All work entrusted to us are led by partners and / or senior lawyer with over 10 years of professional experience with extensive technical knowledge of the sector in which the client operates.
We work with multidisciplinary teams that provide the knowledge, experience and expertise needed to provide our clients a comprehensive service, effectively defending their interests and trying to make, in every case, the best possible solutions.
The relationship with the customer is always channelled through the same people, which certainly contribute to greater confidence, a greater understanding of customer needs and greater efficiency in providing solutions.
“Specializing in the areas of activity in which our clients are daily involved.”
“With presence in the main sectors where clients develop their activity.”
“Thomas de Carranza intervenes in a wide spectrum of international matters, be it on behalf of foreign clients who invest in Spain or advising our Spanish clientele in their international expansion.”
Procedural Law - Arbitration
“In 2015 our lawyers participated in more than 1000 legal proceedings with a high success rate.”
We are experts in solving all types of conflict in which our clients find themselves, whether in legal trials or in arbitration proceedings (of law or equity), mediations or negotiations. We possess the necessary experience and skill to lead and successfully conclude legal conflicts of diverse natures in any industry or business sector.
We undertake the legal management of cases placed in our trust and defend the rights and interests of our clients in all types of legal proceedings (civil, commercial, adversarial-administrative, labour, etc.) and/or arbitrations, whether as plaintiff or respondent, and before all Spanish competent judicial authorities (Constitutional Court, Supreme Court, High Court, Regional High Courts, District Courts, Magistrates, Arbitration Bodies, etc.).
We are pragmatic. We always take into consideration the costs and the possible benefits and risks related to the proceedings for our clients, thus allowing them to adopt the most adequate solution to needs of their particular case. If we consider that the best way to defend our client’s rights and interests is to come to an agreement, we will recommend commencing negotiations for this purpose and we will assume the leadership, with our client, in the negotiations until its full conclusion. If we must go to trial, we will attend court and duly prepare the trial strategy in our endeavour to obtain the most advantageous result for our client. The client’s interest is always first and foremost.
Within Thomás de Carranza Abogados, the procedural department is the most extensive. It is possibly the best known of the departments among our clients and, without doubt, one field of specialisation of which we are extremely proud due to its high standards of quality and competence. Procedural Law has, since our beginnings, been one of our quintessential fields of practice. Our lawyers have attended thousands of legal proceedings (civil, commercial, adversarial-administrative, etc.) with some extraordinary results in favour of our clients.
Santiago Thomás de Carranza has twice been recognised as one of the country’s best trial lawyers by the prestigious magazine Best Lawyers (in 2013 and 2014).
Specialists in Procedural Law:
Corporate and Commercial Law
“Specialists in the day-to-day activities of our clients: 1.- Client proximity. 2.- Always available. 3.- Experienced team of lawyers. 4.- Transparent and reasonable price policy. These are the 4 key aspects that make TCAbogados a reputable top law firm when it comes to advising clients in the areas of their daily business.”
Companies make up the majority of our clientele, therefore, since the beginning, this field of practice has been one of the epicentres of business at Thomás de Carranza Abogados. We have a distinguished commercial and corporate law department that is specialised in the areas of our clients’ daily operations.
» Comprehensive advice to commercial companies regarding all stages of their business.
» Incorporation of companies and subsidiaries in Spain and abroad. Company structuring planning and implementation.
» Continuous legal support and advice to the executive and managing bodies of the company. Day-to-day legal management of the company (company secretariats, modifications to articles of association, share capital increases/reductions, drafting of adopted resolutions and decisions and their notarisation, arrangements with the Company Registry, Tax Authorities, Social Security body, etc.).
» Drafting and negotiation of shareholder agreements (shareholder voting agreements, agreements on management, investment and divestiture, family protocols, etc.).
» Planning and execution of company restructuring operations, mergers, acquisitions, joint ventures, etc.
» Drafting and negotiation of all types of commercial contracts: distribution, service provision, agency, franchise, licensing agreements, contracts of carriage, powers of attorney, etc.
» Vast experience in resolving conflicts, whether legal or extra-judicial, that occur within the company between shareholders, directors, management teams and others.
With the objective of providing a comprehensive service to our clients, our commercial lawyers collaborate very closely with those in tax, labour and procedural law fields.
