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Trading in Spain

Trading in Spain is subject to Spanish laws.

We can provide you with advice about Commercial Distribution Agreements and Commercial Agency matters, and recommend which jurisdiction, English or Spanish, would be best to govern your contracts, bearing in mind your commercial aims.

Laws governing Commercial Agencies in Spain can be very protective of the Agent’s interests, which could result in the Agent becoming entitled to receive compensation from you when your Commercial Agency Agreement comes to an end. Commercial Distribution Agreements can also have more effects than anticipated, as they could negatively affect your competition rights in some territories where you company would like to trade. Thorough consideration of the particular circumstances of your business, and negotiating on a professional basis with your Spanish collaborator, we can make sure that you retain a protected position during your commercial partnership.

We can help you draft contracts that avoid any dispute with the other party.  However, sometimes disputes cannot be avoided, and if you need to use any Spanish litigation process we will be able to advise and set the process in motion. 

If you are trading with a Spanish company or individual under a contract that is governed by English law, but all of their assets are in Spain, we can recommend how best to recover any money owing to you, and advise on how to take enforcement measures in Spain following a favourable UK judgment.  We can work in conjunction with our Dispute Resolution department to try to achieve the best possible result for you.

Our team can also provide you with guidance that could help you to be in the best possible position when a Spanish company that you have been trading with looks like it will become insolvent.

We can provide your company with full advice about commercial purchase contracts, Incoterms clauses, credit risk insurance, obtaining administrative licences for the distribution of certain products in Spain, freight contracts, international bank contracts, letters of credit, etc.

As Spain is a Member State of the European Union, the rules governing and protecting the free market of the EU fully apply in Spain. We can help your company with any issue related to the Custom Union and free movements of goods, freedom of movement for workers and social policy, free movement of capital, Industrial Policy and internal market and Competition policies within the European Union. 

Please contact us to find out how we can help you and your business.

Contact
spanishgroup@hcsolicitors.co.uk