an extensive network of international renowned collaborators. We have extensive professional experience in the elaboration and justification of the transfer pricing documentation since we have access to the main databases that allow us to value related operations following arm’s length principle.

Private client: We counsel family offices, managers and natural persons to ensure they properly comply with Spanish tax obligations. Not only that but we have wide experience in the application of the “impatriates regime” (commonly known as “Beckham Law”) for those qualified professionals that transfer their tax residence to Spain.

Contentious tax: We provide legal advice to our clients for all kind of procedures, appeals or disputes before the tax administrations. Among other services, this includes the assistance in restricted verification or inspection proceedings and the submission of allegations complaints and claims before contentious and administrative courts and bodies.

Family business: We advise our clients on the main areas regarding family businesses. We are experienced in topics such as the succession by new generations, the drawing-up of family protocols and the entry or exit of partners. Our counselling aims to optimize the company tax burden and access tax incentives on the property tax and inheritance and donation tax.

Taxation of artists and sports persons: We offer counselling to artists and athletes regarding the planning and structuring of their wealth, the transfer of image rights, compensation and the planning of present and future income.