Especialistas en Derecho Mercantil:
Administrative Law – Regulatory – Regulated Sectors
“Specialists in Administrative Law.”
» We advise both private businesses and public authority bodies, in particular, local authorities and public law institutions.
» We provide legal consultation to our clients in their business with public authority bodies (various types of administrative proceedings, penalties, authorisations, licences, planning permission, public procurements, compulsory purchases, public utility, public service, public authority material liability, public grants and subsidies administrative resources and adversarial-administrative proceedings, etc.).
» Public sector contracts. Participation in tenders. Consultancy on resolving any type of conflict arising within a public procurement contracts in both the administrative and legal streams.
» Economic regulatory law. Procedures in the incorporation of regulated entities (Venture Capital Entities, Financial Institutions, Investment Service Businesses, etc.). Daily management before regulatory authorities (National Commission for the Stock Market (CNMV) , National Commission for Markets and Competition (CNMC), Commission for the Telecommunications Market (CNMT), Bank of Spain, Directorate-General for Insurance, etc.). Consultation services in specialised sectors (energy, water, ports, mines, roadways, postal services, audiovisual, telecommunications, transport, infrastructure, town planning, education, health, sanitation, etc.).
» Asesoramiento en sectores concretos de especialización (energía, aguas, puertos, minas, carreteras, servicios postales, audiovisual, telecomunicaciones, transporte, infraestructuras, urbanismo, educación, salud, sanitario, etc.).
» Specialised consultations in the acquisition and sale of State licensed companies and/or private businesses that trade under the “supervision or special control” of public authorities (State-contracted companies; public utility licensed companies; public service and/or general economic interest management companies; regulated bodies; etc.).
» Extensive experience in the processing and technical management of all kinds of administrative and adversarial-administrative procedures with the aim of defending the legitimate rights and interests of our clients.
Specialists in Administrative Law:
Mergers and Acquisitions (M&A) – Venture Capital
The law firm has long experience in M&A transactions at a national level and in diverse sectors, , such as: sanitation; liquefied natural gas; infrastructures; public service and utility licences (mines, ports, water, motorways, etc.); media; leisure; services; transport and logistics; renewable energies and many others.
We advise both sellers and purchasers. Our services include all necessary work for the conclusion of the transaction:
» Design and implementation of the most appropriate legal solution for the transaction.
» Due diligence process. Data room organisation.
» Assistance, negotiation and drafting of any documents and contracts that are necessary for concluding the transaction (letters of intent/MOUs, contracts of sale, shareholder agreements, management agreements, joint ventures, MBO; LBO; MBI; BIMBO, etc.).
» Assistance during finalisation of the agreements reached.
» Post-execution services (registrations; modifications to articles of association; granting of powers; monitoring performance of adopted agreements; possible restructuring; etc.).
» Conflict resolution.
With the objective of providing our clients with comprehensive advice during the process, the M&A department collaborate very closely with those in tax, labour and procedural law.
We provide consultation services for venture capital entities in their relations with the regulatory body and in their various investment and divestiture transactions. We possess the necessary experience and knowledge to guide our clients through the entire process: incorporation of the investment vehicles; fund raising; negotiation and drafting of agreements between shareholders and directors; management contracts; financing, investment and divestiture transactions (LBOs, MBOs, MBIs, etc.); post-investment services (secretariats, registrations, monitoring of adopted agreements, regulation compliance unit, business with the regulatory body, information obligations, etc.).
Specialists in Mergers & Acquisitions:
For over 10 years the real estate team at TCAbogados has advised Spanish and foreign clients in all forms of land and real estate transactions (promotion and development, purchases, sales, financing, restructuring, leases, sale & lease back of real property, construction contracts, etc.) and in all types of property (land, housing, social housing, offices, shopping centres, hotels, estates, industrial warehouses, etc.).
Our clientele is composed principally of individuals, developers, property companies, investment funds, financial institutes and family offices.
Our clients receive advice throughout the entire process of property investment, management and divestiture (tax and legal structuring of the transaction, land and real estate due diligence processes, negotiation and drafting of investment and divestiture contracts, assistance at conveyance formalisation, legal management of the property, legal and extra-judicial conflict resolution, etc.).
