In this article, we will explain the process and remind you that attolón can assist you in obtaining the authorization or registering your institution. We have the best lawyers in the industry and can tailor a team to guide you through the entire process.

Who Should Apply for Payment Institution Authorization?

Payment institutions providing professional services in Spain are required to apply for authorization from the Bank of Spain. These institutions are regulated by RD 19/2018, dated November 23, and offer services such as:

  1. Cash deposit into a payment account and its management.
  2. Cash withdrawal from a payment account.
  3. Execution of payment transactions through payment accounts, including fund transfers, direct debits, card payments, etc.
  4. Execution of payment transactions when funds are covered by a credit line, including the aforementioned operations.
  5. Issuance of payment instruments or acquisition of payment transactions.
  6. Money remittance.
  7. Payment initiation services.
  8. Account information services.

The Bank of Spain is responsible for authorizing the establishment of these payment institutions. To do so, they will gather a report from the Executive Service of the Anti-Money Laundering and Monetary Offenses Prevention Commission.

Exceptions and Specifics RD 19/2018 allows other providers, such as credit institutions, to offer payment services. It also allows certain entities to undergo only the registration procedure.

These include aggregators that solely provide account information services and entities whose average total value of payment transactions executed in the preceding 12 months does not exceed three million euros.

In these cases, it is not necessary to go through the authorization process. However, the registration procedure, including verification of requirements, is still required in the corresponding central registry.

There are also specific operations that can be subject to registration only. For example, the provision of services based on limited payment instruments, cash withdrawals from ATMs, or purchases of digital content.

Given the current regime of exemptions and specifics, it is highly recommended to consult with a specialized lawyer in payment services for each specific case. This ensures that the institution understands the applicable system and has the best legal coverage.

Authorization for Opening Branches and Provision of Services by Community Institutions

It is important to note that the authorization regime for opening branches and free provision of services, when it concerns payment institutions recognized in other EU member states, is relatively lenient. In such cases, a communication from the supervisory authority of the home member state is required.

The opening of branches only requires registration in the Commercial Registry and the Special Registry of the Bank of Spain. However, to initiate the free provision of services, the Bank of Spain must receive the aforementioned communication.

How to Submit the Authorization Application

As mentioned earlier, the first step in applying for authorization as a payment institution with the Bank of Spain is to analyze the applicable regime for the institution. In general terms, we can differentiate between general payment institutions and those with low business volume. However, it is advisable to consult with a specialized lawyer beforehand.

Registration of Payment Institutions with Low Business Volume

This category includes individuals and legal entities that wish to provide payment services other than payment initiation and account information services. Additionally, their transaction volume must not exceed three million euros per month, and they must not operate abroad.

Given these limitations, payment institutions can opt for a simplified registration procedure. They need to complete the forms provided by the Bank of Spain and submit the corresponding documentation.

Do you need to find a startup lawyer? Barcelona, one of Spain's most promising cities for entrepreneurship, boasts an increasing number of law firms specializing in the startup sector. However, finding the right professional for your project can be a challenge. The success of your startup often relies on the skills and expertise of the lawyer or firm you choose. Furthermore, startups experience varying cash flow throughout their stages, making it crucial to have lawyers who can provide flexible and scalable services tailored to each phase of your project.

The Rise of Startup Lawyers in Barcelona

Barcelona has long been a hub of innovation in Spain, and it continues to pioneer entrepreneurship today. The city is witnessing a surge in specialized offices dedicated to startups.

Many legal professionals in Barcelona have recognized this potential and chosen to specialize in the startup sector. These lawyers, offices, law firms, and boutiques are dedicated to assisting entrepreneurs in raising funds, legally protecting their projects, and navigating startup mergers and acquisitions.

Raising Funds for Startups in Barcelona

Barcelona has captured the attention of both national and international business angels, leading to numerous financing deals being closed daily. Startups in the city often secure funds through venture capital, initial coin offerings (ICOs), and collective projects such as crowdfunding or crowdlending. However, to capitalize on these funding opportunities, it is crucial to have a thorough understanding of Spain's investment cycles, regulatory frameworks, and strategies to prevent social control dilution.

To navigate the complexities of capitalization, startups in Barcelona require the guidance of lawyers who possess expertise not only in law but also in financing rounds.

