Global Advocacy Services News Page

In this section you will find juridical articles written by our lawyers, the last juridical news as well as any other relevant legal information.
In our goal to improve every day, we put at the disposal of our clients and the general public an exquisite juridical information of vital importance to his company, which certainly will be really interesting

KEYS TO ENSURING THE SUCCESS OF AN INTERNATIONAL TRADE

In a global world, the internationalization has turned into a key piece of growth in every single company no matter his size.

To ensuring the success of an international trade, it turns out necessary to know the juridical risks that it generates and to adopt concrete deals to mitigate, assuring this way the satisfactory result of the international experience and stimulating more and bigger business.

Risks and Precautions

International trade carry on some risks because of his own characteristics; companies of different nationalities, different commercial cultures, different law, different courts…

This is the reason why it is necessary to take in consideration some precautions, simples actions within reach of any company, which are the following ones:

International Contracts: Signing international contracts with the other company establishing the competent Court and the applicable law in case of conflict.

Improving commercial documents: If signing international contracts is a difficult task, the alternative is to improve the commercial documents of your company (order sheet, invoice, general conditions of sale…)

Means of International Payment: Choosing the right mean of payment that ensure the collection of the international trade, it is advisable to use Letter of Credit because it guarantees the payment no matter our client was or not satisfied with our service, though it would be advisable to analyze every case.

How can I avoid an Interest Clause?

The Interest Clause or Soil Clause is in many loans subscribed to variable interest rate.

The above mentioned clause, even of being in many loans, slipped by for a long time, however, the Euribor minimal level have given it a great importance, being an authentic problem for people affected.

What’s it all about?

The limits to the minimal interest rate applicable to a loan or colloquial called soil clause are the fixation of a minimal rate to the applicable interest in a lending.

In such a way that a lending agreed to variable interest, will quit being variable when the interest rates places below this minimal limit to turn into a fixed minimal interest lending.

This way, in spite of having a variable interest rate lending according to Euribor plus differential, if the above mentioned interest rate places below this minimal or soil clause, this clause will turn applicable, losing our lending the nature of variable to turn into a fixed lending.

It means that the affected ones won’t get benefit from the descent of the Euribor, having to pay higher payments according to the fixed type, increasing the loan costs.
Let see an example: Variable Interest Rate Lending according to Euribor plus differential 0.75% and Soil Clause/Minimal Fixed Rate 3.5%

If the applicable interest rate with reference to Euribor plus differential is minor than 3.5%, then the applicable interest to the loan won’t be the variable but the Soil Clause 3,5%.

What Can I do?

If you are affected by the famous Soil Clause, being obliged to pay higher quotas than the agreed ones, don’t be patience anymore, you can require the bank the elimination of the clause and claiming your money back from all the quotas you paid because of the Soil Clause.

Global Services Advocacy already has Judgments in favour to people affected by the Soil Clause, being condemned the bank to eliminate the clause and to return the higher interest paied for its application.

Consult us in a free way and without commitment if your lending is affected by a soil clause.

IF MY CLIENT DOES NOT PAY ME… AT LEAST I WILL RECOVER THE VAT

Because of the economic reality through we live, every time it is more common to have unpaid invoices from our clients. That is why, it turns out suitable to know that exists the possibility of recovering the VAT joined to the Tributary Agency, by reducting of the tax base when our clients are on insolvency.

Procedure to recover the VAT

There are two different procedures depending on if our client has presented insolvency proceeding or not. The two different procedures are the following ones:

Debtor without insolvency proceeding who does not pay the invoice:

– 1 year from the income of the Tax without the payment of everything or part of the credit. This term diminishes to 6 months when our business volume had not exceeded 6.010.121,04 € during the previous natural immediate year.
– That such a circumstance has remained reflected in the book of sent invoices.
– That the debtor is businessman or professional, or, the unpaid tax base was superior to 300 Euros.
– That has urged the collection of the credit by judicial claim or notarial requirement.
If these requirements are fulfilled, there will proceed to issue the invoice within the 3 following months from conclusion of the period of one year or six months, respectively, counting from the income of the operation, which will have to communicate to the Tributary Agency in the following month.
Fulfilled the above, you will be able to reduce the amount of the VAT which repercussion has rectified, in the declaration – liquidation of the period of liquidation corresponding to the moment in which it had sent the new invoice.

Debtor with insolvency proceeding:

In this situation, the new invoice must be placed within one month from the following day of the Insolvency Proceeding Publication and the communication to the Tributary Agency must be made in the following month.

