Dávila & Asociados | Areas of action
51233
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Areas of action

Administrative Law

  • Sanctions and financial liability with follow-up of both administrative and judicial proceedings before the corresponding courts.
  • Judicial and extrajudicial claims against the various administrations.
  • Personnel at the service of public administrations.
  • Immigration.
  • Public goods and forced expropriation.
  • Processing of licences and concessions.
  • Administrative liability, whether financial or contractual.
  • Law on mines, waters, coasts, ports, railways, airports and transport in general.
  • Law and advice on competition.
  • Advice on data protection regulations.
  • Request for public subsidies of all kinds.
  • Administrative proceedings in any matter.
  • Industrial and intellectual property law.
    Energy: Specialisation in comprehensive advice for projects related to renewable energies.
  • Claims for all types of compensation related to traffic accidents.
  • Injuries and death.
  • Disability.

Civil Law

  • Legal representation in all types of civil proceedings before civil courts and tribunals, including appeals for reversal before the Supreme Court.
  • Advice, drafting and review of civil contracts.
  • Claims for defaults and other sums of money.
  • Incorporation of companies and related transactions.
  • Urban and rural leases.
  • Inheritance and successions.
  • Family, marriage and children.
  • Contractual and non-contractual civil liability.
  • Arbitration and conciliation. Mediation and other methods of out-of-court settlement of civil conflicts.
  • Real estate sales and companies.
  • Claims for defective construction work.
  • Appointment of legal guardians.
  • Compensation.
  • Evictions and debt recovery.
  • Civil liability derived from fault or negligence in general (motor vehicles, professionals: doctors, architects, engineers, etc.).
  • Strict liability.

Commercial Law

  • Handling of all types of proceedings before the commercial courts, including bankruptcy proceedings.
  • Creation of all types of trading companies.
  • Drafting of bylaws.
  • Drafting of commercial contracts. Industrial procurement.
  • Merger, absorption, transformation, spin-off, dissolution and liquidation of trading companies.
  • Preparation of meetings and minutes. Advice to corporate bodies.
  • Debt claims before the commercial courts.
  • Company reorganisation proceedings.
  • Directors’ liabilities.
  • Trading instruments.
  • Due Diligence Corporate matters
  • Secretariats of boards of directors.
  • Company agreements. Minutes and corporate documents in general.
  • Acquisition and sale of companies.
  • Restructuring of companies in crisis.
  • Provision of securities. Mortgages, pledges, endorsements, bonds.
  • Financial contracts.
  • Regulation of financial entities.
  • Pension schemes and funds.
  • Collective and individual insurance.
  • Insurance law and transactions.
  • Advice on commercial arbitration.
  • Industrial property.
  • Intellectual property.
  • Foreign investment in Spain (opinions prior to the investment, direct investments, constitution companies with foreign capital, creation of branches).
  • Spanish investment abroad (prior advice and processing of necessary authorisations, both Spanish and foreign).
  • International commercial procurement (technology transfer, distribution and representation contracts, agencies, franchising, etc.).
  • International corporate transactions, (join venture, international mergers, purchase and sale of companies).
  • International financial transactions (processing of authorisations for loans from non-residents to residents and vice versa, endorsements and guarantees, bank accounts, etc.).
  • International arbitration.
  • Judicial claims abroad.

Criminal Law

  • Drafting of criminal reports and lawsuits.
  • Processing and defence in proceedings.
  • Legal representation in the phases of investigation and trial.
  • Preparation of appeals against any rulings in criminal matters.

ECONOMIC CRIMINAL LAW

  • Scams.
  • False claims.
  • Misappropriation.
  • Punishable insolvency.
  • Crimes related to intellectual and industrial property, to the market and to consumers.
  • Corporate offences.
  • Tax and social security offences.
  • Offences against the rights of workers.

OTHER CRIMES AND OFFENCES

  • Slander and insults.
  • Threats.
  • Coercions.
  • Road safety offences (accidents, driving under the influence).
  • Sexual offences.

Management of Foundations and Cultural Entities

Under the coordination and direction of Violeta Dávila Sanchez, who boasts experience in civil and commercial legal practice as the head of the firm’s Department of Banking Law, together with in-depth legal training at national and international centres (Boston, Hamburg, Paris, etc.), including the Master in Legal Advice at the Institute of Companies and the recently obtained Master in Management of Companies and Cultural Entities at the Complutense University of Madrid, our office and the Seville-based firm Nexo Andalucia Consultores S.L. have launched a new comprehensive advisory service for foundations and cultural or charitable management companies and entities.