The Legal Protection of Startups

Unlike traditional companies, startups employ various incentives to motivate key employees, reward their loyalty, and retain control in the face of new investors. Thus, providing appropriate legal structures at each stage of a startup's growth is only part of the equation. It is equally essential to protect partner relationships, intangible assets, and internal power dynamics within the company.

Designing the legal framework for a startup necessitates specialized knowledge in commercial law as well as an understanding of startup operations. A reputable law firm should offer flexible and scalable solutions tailored to the unique needs of startups.

Mergers and Acquisitions

During the exit phase, most startup founders seek to maximize their investment and generate profits. This may involve introducing the company to listed markets or selling the project to other companies for substantial returns. However, mergers and acquisitions transactions are intricate processes. They require conducting due diligence, which, in turn, demands comprehensive knowledge of the sector, competitors, and market opportunities.

When hiring a startup lawyer in Barcelona, it is crucial to assess their experience not only in financing and corporate structuring but also in sales and market entry, including the BME Growth and direct stock market involvement.

If you need assistance in finding a reputable startup law firm in Barcelona, simply fill out our form.

Before you can open a branch of your company or a subsidiary in Spain, you need to decide what legal form your business will take. There are several options available to foreign businesses, each with its own advantages and disadvantages.

In this article, we will outline some of the key legal considerations you need to be aware of before opening a branch of your company in this country. However, we strongly advise you seek professional counselling before doing it.

Are branch and subsidiary the same thing?

First of all, we have to make this clear: no, a branch and a subsidiary company are not the same. It is true that both of them are ways of setting up your business in Spain, but they are very distinct. Both, legally and logistically speaking. So, we will see the differences and try to find the perfect option for your case.

Setting up a branch in Spain

The branch office is a dependent establishment of you existing company, know as “parent company”. So, it will be a permanent installation with limited autonomy in the Spanish territory dependent from the main company. This means that the branch is not a legal entity itself and cannot take its own decisions. The parent company is always going to be responsible for everything and the branch do not have company responsibilities in Spain. So, this option does not have limited liability protection, but it is the easiest and cheapest way of establishing your business in this country.

How to open a branch in Spain

The process starts in your company’s board of directors. You need to take the decision there and writing an authorization to open a branch in Spain. You will also need to name a representative, giving that person the authority through a power of attorney to make the constitution procedure.

The branch owner will need an identification number. After getting one, opening a bank account in Spain is needed. Once that is done, the next step is signing the public deed before the notary. All the documents required must be deposited at the Mercantile Registry. And, once you are given the Tax Identification Number (NIF), you have to register the company in the business census and notify the city hall.

Opening a subsidiary company in Spain

This is the other main option you have to set up your business in Spain: establishing a subsidiary. This is a separate legal entity from your company abroad. This means it has all the company responsibilities required in Spain. But, this also means it has limited liability protection, so your personal assets will not be at risk. Nor the main company assets.

So, the subsidiary is owned by your foreign company, but it is a separate legal entity with limited liability. 

How to open a subsidiary in Spain?

Opening a subsidiary in Spain is not complicated, specially if you have the ideal lawyers by your side.

You will need to obtain a certification of your proposed company’s name from the Mercantile Register (it will prove the name is not already taken in the country). You also need to apply for an identification number and open a bank account in Spain. You will have to deposit a minimum of 3.000 euros as the initial capital for the subsidiary.

You will have to sign a declaration you are not laundering money or financing terrorism, execute a public deed of the constitution of the subsidiary before the notary and register the company in the Commercial Registry.

Before all of this, you will also have to write the company bylaws in accordance with the Spanish Law. And there are other forms you may need to fill in order to make your subsidiary a reality, depending on the case.

Which one is better: branch or subsidiary?

The answer for this question is: it depends on the specific case. As we said before, both options have advantages and disadvantages. You should take all of them into account and make a decision helped by your lawyer.

If the business is going to be really dependent on the parent company, it may be better to create a branch. Easier to control everything from the main company and cheaper to have, without any initial capital needed. 

However, if you need a more autonomous office with liability responsibility, a subsidiary is the way to go. And it may have other additional benefits from operating as a company with legal status in the country.

How can we help you?