TAKE CARE COMPANIES! NEW LABOR LAW

Recently has been published two Decree-Law very important to companies, concerning directly the Labor applicable regulation.

These two Decree-Law are “Workers Statute” and “Law of Employment”, which will come into force next November 13th.

Both of them update and reunify legal changes during the past years concerning to employment. The main innovations are:

Procedure to recover the VAT

There are two different procedures depending on if our client has presented insolvency proceeding or not. The two different procedures are the following ones:

Workers Statute

– Three groups join to the labor special relations: the minors submitted to measures of internment to fulfill his penal responsibility, the residence for the specialists’ formation in Sciences of the Health, and the attorneys who give services in law offices, individuals or groups.

– There is included the company obligation to communicate to the employment office the beginning of the contracts and his extensions. Also, the submission is added to the protection data regulation, the processing of the information in the contract.

– Concerning to practices contracts, it is adapted to the system of professional classification by professional groups given by the labor reform, so that with the new collective sectorial treaty will be able to determine the working places or professional groups of the contract.

– About the suspension with reservation of working place, it is avoid the mentions to military service and of the social substitute presentation.

Law of Employment

– The jurisdiction of SEPE for managing programs of a geographical area higher than one State without it implies the geographical mobility of the unemployed or working participants, when they need a unified coordination and previous agreement between the mentioned organism and the States where they should execute, will be regulated by them.

– The Fund of Employment Policies will be regulated by this law.

– ETT are included as an agencies of placement, and they will be able to act like that if they adjust to the established legally.

– It is included a continued evaluation of the active policies of employment, though an expense memory, included the necessary one for the management of the system, and the results of the active policies of employment in the set of the State.

– Link active policies of employment and presentations for unemployment. When the employment gets better, the Government will adopt measures to reform the regulation of presentations for unemployment.

– Government is supposed to continue reinforcing the public services of state employment by the improvement of his resources of all kinds.

5 STEPS TO INTERNATIONALIZE MY COMPANY

The internationalization of the companies constitutes a new challenge, in a world so included as the current one, to conquer new markets is a trustworthy alternative to extend our business.

To carry it out supposes a great effort, that is the reason why we give you a practical guide that will help you to start the way, stepwise.

5 steps

1.- Diagnosis of the internal situation of your company
It is important to make an internal analysis of the resources of the company, qualified team with several languages, financing, capacity of production, added value of our products…

2.- Markets List
Deciding what countries turn out interesting for our business, we will have to value if our product can fit on the local market, analyze the economic situation of the country, the political regime, risk – country…

3.- Choose the Market we are going to export
From the previous list we will have to mark a priority of the markets in which we have detected an opportunity depending on our possibilities of success, depending on the quantity of our product we can sell, the cost of the sale …

4.- Choose the way to enter
There are many ways to enter into an exterior market depending on our needs. Some of the most are, alliance with a local partner or also called Joint Venture, a Distributor, a Sales Representative or being present at local fairs …

5.- Monitoring and control
Once the international trade is made, it turns out necessary to make a monitoring and control of that one, to analyze the volume of sales realized, its evolution in later seasons and actions of improvement regarding to the previous ones.

HOW LONG CAN I CLAIM TO MY DEBTORS?

Before claiming the payment of any invoice to debtors, the first thing that it must be verified is the term for it.

The law, depending on the type of the contract, establishes some period within it is possible to claim his debtor. Out of this term, the action gets lost turning out impossible the claiming, juridically known as prescription.

The term gets reduced: From 15 to 5 years

The new Law of Civil Prosecution, drastically reduce the term of the personal actions, this is, the term granted to the creditors to claim his debtors.

This way, with the previous legislation, the creditor had a wide term of 15 years to claim the unpaid invoices.

However, the new regulation reduces the above mentioned term to 5 years, counting from the due of the unpaid invoice, spent this term the action will die and will not be able to claim.

Existing Debts

Concerning to existing debts before the entry into force of the mentioned Law, October 7, 2015, the regulation does an exception.

The above mentioned debts will be ruled by the previous term of 15 years, but if since this Law came into force, the debt does not get claimed in the space of 5 years, it will be of application the new term.

All this invites us to encourage you to take unpaid invoices and proceeds to claim them.

It is possible tomorrow was too late.

ARE YOU AFFECTED BY THE DECEPTION OF VOLKSWAGEN GROUP?

If you have a car manufactured by Volkswagen group (SEAT, Volkswagen, Skoda o Audi), we help you to know the way to guard you own interests.