This service includes comprehensive advice, i.e. legal, administrative, economic and fiscal, specialising in this type of entities and also in the field of administrative, documentary and fiscal management, so that managers of the entities can devote themselves to their main activities with the assurance that our highly specialised team will be in charge of managing compliance with all legal and fiscal obligations and of completing all the documentary formalities to always keep them up-to-date with the Tax Office, Social Security, the Charities Commission and all the public administrations.

Employment Law and Social Security

  • Legal advice and management of all kinds of employment-related administrative procedures, including the legal management of administrative proceedings in any judicial body. Legal representation and management of judicial proceedings before employment-related courts, including appeals before the High Court of Justice of Andalusia and appeals for reversal before the Supreme Court.
  • Representation in proceedings before the Employment Inspectorate and all types of representation before public bodies.
  • Representation in acts of conciliation before administrative mediation and arbitration services, both in individual and collective conflicts.
  • Management of human resources.
  • Drafting of employment contracts and collective agreements. Negotiation and planning.
    Claims for payments and rights.
  • Dismissals and sanctions. Planning of the workplace disciplinary system.
  • Geographic and role-related relocation. International relocation and within corporate groups.
  • Substantial change in working conditions. Time off and unpaid leave.
  • Processing of redundancy plans.
  • Collective disputes.
  • Advice on workplace harassment.
  • Trade union law. Trade union policies. Negotiation and planning of framework agreements of business groups.
  • Social Security.
  • Criminal-employment law. Legal advice and judicial defence.
  • Pension schemes and funds.
  • Restructuring of companies.
  • Advice and processing of employment subsidies due to recruitment.
  • Law on executive managers.
  • Employment screening. Due Diligences
  • Employment contracts and subcontracts. Illegal workforce transfers and corporate offences.
  • Occupational health and safety.
  • Workplace accidents.

Medical, Hygiene and Pharmaceutical Law.

  • Contracts between clinics/hospitals and insurance companies. Medical contracts and medical supplies, etc.
  • Claims derived from medical and health-related actions in general.
  • Extensive experience in civil, criminal and administrative proceedings.
  • Claims of the medical and health personnel of the Social Security.
  • Our firm boasts more than thirty years of experience in handling all types of proceedings related to the defective provision of healthcare, injuries suffered in surgery and in all types of medical and health-related actions and especially in medical negligence, having represented clients in more than five hundred proceedings of this nature before corporate, administrative and civil courts.
  • Our professionals have attended numerous talks, congresses and conferences on the subject.

Urban Planning, Land Use and the Environment

URBAN LAW AND LAND USE PLANNING

  • Urban planning and land use law.
  • Urban planning permits and contracts.
  • Pre-administrative and administrative.
  • Negotiations with the government.
  • Urban planning agreements.
  • Preparation and processing of urban planning instruments.
  • Management of compensation boards.
  • Property developers.
  • Compulsory expropriation.

URBAN PLANNING PROCEDURAL LAW

Management of all type of urban planning proceedings before the administrative courts, Superior Regional Courts of Justice and the Supreme Court.

GENERAL PLANNING

Specialised advice, with the help of technicians when necessary, in the processing of general urban plans and any innovations or observations. Drafting and preparation of sectoring plans.

Specific environmental advice for urban planning.

DEVELOPMENT PLANNING

  • Management, drafting and advice with regard to the processing of partial plans, special plans, detailed studies and other urban planning instruments..

LAND USE PLANS

  • Management, drafting and advice with regard to the processing of all types of land use plans, including their environmental aspects.

ENVIRONMENTAL LAW

Comprehensive legal advice on environmental matters, with representation in environmental-administrative proceedings and appeals before the administrative courts.

  • Preparation of reports and legal opinions on environmental matters.
  • Advice on and processing of all kinds of environmental permits, licences and authorisations.
  • Renewable energies, with comprehensive legal advice on all types of projects, from the preparation of reports to the processing of permits and licences before the relevant organisations and the request for grants and subsidies for development.
  • Water Law: applicable legislation in Spain and the EU, water reuse, administrative concessions, management of rights, environmental protection of water, environmental offences related to water resources and financial system (fees and charges).
  • Pollution (soil contamination, hazardous substances, waste, trading of emission rights, etc.).
  • Search for and processing of grants and subsidies.
  • Environmental civil liability.
  • Criminal proceedings of an environmental nature.
  • Corporate social responsibility.
  • Environmental management systems and other environmental and waste management instruments.
  • Environmental engineering.
  • Reports and studies on environmental impact.
  • Environmental reports on land use planning, urban planning and tourism plans.
  • Strategic environmental appraisal for plans and schemes.