We have the lawyers that have the answer of the question above. Which is the best option for your company? A branch or a subsidiary? We will study your case and give you the best advise for you to have a good experience expanding your company to Spain. We will make the process really easy, taking every step you need to settle you company in our country. Do not hesitate to contact us to make your Spanish branch or subsidiary a reality!

The implementation of whistle-blowing channels or report channels is a crucial step towards transparency and accountability in organizations. The channels allow employees to report any circumstance without fear. The creation of the channels also provide a process for investigation and addressing the issue.

The whistle-blowing channel can help to detect the wrongdoing before it escalates to a larger problem. It also creates a space where employees feel they can be heard. Everything benefits the organization and the people working in it.

In February 2023, in Spain, it has been published a new act regulating the protection of people who report on regulatory violations and fighting corruption. This new law gives a wider context and new obligations for the companies.

Who is obligated to have a whistle-blowing channel?

Every single entity in the Public Sector has to have an internal information system.

In the case of the private sector, every company with more than 49 workers will need one too. If the company works in matters of financial services, products and markets, prevention of money laundering or terrorist financing, transport safety and environmental protection will need a whistle-blowing channel as its specifics laws say, no matter how many employees it has.

Can organizations share a whistle-blowing channel?

The private legal entities with between 50 and 249 employees will be allowed to share their intern information system and the resources thought for managing and communications if they are willing to. They can do it by themselves or they can ask an external actor to do so, respecting in any case the guarantees provided for in this law.

When is mandatory to have the whistle-blowing channel?

The companies will have a deadline of three months to adapt their systems to the new regulation and proceed to its implementation. So, they have to be implemented by June 13th , 2023. The companies with less than 50 workers have a special deadline. They will have to have the channel implemented by December, 1st.

Which are the requirements for the Internal Information Systems?

There are several requirements asked by law for the Internal Information Systems. Here there are some:

Adding to all this, we have to remember the Internal Information System has to be designed, established and managed in a secure way, guaranteeing confidentiality. Likewise, it has to be independent.

What happens if not?

The law specifies several infractions and sanctions which can reach up to one million euros in cases of non-compliance with the provisions said above. It also authorizes the creation of the Independent Informant Protection Authority. This is an independent administrative authority that will process sanctioning procedures.

Not meeting the obligation of having an Internal Information System is a “very severe” infraction by the law. So it could mean the highest sanction.

How can we help you?

We are a technological platform for legal services with top-level lawyers. We are aware of all requirements of the new law and we are ready to help you keep up with the deadline, taking care of everything your company need to get done before June. We will develop the protocol in accordance with the new regulations and we can also do a training for the system manager and other employees. If you prefer, we can keep the Information System as external managers for you.

The law requires the managing of the system has the adequate guarantees of independence, confidentiality, data protection and secrecy of communications, and we can guarantee you will have that.

The implementation of whistle-blowing channels is not just a legal requirement, but also an ethical responsibility of companies and organizations. You will realised that this new tool will help you have a better company health, between employees and also related with the functioning of the business itself. So, you have the opportunity to use a mandatory legal requirement to improve the productive and effectiveness of your business. Do not hesitate to contact us so we can help you make that a reality.

 

Are you considering creating a business in Spain? Spain is a demanded territory for investors because of its market and the current acts that have been past in the last year facilitating the creation of new companies. The good weather and the lifestyle are also alluring.

The process of setting up a business in Spain is not complicated, but it has to follow every step needed before each public authority with the documentation required in the exact time limit. In order to get your business created without any surprise you should rely on professionals in this area.

In this article, we will tell you everything you need to know about getting a business started in Spain as a foreigner, but you would need to contact us so we can help you doing it right.

Who is entitled to start a business in Spain?

Almost anybody can start a business in this country. There is no difference whether you are a foreigner or a local citizen. Nonetheless, it is true you are required to be a legal resident in the country and we allow to work here.

If you are part of the European Union (or other countries with the same rights in Spain), you can get a NIE (foreigner identification number) and you are already entitle to work and live in Spain. So you can start your own business too.

If you are not from the European Union, you have to ask for a visa. It can be a working visa or an entrepreneur visa.

Which kind of companies can I start?

