Which are the Compliance Officers?
What are they? How important is it in companies?
They are those people in charge of the protection and prevention of internal rules and the possible commission of crimes that is to say, they have a fundamental role inside the companies and for a correct functioning of the same ones.
Currently, some of these practices are among those mentioned because in some cases they can invade people’s privacy, as is the case with the analysis of personal e-mails.
But after the sentence 489/2018, of October 23, 2018, has established some criteria according to which this possible illegitimate interference is no longer such, recognizes the interest of the employer in avoiding or discovering unfair or illicit conduct of the worker, arrived from European jurisprudence in the sentences Barbulescu against Romania, known as I and II, since the case was appealed for not having given him the reason in the first instance.
On the one hand, it recognises the employer’s interest in preventing or discovering unfair or unlawful conduct on the part of the employee and on the other hand, it also establishes that such information cannot be accessed without the employee’s consent or not only the consent but also the employee’s awareness that he or she may be the subject of such an analysis.
In Llorente & Rayón we have a team of expert professionals to advise companies in the implementation of compliance systems achieving an integrated management and maintenance of systems adapted to the deployment of multiple international standards. Ask for an appointment with us and we will study your project to offer you the best options from the current legislation.Seguir leyendo
The Reverse Mortgage
The reverse mortgage is a type loan where a financial institution grants certain amounts to a client, either monthly or at the time of constituting the mortgage, equivalent to the value of your home and that at the time of death must either pay the remaining amounts and the house will become the property of the bank or return the amounts paid to date and remain heirs.
What are the requirements? Can it be cancelled?
The requirements are: that the person hiring is over 65 years of age, that he is his habitual residence, that he resides within the national territory, that the dwelling object of the mortgage has no burden, that the dwelling is owned by him and that there are heirs who take charge of the debt.
Who owns the house?
You are still the owner of the house, you could even rent it.
Is the customer obliged to return the quantities?
In this type of mortgage loan, the client does not have to return the amounts that the financial entity lends him, it will be the heirs in case they want to continue being owners of the house the ones that will have to pay the amounts lent to date, otherwise they will not have to pay any amount, with the consequence of losing the house.
Do you need to complete your retirement? Do you need to obtain more profitability without having to pay anything? In Llorente & Rayon we advise you on this type of mortgage, so you can get higher returns and continue to own your home.
Inside the types of testament that allows our classification one of the common mas is the so called holograph testament.
Of what does it consist?
The holograph testament is that one that it grants the testator, that is to say, needs neither notary, nor notary, to raise it to public writing, simply that demonstrates in a paper his last will.
In spite of the simplicity of this type of estates the law if it is required some requirements in order that it is valid, for example, that the testament is written by the testator, not neither by a third party nor relative, also demands that it dates the document with year, month and day in the one that grants it, it is required the adult age to grant it.
Other characteristics are that it is not necessary to take it neither to the record or which another person guards, he can be the own testator the one that guards it or also it can entrust to a third party that he it guards, in addition this type of testament also allows the foreigners who like that want to write it in his language, without it is going to harm his efficiency.
How much time has of validity?
At the maximum it must appear five years after the death of the testator and take it before the notary in order that it could take minutes.
From Llorente & Rayon in any doubt that you could arise on this topic and help you in all the steps.
Tips of marriage regimes
Before an impending marriage separation or divorce we must know that goods are ours or since the goods or the common obligations are going to be distributed. What is me? Have I some right to receive certain quantities that I gave him?
We must know what matrimonial regime we us had. In our country three rate exist: joint property, separation of goods and participation.
The first one is the most common in our country, can be that the spouses grant or that in fault of agreement is the one that governs the marriage, this is, in case of not having signed matrimonial capitulations or having agreed on another thing, at first our marriage will be ruled by joint property, except in some autonomous communities where in absence of agreement it will govern the regime of separation of goods. The characteristic of this economic regime is that there become common the earnings of both spouses, the acquired with profit money forms a part of the company of joint property and that therefore will be distributed once produces the separation to himself to the half between both.
The second one to which we refer is the separation of goods. This regime consists of the separation of the heritage of every spouse, this wants to say that of the debts contracted by a spouse it answers the individual heritage of each one, though they could have common debts to both. We must know that this regime grants itself only for capitulations signed by the spouses, or since we have said in some communities in case he should not remember at all.
The last regime is that of participation, which is a regime of mixed character, that is to say, intermediately between the regime of separation of goods and that of joint property, which allows to both spouses to keep his respective heritage separated and only in the moment of liquidation what it obtains every spouse is what they have gained between both reduced of the debts.
The professional in charge of orienting you must have extensive experience in the area of family law, as well as having the necessary knowledge to know how to act in each case.
The law firm Llorente & Rayón offers its representation services in all matters related to Family Law, with extensive experience and knowledge in this legal area, call us and request an appointment.Seguir leyendo
What is it necessary to bear inheritance in mind?