1.- Check

First thing you must verify if your car is affected by the diesel engines EA189.

So easy, you only need to introduce the frame number of your car, which is in the Technical Sheet of the car, in the following link we give you:

http://www.audi.es/es/web/es/servicios-cliente/motores-diesel.html

If you car is not affected, Congratulations!, you are done.

If your car is affected, you need to keep going through the next step.

2.- Repair

Surely, your official concessionaire will contact to you to carry out the opportune reparation on the emission device of your vehicle.

The repair turns out to be necessary and obligatory to fulfill the regulation of the European Union so, at this moment, the owner of the vehicle cannot refuse it.

However, the above mentioned repair neither can or must reduce any type of presentation of the vehicle, and if it does it, it will have to be indemnified in the matter.

That is why you must not sing any document your concessionaire give you to carry out the repair, because it could mean the resignation to claiming to be indemnified.

3.- Advice

For further information you can contact us, without commitment, calling +34 941 38 0992 or sending an email to: info@sgalegal.eu

PROFESSIONALS AT HOME… WATCH OUT!

The lack of budget signed involves punishment.

Any professional who serves at the customer’s home is required to issue a written budget which must be signed by the customer.

Worst of all is that the breach of this obligation shall incur penalty.

Painters, electricians, masons, plumbers …

Which it means that painters, electricians, masons, plumbers … or any other professional performing work or providing services in the client’s home, must issue written estimate and request the customer’s signature.

This obligation is imperative even if the customer does not ask for it, because of the regional regulations on the business of providing professional services in consumers’ homes.

Punishment

The penalties depends on how the offense qualifies this that, minor, serious and very serious depending on various criteria such as health risk, amount of profit earned, recidivism …

Thus, sanctions can be quantified according to the following ratios:
a) For minor offenses, the penalty can be up to € 3,005.06.
b) For serious offenses, the penalty will be between € 3,005.07 and € 15,025.30.
c) For very serious offenses, the penalty will be between € 15,025.31 and € 601,012.10.

DEALING WITH MY USED VEHICLE…

If you have recently bought an used vehicle and it is not working correctly, please keep reading, this article is interesting to you.

We are talking about vehicles that have hidden defects, which if we had known them we wouldn’t have bought it or we would have paid a lower price.

Choices

The buyer has different choices:

– Desisting the contract, forcing the seller to return us the full price and we will give him the vehicle
– Obtaining a discount from the price equivalent to the damages caused, being the seller who has to pay that amount.
– Forcing the seller to repair the vehicle, if the repair is still possible.

Terms

We need to know that applicable regulations has some periods of time within the buyer has to claim against the seller.

The period of time depends on who was the seller:
– If the seller is a Company: The general term to claim is 2 years from the delivery of the vehicle.
– If the seller is an Individual Person: The general term to claim is 2 years months from the delivery of the vehicle.

SGA Legal y el CTCR firman un convenio para garantizar los trámites jurídicos de las empresas exportadoras de calzado

Las empresas asociadas, con vocación exportadora, tendrán a su disposición, un nuevo servicio de asesoramiento jurídico, personalizado a sus necesidades y especializado, principalmente, en materia de internacionalización, que les atenderá en el CTCR tras solicitud de cita previa

El Centro Tecnológico del Calzado de La Rioja, CTCR, y nuestro despacho jurídico SGA Legal han suscrito un convenio de colaboración que tiene por objeto ofrecer entre sus socios un nuevo servicio de asesoramiento presencial sobre servicios del ámbito internacional. En concreto, las empresas que pertenezcan al CTCR-AICCOR dispondrán de un profesional de la abogacía que les atenderá sobre consultas genéricas en relación a: supervisión y redacción de documentos y contratos internacionales (compraventa internacional, distribución, agencia, transporte, etc.), asesoramiento en medios de pago internacionales o en la elección del Término de Comercio Internacional apropiado (Incorterm), así como en la resolución de conflictos, consultas, telefónicas y presenciales.

Asimismo, los interesados podrán, incluso, solicitar apoyo para el desarrollo de acciones encaminadas a la conexión con otros despachos de abogados fuera del país. El acuerdo tendrá vigencia de un año, durante el cual, los miembros del CTCR-Aiccor podrán beneficiarse del servicio gratuito, para consultas de tipo genérico, mientras que tendrán un descuento del 20%, sobre los honorarios que legalmente correspondan, para consultas de mayor entidad o encargo de asuntos específicos.