You can create a brand new business here or you may extend your business opening a branch or a subsidiary here. There are many ways (with very different responsibilities) of doing so: you can work as a freelance or solo trader, create a limited liability company, a branch office or even a stock corporation. You have to find with your lawyer the perfect option for your situation.

How to start the company?

If you are becoming a freelancer or a solo trader is really easy: you get your identification number and ask to start the adventure. However, if you are creating a company is going to be more complicated. We will go step by step.

1. Getting a NIE (Foreigner Identification Number)

It is required by the Spanish laws to get this number. It is used to identify you and for paying taxes. You will need it to create the company.

2. Certificate of “no coincidence”

You have to ask if the name of the business is available in Spain. You need to get a certificate of “no coincidence”.

3. Writing the bylaws

You write the bylaws of the company paying attention to the Spanish laws and incorporating any requirement.

4. Opening a bank account

A Spanish bank account is mandatory. It is also needed a minimum of 3.000 € deposit for the creation of the company if it is a Limited Liability Company (SL) the one you are creating. If it is a branch of your current business abroad, you do not need to make any investment, but you do need the bank account anyway.

5. Constitution

With all the documents you already have, you will go to the Notary and sign the public deed of the constitution.

6. Register the company

The next steps have to do with registration of the company. You should do so in the Tax Agency, Social Security and the Commercial Registry. You will also get the final Tax Identification Number (CIF) for your company.

In Spain, you have the possibility of having a digital certificate. This will make any process easier, because you will be able to sign important papers from your own computer. It is recommended you get it as soon as you can.

Bear in mind that everything explained above does not come without a cost. You will need to pay several taxes for almost every step. It is true that they are not huge expenses, but you will need to be paying them at the same time you are filling all those documents and submitting them in the right time. The best option in order to not be bother with the administrative stuff, as well as being calm knowing that everything is in expert hands is hiring the lawyers that know you to do it.

We have English speaking lawyers specialised in Business Law and extensive experience setting up companies in Spain. We work in a flexible way and without any unnecessary costs. Our rates are close, so you will know from the fist day exactly how much it is going to be to start you know business here in Spain. We will help you with everything you need. You just need to let us know you we can do it!

 

Whenever you have concerns going on in a different country, language may be a barrier. Law can be complicated and intimidating, especially for those who do not speak the language. We are willing to make it easier for you and your needs in Spain. Helping people from other parts of the world is what brought us to have English speaking lawyers in Barcelona and Madrid to do the services you need in Spain.

Our offer of legal services in Spain is quite fresh: we find the best talent and use the latest technology. And we do so in a flexible way and without any unnecessary costs. So, you will find a professional that knows the Spanish law but speaks the same language as you do. This lawyer will be able to explain the legal terminology to you in a way that you will be able to understand. This can help you to make informed decisions about your case and ensure that you are taking the right steps to protect your legal rights.

When could you need our lawyers?

If you would like to move to Spain, bring your family or do anything business related, you will need legal advise and, most likely, a lawyer itself. Even if you have a misunderstanding when you are taking a walk through our streets, it is advisable to have someone to call. Someone that speaks a language you can speak too.

So, the best way to go is to find a lawyer that can be in charge of everything you need. This way, you will have all your time to settle in the country or do your business, without worrying about bureaucratic stuff. You can sign a power of attorney, so it will allow your lawyer to act in you name.

You will be able to relax and keep your mind where you need it while we will be taking care of your legal procedures.

The lawyer can help to ensure that all legal documents are translated properly, so that you can understand the full implications of what you are signing and making sure you understand everything at every step of any process.

In which areas can we help you?

Our strong point is not just what we do, but how we do it. We select the best lawyers for the matter you need. We do not bill by the hour, we charge with closed and transparent rates. And we work with flexibility and using the latest technology, offering digital services. So you can be properly advised from any part of the globe you are in.

For example, if you are moving to Spain or you are already living here, you will need a lawyer who can help you with the visa, residency and citizenship process. We will also advise you on the legal requirements for working and living in Spain too.

Buying a house may be the next step for you, so real estate law is another area in which an English-speaking lawyer can be highly beneficial. We can help you with the purchase or sale of a property. Family law is another area where our English-speaking lawyers can offer significant value. We can help with child custody arrangements, divorce proceedings and other legal issues related to family matters.