LEGAL PROPERTY MANAGEMENT: We are leaders in managing and resolving the conflicts that arise from day to day in relation to property belonging to our clients (licences, owner associations, leases, insurance, service providers, legal and extra-judicial complaints, etc.). We have taken part in thousands of legal and extra-judicial proceedings in the last few years; thus, we have become one of the most experienced Spanish law firms in this sector. Having an extensive network of associate barristers and solicitors throughout Spain, we can offer our clients effective and flexible counsel in this field. We advise clients who are leaders of this sector and manage thousands of properties. We have the experience and necessary know-how to manage effectively the day-to-day legal requirements of large real estate portfolios in Spain.
Specialists in Real Estate:
“Specialists in the field of labour relations.”
Our labour law department comprises highly specialised professionals who possess extensive experience in the field of labour relations. We advise both national and international clients, particularly companies and management, in all forms of matters related to Labour and Social Security Law.
Our practice usually includes:
Employment Consultation – Human Resources
» Continuous employment advice. Resolving our client’s daily questions and enquiries.
» Employment contracts. Ordinary and executive contracts. Special agreements. Employee mobility, exclusivity, non-competition, non-disclosure.
» Planning and implementation of company labour policies. Remuneration Systems – Incentive plans for employees and/or executives. Family and employment reconciliation.
» Working condition modifications.
» Occupational hazard prevention.
Termination of Contracts / Restructuring / Covenants
» Disciplinary dismissals. Individual redundancies on objective grounds. Fixed-term contract terminations.
» Individual modifications to work conditions.
» Collective redundancies.
» Collective procedures for suspension and/or modification of employment contracts.
» Collective transfers.
» Company successions.
» Collective bargain negotiations. Company and collective agreements.
Technical Management in Administrative and Legal Proceedings.
» Social Security and Labour Inspections.
» Penalty procedures.
» Work accidents.
» Social Security surcharges.
» Document processing for the Mediation, Arbitration and Reconciliation Service (SMAC).
» Ordinary and special legal proceedings for individuals and collectives. Appeals and judicial reviews.
Our labour law department coordinates with other departments of the firm, in particular with the tax law department (which advises on the remuneration and incentive plans, profit sharing, pensions, etc.) and the commercial law department in the mergers and acquisitions section (employment due diligence audits, executive management contracts, remuneration pledges, etc.).
Specialists in Laboral:
“We assist our clients in opting for the best decision at the right time.”
The intense work of TCAbogados at trials has culminated in the formation of an insolvency team composed of professionals greatly experienced in pre-insolvency, insolvency and crisis management procedures. We offer comprehensive consultations to parties affected by insolvency, whether they are the insolvent business or the creditors.
» Economic crisis management advice. Business crises. Company appropriate agreements. Negotiations with financial institutes, creditors and debtors.
» Preparation, technical management and monitoring of pre-insolvency and insolvency procedures.
» Refinancing. Restructuring.
» Sale of company branches.
» Creditors’ agreements.
» Creditor representation.
» Defence of debt claims.
» Actions for rescission.
» Insolvency matters on debt priorities.
» Responsibilities of insolvency administrators.
Specialists in Insolvency Law:
Industrial and intellectual property – Data protection – Advertisement and consumer goods – Technology
“Specialists in the protection and legal and extra-judicial defence of industrial and intellectual property rights of our clients.”
The most significant activities we carry out in this field are the following:
» CLicensing, assignment, franchise agreements and other contracts.
» Publishing activity, copyright, management, record label, production and distribution of audio-visual works (home videos, cinematic works, musicals, digital distribution, exploitation rights on the internet, etc.). Consultation services for authors, publishers, producers, performers, etc.
» Internet domains, web pages, digital content.
» Legal and extra-judicial procedures in this field.
Moreover, the firm provides consultation services to companies, traders and professionals regarding data protection and privacy:
» Data protection audits. Regulatory compliance and implementation of measures to ensure such compliance.
» Data protection contracts.
» Procedures with the Spanish Agency on Data Protection (AEPD) in relation to data access, rectification, deletion and objection, penalty procedures and legal proceedings.
» Exercising the “Right to be Forgotten” against any information service provider on the Internet.
In the field of advertisement and consumer goods
» Advertisement contracts.
