Commercial Law

Delyser Abogados > Commercial Law

Today's society is a network of commercial and mercantile relations. In that context, companies are a substantial part of our economic system. Their nature as dynamic entities entails the existence of challenges, conflicts, daily decisions and problems whose resolution requires specific knowledge of the subject.

The activity of Delyser Abogados in this area it begins with the initial advice in commercial operations, mercantile and corporate and continuous, in most cases, with regular and periodic monitoring of the social process through the advice of the governing bodies of business entities. Such planning actions, counseling and follow-up are carried out, forever, in close collaboration with the Departments of Tax and Fiscal Law and Labor Law and with the other Departments of the Firm that may be involved from the start or in the foreseeable short term.

For the above purposes, The Department of Mercantile and Corporate Law is in charge of carrying out the general corporate sphere ( SL, TO) and in relation to companies with special characteristics ( labor companies, investees, professionals, cooperatives, UTES, AIES,….), among other, the following actions:

  • Agreements between partners.
  • Resolution of conflicts between partners and in the governing bodies.
  • Capital increases and decreases.
  • Statutory modifications.
  • Stock sales, participations and other rights.
  • Mergers, splits, share / participation swaps, contributions from branches of activity.
  • Treasury stock operations and amortization of shares and social participations.
  • Business restructuring.
  • Advice on investment projects.
  • Dissolutions and liquidations.
  • Business crisis situations: contests.
  • General and strategic advice to the Administration body.
  • Requests before the Commercial Registrar or the judge (meeting call, Dissolution and liquidation, appointment of auditors, valuation of shares / participations…).

Two specialties related to this area of ​​commercial practice deserve special mention.. One of them is dedicated to family businesses. Our work consists, in addition to general corporate actions, in advising and preparing custom family protocols based on the dimensions and complexity of each company that, contemplating the personal aspects of its members, try to eliminate litigation, ensuring the success and future survival of these companies-

The second specialized area that deserves special review is that related to startups. The current development and the foreseeable future impact of this type of entrepreneurial entrepreneurship formula requires specific knowledge about previous agreements., letters of intent, contractual clauses between different types of partners ( tag along, drag along, vesting,..), incubators and accelerators, crowfounding…

Apart from the aforementioned actions, The Department of Commercial and Corporate Law also has extensive practical knowledge in the area of ​​Foundations and Associations of all kinds ( you publish, mixed public-private and private).Work in this area of ​​law includes the preparation of constituent documents, advising the Board of Trustees and the governing bodies of the associations, relations with the competent Protectorate and the Administration Departments linked in each case, reporting, projects and economic studies of endowment viability, the merger of entities, the development of collaboration agreements, sponsorships, scholarships, contests, ….

Likewise, the Mercantile Department, adviser, elaborate, mediates and / or arbitrates in conflicts related to any type of commercial or commercial contractual relationship (buy and sell, distribution, supply, transport, …) and especially in the areas of the franchise contract and trademark assignments or licenses. For these purposes, some of the members of the Department have the qualification of arbitrators from the Court of Arbitration of the Madrid Bar Association.

Equally, alone or in collaboration with the rest of the areas of the Firm, is responsible, among other, of the following areas and specialties:

  • Competition law.
  • Industrial and Intellectual Property.
  • Sports law.
  • Technology contracts.