Business law is a crucial area for all business owners, regardless of whether they are based in Barcelona, Madrid or elsewhere in Spain. We will be counselling the setting up of your business in the country and anything else needed. And all these areas are always going to be linked to the tax law. We can help you understand the intricacies of Spanish tax law, including the different types of taxes, tax requirements for non-residents and tax compliance for businesses operating in Spain. We will guide you to avoid any penalties.

We are highly specialized in different types of industries such as Artificial Intelligence, Gaming, Startups, Entrepreneurs, Venture Capital and Alternative Markets. However, as we said before, we select the best lawyers for the task, so we will have the ideal professional for you.

Why should you chose our company?

Because we think our expertise and our language skills are exactly what you need. We have the balance of knowledge from the international world (and other countries realities) and we also have deep understand of the Spanish legal system.

So our aim having English speaking lawyers in Barcelona and Madrid is not only to eliminate cultural and linguistic barriers (making sure you are properly assisted), but also you have a lawyer that fully understand your case. Knowing more about the Law in other countries, makes easier the task of advising a person who has that background and it will be effortless for you to understand how the things work here, avoiding conflicts of laws (or having the tools to navigate through them).

So, we have proactive English speaking lawyers in Barcelona and in Madrid, that can find legal solutions for anything you need related with your legal process, but also we will provide valuable insight into the cultural nuances that may arise during the case. We make sure our services are based on clear communication, legal expertise and cultural understanding. Do not hesitate to contact us so we can help you with anything you need. We are ready to help you navigate the complexities of our system and ensure your legal rights are protected.

In today's business world, legal administration is essential for the success of any company. Business law firms require legal support to ensure that their clients' corporate affairs are in order. At our law firm, we offer corporate legal administration services that provide comprehensive solutions for business law firms. Our services include secretarial services for shareholder meetings and board of directors, corporate domiciliation, legalization of commercial books, and corporate agreements.

Secretarial Services for Shareholder Meetings and Board of Directors

Our legal administration services include secretarial services for shareholder meetings and board of directors. We provide support for companies to ensure that their meetings are conducted in accordance with legal requirements. Our team of legal professionals ensures that meeting minutes are accurately recorded, and all necessary documentation is filed.

Corporate Domiciliation

We provide corporate domiciliation services for businesses that need a legal address for their operations. Our services include the provision of a legal address, mail management, and the management of legal documentation.

Legalization of Commercial Books

Our legal administration services also include the legalization of commercial books. We ensure that all legal documentation, including accounting books, is correctly legalized and filed. Our team of legal
professionals ensures that all documentation is in compliance with legal requirements.

Corporate Agreements

Our legal administration services also include the drafting and review of corporate agreements. Our team of legal professionals ensures that all agreements are in compliance with legal requirements and that they protect the interests of our clients.

Our corporate legal administration services offer comprehensive solutions for business law firms. We provide secretarial services for shareholder meetings and board of directors, corporate domiciliation, legalization of commercial books, and corporate agreements. Our team of legal professionals ensures that all legal documentation is in compliance with legal requirements and that our clients' interests are protected. Contact us today to learn more about our services.

Attolón lanza su modelo de externalización de servicios legales (LPO)

Después de dos años desde el nacimiento de Attolón, la ALSP, amplía su oferta mediante la Externalización de Servicios Legales, (LPO, Legal Process Outsourcing), dando apoyo tanto a despachos de abogados como a empresas.

En una primera fase, Attolón se centrará en la llevanza de secretarías societarias, servicios fiduciarios, tax, protección de datos y blanqueo de capitales.

Carlos Guerrero, fundador de Attolón, considera que “ El uso intensivo de la tecnología y búsqueda de la eficiencia para ofrecer asesoramiento de una forma diferente a como acostumbran los despachos tradicionales, así como la propia demanda de nuestros clientes que buscan una solución como la que ahora proponemos con la categoría LPO, nos ha llevado a tomar la decisión de lanzar este nuevo modelo y complementar lo que hacemos hasta ahora”.

El modelo actual de Attolón se basa en prestar servicios legales a empresas y departamentos in house de empresas, bajo demanda por proyectos, a precio cerrado y costes controlados hasta un 40 % de ahorro en honorarios. 