» Procedures with advertisement self-regulation bodies.
» Proceedings in civil and administrative courts.
» Labelling, responsibility and warranty of consumer goods.
» Distance-sales, electronic trade and contracting, etc.
An in information and communications technology:
» E-commerce and data protection.
» Domain retrieval. Web page protection.
» Electronic fraud. Internet fraud.
» Technology and software: proprietary licences, technology and software development contracts, non-disclosure and technology transfer agreements.
» Electronic signature. Electronic invoicing.
» Startups. Assistance to business accelerators.
Specialists in Industrial and Intellectual property:
“We assist our clients in opting for the best decision at the right time.”
The Tax Law Department is one of the most important sections of TCAbogados. With a team of highly experienced and specialist professionals, we search for solutions to the various predicaments of our clients and advise them so that they can choose the most fiscally-effective option.
Our firm’s tax consultations cover the following areas:
» Day-to-day tax consultancy service.
» Asset taxation planning.
» Property taxation (real estate companies; property conveyance).
» Corporate taxation (Company Taxes, VAT, salaries, mergers and acquisitions, investment and divestiture transactions, local taxes, etc.).
» Individuals’ taxation (Income tax, Inheritance and Gifts, local taxes).
» International taxation (non-resident investors, nationals wishing to export).
» Tax advice for expatriates and nationals (consultation for professionals transferring their business and assets abroad or for those looking to establish themselves in Spain).
» Inspection procedures. Advice and technical management in economic-administrative proceedings and tax dispute legal proceedings.
Specialists in Tax Law:
Economic Crime – Compliance – Regulatory Compliance – Director Responsibility
“We are experts in corporate compliance. We assist our clients in complying with the law, ensuring they do not fail in their responsibilities.”
The TCAbogados staff has ample experience in defending their clients (companies, directors, managers, workers) in all forms of cases related to Company and Economic Crime Law. We assist our clients, whether they are the accused, respondent, liable party or plaintiff, in criminal proceedings brought before all courts of law. Such cases include corporate crimes, economic crimes, criminal liability of companies, directors or managers, crimes against public authorities, document fraud and accountancy fraud, amongst others. Furthermore, in the interests of avoiding any criminal responsibility of companies and/or directors, this law firm’s Crime-Compliance department specialises in counselling clients in adopting measures and policies aimed at the prevention and early detection of irregularities that lead to criminal repercussions. This aids in ensuring the compliance with applicable regulations, preventing the commission of any crimes and avoiding any possible liability of our clients.
Corporate Compliance – Regulatory Compliance and Crime Prevention – Director Responsibility.
We are experts in corporate compliance. The most significant activities we carry out in this field are the following:
» Criminal risk assessments and audits.
» Production of manuals and implementation of prevention protocols (money-laundering, data protection, corruption), establishment of committees responsible for prevention, internal prevention procedures and policies, information duties, document archiving, review of training and internal monitoring measures, etc.
» Ethical codes of conduct. Supervisory audits and periodic evaluations on compliance with the ethical codes of conduct.
» Internal reporting systems.
» Incentives for employees who inform on possible internal criminal acts.
Specialists in Economic Crime:
Department of Real Estate Legal Management
“We specialise in the fields that truly deliver added value to our clients. We carry out the day-to-day legal management of the country’s largest real estate portfolios and competently solve the many daily problems that arise in relation to those assets.”
We are market leaders in managing and resolving conflicts that arise daily in relation to our clients’ property assets (licences, property associations, leases, insurance, service providers, legal and extra-judicial claims, etc.). We have attended thousands of legal and extra-judicial proceedings in recent years in order to resolve our clients’ difficulties. Without doubt, this experience has established us as one of Spain’s top law firms in this field.
With an extensive network of associate lawyers and collaborative solicitors located in the major cities of Spain (Barcelona, Valencia, Seville, Malaga, Cadiz, Huelva, Bilbao, Valladolid, Burgos, La Coruña, Oviedo, Tenerife, Palma de Mallorca, etc.), we can offer our clients pertinent, flexible and competent counsel.
