At Mariscal & Abogados, we help our clients to develop their finance and fintech projects in Spain.
Our approach to problem-solving is collaborative, as we work closely with borrowers, lenders, and buyers/sellers to find the best possible outcome. We serve diverse clients, including funds, real estate investment trusts, banks, corporate groups, infrastructure and energy funds, and asset management platforms for financing and fintech projects in Spain.
Setting up a fintech company in Spain (payment/e-money institution, consumer credit, credit or insurance intermediary, or cryptocurrency company) requires a thorough understanding of the Spanish legal and regulatory framework.
We provide legal advice regarding:
- Company formation, including the preparation of the articles of incorporation, registering the company with the relevant authorities and obtaining any necessary licenses or permits
- Regulatory compliance before the Bank of Spain and the National Securities Market Commission (CNMV), including anti-money laundering (AML) and counter-terrorist financing (CTF), data protection, consumer protection, and financial services regulations
- Contract review and drafting related to the establishment and operation of the finance or fintech company, including employment, service, and partnership agreements.
- Intellectual property protection, including trademark registration
ACQUISITION AND ASSET FINANCING, FINANCIAL AGREEMENTS
Our services include:
- Due diligence of the target company, including a review of financial statements, contracts, and other legal documents.
- Financing structuring for shares or assets acquisition, including term sheet preparation, loan agreements, and security documentation
- Preparation of sale and purchase agreements
- Regulatory compliance with relevant Spanish laws and regulations
- Litigation support: in case of disputes
- Negotiating, formalizing, and executing financial contracts (loans, lines of credit with collateral, consumer credit, leasing agreements, financial leases, etc.)
- Designing and preparing debt acknowledgements, non-recourse debt, assignments of debt or payment, or bank guarantees
- We have extensive experience in ship financing and establishing funding schemes in the maritime sector (finance leases and naval mortgages).
We provide legal support for project financing, including project structuring, contract negotiation, due diligence analysis, regulatory compliance, and litigation support.
REAL ESTATE FINANCE
Mariscal & Abogados provides comprehensive legal services related to real estate finance, including:
- Design and execution of financing structures for real estate projects, including project finance, securitization, and sale and leaseback agreements
- Due diligence of real estate projects, including examination of title and environmental compliance
- Preparation of loan agreements, including term sheets, credit agreements, and security documentation
- Securitization of real estate assets, including preparing offering memoranda and negotiating underwriting agreements.
- Regulatory compliance, including securities laws and banking regulations.
- Litigation support, including negotiating settlements and representing clients in arbitration or court proceedings.