Hasta la fecha Attolón ha conseguido hitos como el premio a la mejor startup legal del diario Expansión, la inclusión en el ranking de ALSP,s del prestigioso directorio Chambers, lanzamiento en Portugal, México y Chile, así como crear un equipo de 100 abogados de primer nivel.

The economy is every day more globalised and interdependent. The importance of the technological businesses and the remote work is obvious. Spain is adapting the law to the new reality and current market needs, so it already has a digital nomad visa.

The 22nd December 2022 was published the new law for start-ups in Spain. This law expects to attract entrepreneurs, investors and qualified workers. As well as digital nomads willing to work remotely from the territory. It can be in the mainland or in any of our islands, like the Balearic or the Canary Islands.

So, the digital nomad visa in Spain is already a fact. If you are a non European Union citizen, you can start the application whenever you would like to do so. If you are a European Union citizen, you can work remotely in Spain for up to six months without visa. After that, you just need to get a resident number as foreigner. You can ask as for any advise, but this visa is meant for non European cases.

If you would like to know more about this digital nomad visa in Spain, keep reading! We will summarize everything you need to know about this process in the next few paragraphs. If you have any question, do not hesitate to ask our team. We will be happy to assist you.

What is the digital nomad visa?

This digital nomad visa is a residence permit for non European Union citizens. This visa allows you to live and work remotely from Spain.

This means there is a new type of residence permit in the country. So, if you meet all the required criteria, you will find it easier than ever to live and work in Spain.

The law also talks about importance of eliminating existing gender gaps in this area.

How can you apply for this visa?

There are two different ways to apply for this new digital nomad visa:

- You can apply once you are already in Spain, while enjoying the three months tourist visa.

- Or you can start the application from the Spanish consulate in your country.

If you choose the first option, you will be allowed to live in Spain for 3 years. This permit can be renewed every 2 years. If you choose the second one, you will get a one year permit. You will be able to change it once you are here.

What are the main benefits from this visa?

One of the main benefit from this new visa is the agile process. It does not require the large amount of legal bureaucracy that was previously asked for. You will have an answer in just 20 working days. If you do not get an answer, administrative silence means yes. So you will get the visa anyway.

The tax regime is also really appealing. You will be benefited from tax reduction, because you will be only required to pay non-resident income tax rates, instead of regular residents tax rates.

You are also allowed to include your family members in the application. If you get the permit, they will as well.

If in the future you would like to get a permanent residency or even the Spanish citizenship, the time you are in the country with this visa counts.

This visa, like all the others, will allow you to freely move around the European Union.

What are the required criteria?

As we have already said, you need to be a non European Union citizen. And, as it sounds logic, you also need to be a digital nomad, in order to get this digital nomad visa.

- You need to be working remotely for a non-Spanish company or be a freelance with your legal base in other country and which clients are mainly not Spanish. You are allowed to get up to the 20% of your income from Spanish companies. Not more.

- You have to prove you have been working that way for, at least, one year.

- You must be able to support yourself financially. You will need to prove you have, at least, 25.000 € in your bank account.

- You will also need to prove experience and education.

- You cannot have any criminal records for the last five years.

- You must not have been prohibited entry to Spain.

Working remotely from anywhere as a digital nomad has been a reality for several years. However, nowadays we can notice that it is in the best interests of the countries to have a better visa for the people willing to establish themselves in their territory.

If you do not meet the requirements for applying for this digital nomad visa, you may take into account the other types of visa. If you meet the criteria, you may start the application. In any case, we are here to help you with the process and make living in Spain a reality for you.

En el sector legal, conocemos los secondments como períodos de tiempo durante los cuales un abogado presta servicios en otro despacho o integrado en el departamento jurídico de una empresa. Se trata de una figura habitualmente empleada para complementar la plantilla de la empresa o ampliar la experiencia del abogado, pero que poco a poco gana peso como forma de aportar valor tanto al despacho como al departamento jurídico de la empresa beneficiaria.

Desde la aparición de los ALSP, muchas empresas confían en esta figura para complementar su departamento legal o completar proyectos. De hecho, es una práctica empleada en attolón, que nos permite prestar servicios altamente especializados aportando grandes beneficios a nuestros clientes.