We advise clients who are leaders of the sector (investment funds, REITs, real estate companies, etc.) .) with thousands of property assets on their books (residential, social houses, offices, business premises, shopping centres, etc.). We possess the experience, technical and human means and the necessary know-how to effectively manage the daily legalities of the country’s large real estate portfolios. Our clients are freed from the heavy burden of dedicating time and energy to solving the daily problems that occur among their property assets; consequently, they are allowed to focus on other development activities that can increase the value of their assets.
Specialists in the Department of Real Estate Legal Management:
“We have vast experience in counselling development and construction companies.”
We are experts in the negotiation and drafting of contracts and subcontracts for the construction sector (turn-key, construction, renovation and refurbishment contracts; architect, project management contracts; and contracts for other construction related services). We also participate in the negotiation and conclusion of finance agreements with construction project funding institutes i.e. project finance.
We can also call upon our extensive experience in matters of infrastructures and public works (water mains, roads, toll motorways, ports, etc.) and offer our clients comprehensive advice in their business with public authorities (tenders, work contracts, public works licensing, etc.).
We are experts in defending our clients’ rights and interests in the construction sector, whether at a pre-legal stage (negotiation) or at a legal/arbitration stage in the civil, administrative or adversarial-administrative track. We cover all matters and conflicts that regularly occur in this regard (competitive bidding processes, claims for breach, defaults, defects and/or errors, accountability, cancellation and return of collateral, subcontracting, insurance, etc.).
Specialists in Construction:
“We are committed to building long-lasting relationships with our clients.”
Our law firm has always been dedicated to family businesses by providing such companies and their owners with legal counsel on corporate and economic aspects (asset management, investment and divestiture operations, etc.), and on the legal bonds and the existing relations between the different owners: family members and companies.
In particular, the law firm provides regular legal advice in the following matters:
» Regular legal consultations on the day-to-day activity of the family business. Support to the executive bodies and directors. Investment and divestiture operations. Contracts.
» Family covenants. Shareholders’ agreements. Management agreements. Articles of Associations adapted to the passed resolutions.
» Governance and management bodies: structure, task and responsibility distribution, family councils, professional management, decision-making procedures, enhanced majorities, etc.
» Plan and implementation of the most appropriate company structure for the owners’ interests or requirements.
» Family tax preparation: inheritance, company risks, family savings.
» Remuneration policies, distribution of dividends.
» Valuation and purchase and sale mechanisms for assets. Exit agreements. Forced sales. Drag-along rights.
» Principles of good governance.
» Regular legal advice.
Specialists in Energy:
We have extensive experience in the renewable energies sector (wind, solar, biomass, etc.) in both its corporate and regulatory aspects. We accompany our clients through the entire process of investment and/or divestiture. Our services encompass the development, financing (Project Finance), construction and installation commissioning of renewable energies.
We advise the different actors who take part in these types of activities such as developers, investors, land owners, builders and operators.
Negotiation and conclusion of EPC, O&M and Financing contracts.
Acquisition and sale of Energy Projects (due diligence processes, negotiation and conclusion of transfer agreements, transaction formalisation, monitoring, etc.).
Specialists in Energy:
We provide specialist advice on financing in a large number of industries. Our companies are principally financial borrowers. We have extensive experience in negotiating with financial entities in a wide range of transactions (corporate finance; acquisition finance; “project finance”, real estate finance, syndicated loans, debt restructuring, refinancing, etc.).
Specialists in Finance:
Fundamental Rights Protection (Honour, Privacy, Image)
“Specialists in the protection of our clients’ rights.”
The law firm boasts adept and successful experience in the sphere of fundamental rights protection for its clients (natural and legal persons) along with a special dedication and awareness in the civil and criminal protection of fundamental rights to Honour, Privacy and one’s Own Image as well as in defending the freedom of expression and information.
Honour and dignity very likely constitute the most important and fundamental of human rights after the right to life. Today, as in the past, honour and integrity are the principal ingredients in a personal and professional reputation in all business sectors, for individuals and for companies. For this reason, the law firm, Thomas de Carranza Abogados, is specialised in the field and protects its clients against any unjustifiable attack on their personal or professional reputation and against any other act that may diminish them in the eyes of others (means of communication, internet, social networks, etc.). We initiate defamation suits in order to halt illegitimate infringements and to seek reparations by demanding compensation for any damages or harm caused.