Tourism and Sports Law

  • Planning and land use in matters affecting the tourism and sports industries.
  • Urban planning in matters affecting the tourism and sports industries.
  • Tourism planning, recertification plans, tourism excellence plans, general and local tourism plans.
  • Environmental issues related to tourism activities: environmental impact assessment, environmental sustainability reports, environmental audits, advice for obtaining certification ISO 900 and ISO 14000, and environmental consulting specialised in the tourism and sports industries. Environmental authorisations, environment-related legal advice, disciplinary procedures, administrative procedures, etc.
  • Processes with city councils, regional governments and state-run organisations to obtain permits and licences for all kinds of tourism and sports projects. Advice on the drafting and management of tourism and sports projects.
  • Advice and management with regard to the registration process in the Registry of Tourism Companies.
  • Advice and management with regard to the registration process in the Registry of Tourism Companies
  • Advice and preparation of all types of special contracts in the tourism industry, whether for hotels, apartments, aparthotels, condo hotels, restaurants, or catering companies, etc., leases, management, mixed contracts and transfers, etc.
  • Accommodation contracts between tour operators, hotel companies and managers of tourist apartments, and contracts between them and the owners. Terms and conditions of contract for tour operators and service providers in destinations.
  • International agency contracts.
  • Purchase of land, and urban planning, land use and environmental audits of sites.
  • Acquisition and sale of business units, travel agencies, hotels, tourist apartments, etc.; as well as the management “Due diligence” of all legal, economic, fiscal, urban planning, employment and environmental matters.
  • Comprehensive legal advice on the all-round management of projects for resorts, hotels and spas, etc.
  • Comprehensive legal advice on the management of golf course projects, as well as their urban planning, land use, tourism and environmental aspects. Advice on obtaining sources of funding and parnership. All types of contracts related to projects and the running of golf courses, management of construction or activities, design contracts (domestic and international), contracts for project management, engineering, irrigation, leasing, management, commercial events, etc.
  • Advice and contracts on timeshare properties.
  • Executive recruitment in the tourism industry.
  • Special employment contracts in the tourism industry.
  • Catering contracts.
  • Merchandising contracts in the tourism industry.
  • Advice on industrial and intellectual property in the tourism industry.
  • Advice and procurement with regard to new technologies applied to the tourism industry.
  • Management of public grants and subsidies before public authorities.
  • Constitution, modification, merger and liquidation of companies in the tourism industry.
  • Analysis and feasibility study of projects and companies in the tourism industry.
  • Advice on business management formulas for tourism-related activities.
  • Advice on foreign investments into Spain in the tourism industry and in collaboration with international partner firms in Spanish investments abroad.

Compliance

We have an agreement with the specialised firm Das Compliance.

Our main offices are located in Madrid and Seville, but we can also assist you at our offices in Cádiz, Algeciras and Marbella.

  • Constitution, registration and start-up of activities,
  • Representation at meetings.  Drafting of minutes/certificates.
  • Comprehensive management of the secretary’s office of the entity with full running of all its obligations and functions.
  • Advice and follow-up of action plans approved by the board of trustees of the foundation.
  • General advice on and management of financing.
  • Advice on application for and management of grants/subsidies.
  • Management of all types of operations corresponding to the tax system of non-profit entities.
  • Entities included in the scope of application of the Law 49/2002 of 23 December on the Tax System of Non-Profit Entities and Incentives for Patronage.
  • Partially exempt entities.
  • Compliance with obligations before the Charities Commission.
  • Accounting and accountability obligations of national and regional foundations.  Preparation of financial statements.
  • Modification of articles of association, merger, extinction and liquidation of the foundation.
  • Advice on all types of general and specific contracts of foundations, including patronage contracts.
  • Employment-related advice and representation in acts of conciliation and employment-related lawsuits of all kinds, and administrative lawsuits where applicable.
  • Comprehensive administrative and accounting management of all documents related to mandatory books, digital records and accounting and tax obligations for the entity’s financial year.
  • Employment-related management, contracts, payroll, and Social Security.
  • Tasks of Compliance to ensure the elimination of corporate risks.
  • Advice on the design and implementation of the corporate social responsibility policy.
  • Advice on policies and management of communication and relations with the media, with expert professionals in journalism and communication.