Uso tradicional de los secondments

Habitualmente se ha utilizado el secondment como un tipo de complemento a los recursos humanos, formación o incentivo.

Muchas veces se recurre a él a modo de intercambio. En este caso, un despacho cede a otro a una de sus figuras clave y viceversa. Como resultado, ambos conocen la práctica en el otro despacho, ampliando su horizonte y su conocimiento del sector. Así, es una práctica habitual en el establecimiento de alianzas estratégicas, especialmente a nivel internacional.

También es frecuente recurrir a secondments con los propios clientes del despacho. Básicamente se llega a un acuerdo, por medio del cual uno de los abogados se integra en el organigrama del cliente temporalmente para conocer mejor su día a día y los problemas y riesgos legales a los que se enfrenta.

Y otro escenario en que se recurre a esta herramienta es cuando se necesita complementar el departamento de recursos humanos de la compañía, generalmente por necesidades transitorias como la cobertura de vacantes con reserva del puesto de trabajo, incrementos temporales de la demanda o la necesidad de abordar un proyecto determinado o un imprevisto urgente. 

Ventajas de recurrir al secondment

Como se comprenderá, esta práctica tiene importantes ventajas.

  1. En primer lugar, el despacho conoce mejor la práctica de la organización en la que ha integrado a su abogado. Generalmente, esto aporta mayor conocimiento del cliente, lo que redunda en un mejor servicio. En el caso de secondments internacionales, el abogado adquiere la práctica jurídica del país de destino mediante el ejercicio real y cotidiano de la profesión.
  2. En segundo lugar, se trata de una práctica de incentivo y formación de empleados clave. Se aporta nuevas experiencias al profesional, que además aprovecha para incrementar sus áreas de práctica o profundizar en el conocimiento de nuevos sectores, prácticas o clientes.
  3. Por otro lado, el conocimiento mutuo de las organizaciones alcanzado mediante el intercambio profesional ayuda a estrechar lazos y a conocerse mejor. Lo que resulta clave tanto a nivel de fidelización de clientes como de establecimiento de alianzas estratégicas.

El uso del secondment en la actualidad

Recientemente, la figura del secondment ha sido objeto de una transformación. Uno de los factores clave han sido las sucesivas crisis económicas.

Así, muchas empresas y despachos profesionales han buscado técnicas que les permitieran incrementar su competitividad sin necesidad de incurrir en aumentos presupuestarios. Los secondments se han presentado como herramientas muy útiles a este respecto, porque:

Estas ventajas han llamado la atención de múltiples operadores económicos, y han conllevado la introducción natural de la figura en la cartera de servicios de los ALSP, el otro factor clave de la transformación del secondment.

La integración del secondee en los ALSP

Una de las claves de los ALSP es la búsqueda de modelos de colaboración y prestación de servicios ágiles, flexibles y que aporten un elevado valor añadido sin un gran impacto en la estructura de costes. En este sentido, resultan evidentes las ventajas que el secondee puede aportar a sus clientes.

Por ejemplo, desde attolón ofrecemos la posibilidad de configurar equipos legales a medida de las necesidades de nuestros clientes. En ocasiones, esto supone la creación de un equipo altamente especializado para hacer frente a un proyecto específico. Otras veces conlleva la integración de algunos de nuestros mejores profesionales en las empresas que nos necesitan.

Al ser un acuerdo de naturaleza temporal, cuando la empresa recurre al secondment no corre riesgos como la desactualización de su equipo legal o la obligación de mantener un departamento jurídico sobredimensionado cuando termina un proyecto crítico o si se retrae la demanda.

Paralelamente, nuestros abogados adquieren experiencia con pioneros y referentes del sector. Al trabajar día a día con estas empresas, conocen a la perfección sus necesidades legales y pueden anticiparse a ellas. Además, al estar acostumbrados a asesorar a compañías de primer nivel, aportan un valor añadido superior al que se obtendría de un despacho tradicional.

Contacto

Oficinas en Barcelona
Calle Travesera de Gracia, 30
Planta 3C
08021, Barcelona (España)

Oficinas en Madrid
P.º de la Castellana, 163,
28046, Madrid (España)
LATAM
info@attolonlaw.com
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