At TCAbogados, we have had the honour of assuming the technical management of some of the most symbolic and complicated legal proceedings in defending the fundamental right to honour of our clients.
Specialists in Fundamental Rights Protection:
Services – Entertainment
We offer comprehensive consultation services to businesses of this sector (art galleries, hotels, tourist accommodation, catering, travel agencies, etc.) in their different areas of activity, both in day-to-day operations and in more occasional activities that may require a higher degree of specialisation and experience:
» Company Incorporation (articles of association, notarisation, registration, etc.).
» Real estate conveyancing/ leasing.
(national and international deposits of works of art; agency, franchise, distribution, advertisement, e-commerce contracts, etc.
» Administrative and Regulatory (licences, authorisations, subsidies, competition, consumers, data protection, etc.).
» Investment and divestiture operations. Asset transfers. Purchase and sale of business in the sector (due diligence processes, negotiation and conclusion of contracts, formalisation).
» Taxation (regular consultation, preparation, investment and divestiture, etc.).
» Industrial and intellectual property.
» Trial and arbitration (legal and arbitration proceedings, conflict resolution).
Specialists in Services - Entertainment:
Regulated Entities / Investment Services Companies
“With extensive experience in legal advice to regulated entities"
» Recurrent legal advice to regulated entities and investment services firms, both in their relations with regulatory bodies and with their clients.
» Processes of constitution of regulated entities (Venture Capital Entities; Financial Institutions; Investment Services Companies, etc.).
» Daily management before the regulatory authorities (CNMV, CNMC, CNMT, Bank of Spain, Directorate General of Insurance, etc.).
» Regulatory Compliance - Corporate.
» Claims in services and products: pre-litigation and litigation advice.
» Disciplinary proceedings.
Specialists Regulated Entities:
Multi-currency mortgages / Land clauses / Stocks / Preferred bonds / Convertible bonds / Bonds / Swaps / Leveraged loans / Portfolio management / Investment services
Many people have been affected by products and services provided by different entities. At Thomás de Carranza Abogados we have extensive experience in defending the rights and interests of our clients in this type of situation, representing them both in the negotiation phase (prior to the filing of the legal action) and in the judicial claim phase.
Personalized Advice: These types of claims cannot be treated as if they were all the same. Both the investor's profile and the specific circumstances of each investment need to be analysed in detail, as only in this way will we be able to tailor the best defence strategy to the specific case. Aware of this, the Firm, prior to the commencement of any claim action, carries out an analysis of the viability of the specific case, so that the Client knows from the outset what to expect from it and the associated risks (expectations / risks of the case / costs / deadlines).
El Thomas de Carranza Abogados is a highly specialized law firm in the field of litigation and has great experience and reputation in defending the rights and interests of its clients. In 2014 and 2015, the Firm's professionals participated in more than 1,300 administrative and judicial proceedings. The Firm has an extensive network of lawyers and collaborating "procuradores" located in the main cities of the country.
Specialists in Investment Products and Services:
“Thomas de Carranza intervenes in a wide spectrum of international matters, reflecting the international character of our clientele and our capacities for international advice.”
Our values are the quality and efficiency of our services, an unbreakable commitment with the defense, and satisfaction of the rights and interests of our clients. At an international level, the firm holds close relations with law firms in key jurisdictions, which share our values and with which we have worked coordinately in a number of cases.
Thomas de Carranza intervenes in a wide spectrum of international matters, be it on behalf of foreign clients who invest in Spain or advising our Spanish clientele in their international expansion. All of this definitely reflects the international character of our clientele and our capacities for international advice.
The firm holds a network of relations with international offices in practically all the financial and commercial places of importance around the world, which allows us not only to advice from an international perspective, but also to act locally through our relationships of trust. We believe in the good chemistry of personal relationships, strengthened by experience and professional collaboration in affairs, and so we have built our network of international contacts, upon the base of trust, the proved local experience in each jurisdiction and the personal relationship.
The firm is the Spanish member of the international network The Law Firm Network, www.lfnglobal.com which, founded in 1989, is a strong non-exclusive association of independent law firms from around the world.
Our lawyers not only speak different languages, they also understand the cultural differences and the ones existing between different legal systems. This way, and along with our international experience, we can provide a close advice and comprehensible to our foreign clientele.