Not always we can how to distribute our goods between the inheritors, know how to realize this operation of an efficient and simple way it is something fundamental. From Llorente & Rayon we help him in order that it could organize his testament or for any claim of inheritance.
What is it necessary to bear inheritance in mind?
The first thing that we must know is that when we realize the testament there are certain parts which one cannot have freely, the legitimate ones or also so called necessary inheritors compose it: 1. ° The children and descendants I concern of his parents and ascendancies. 2. ° For lack of the previous ones, the parents and ascendancies I concern of his children and descendants. 3. ° The widower or widow in the form and measure that establishes this Code.
There corresponds to these inheritors as minimum a third of the inheritance, which it can increase in another third more with the third of improvement and finally we have that of free disposition where we can have freely to administer it without any limitation.
Since we see it is a complex step, not only to organize the testament but to know that well versed are prepared to the succession and as being able to claim it.
From Llorente & Rayon in any doubt that him could arise on this topic and help him in all the steps of claim.
Rights granted by patents
Rights granted by patents
A patent are exclusive rights granted by the State to the inventor of a product or technology, which will allow you to use and exploit your invention and prevent third parties from using it without your consent.
It is important to patent the inventions made since this means that it has a guaranteed protection to not be produced, used or distributed by any person who would like to perform those actions without the consent of the inventor.
The person can exploit the product, as well as sell it or authorize it to be used by another licensed person or company.
In the event that you decide to sale an invention without being patented it will be very difficult to find a buyer interested in acquiring an item that does not have the necessary guarantee. Hence the importance of patenting the product: anyone can’t use it without the consent of the inventor, regardless of the purpose pursued by that person.
Patent licenses, on the other hand, allow the inventor to authorize their use by the licensee in return for a fee, and unlike if a sale had been made, with the license the inventor does not lose his status as patent holder.
In Llorente & Rayón Abogados we help you to be able to commercialize your invention through a patent license agreement, we also guide you in each step, since you make the decision to patent an invention, as well as if you decide to license or put it on sale, until the end of the process.
Lawyers specialized in banking issues
The importance to have a lawyer specialized in banking issues
When any scenario where you should make a legal claim arises, it is very important to seek the support of expert professionals in the area to guide you to get ahead with this situation.
There are circumstances related to this area, such as the floor clause, bad banking practices, preferred shares, as well as claims against financial advisory companies, among other scenarios.
The floor clause or mortgage land was present in the mortgage contracts, indicating the minimum interest rate that will be applied during the period of the mortgage payment, regardless of whether the Euribor decreases. This means that even though interest rates fall, this clause does not allow it to fall more than what has been indicated in the contract.
The advisable thing for this, and other cases, is that the person looks for experts to accompany him in each step of the process to obtain the victory: that perform specialized services in the claim of complex banking and financial issues.
That is why the choice of your representative is key to achieve success in legal processes, because this person is who will look after you, therefore they must know this area of law thoroughly, as well as have experience.
In Llorente & Rayón we have lawyers and economists specialized in claims for floor clauses, mortgage constitution expenses, preferred shares, Bankia shares, Banco Santander values and other complex financial products.
Importance of the applicable law clause in an international contract
The applicable law clause is the section in an international contract which indicates the law that will govern said agreement, in case of breach or disagreement between the parties.
It is very important to define the applicable law from the moment in which the negotiations of the pact are being carried out, but in many cases it is usually forgotten.
Its relevance comes mainly from the fact that the increase or not in the costs for the legal process depends on it. Also, it defines if there has been a breach in some aspect of the contract or if the party will be entitled to receive compensation, among other issues.
For the election of this one you have the option of the law of a part (in our case, the Spanish law), the law of the counterpart or that of a third State.
When it comes to selecting the legislation, the relevant aspects must be considered, depending on the type of contract, in order to weigh the law of which nation is best.
To illustrate better, in the case of a distribution agreement, there are nations that protect the distributor, such is the case of Portugal and Germany. In turn, countries such as Italy, France and the United Kingdom back the main one.
It should also be said that when the international contract is executed between two nations of the European Union, it is guided by the Rome I Regulation, which indicates that in the absence of this clause the contract is governed by the legislation of the country with the closest link, for example in the case of sale is the country where the seller has his habitual residence.
We hope that this information has been very useful, any necessary clarification regarding this and other topics do not hesitate to contact us.
What do you know about e-commerce?
Electronic commerce or e-commerce is a way of sale of products or services by using electronic means, such as the Internet; that is, trade online.
This way has advantages with respect to the traditional commerce, being able to emphasize the following ones:
– There are no geographical barriers.
– Content is available 24/7.
– The client is more likely to find a product at a lower cost, due to the opportunity to surf the Internet. You can also purchase the product from the comfort of your home or work.
Next we will explain its classification:
– E-commerce B2B: This is the abbreviation of business to business. It is the way where commercial relations are made between companies that work by using e-commerce. This does not involve consumers.
– E-commerce B2C: Diminutive of business to consumer. This is the most common way, where a company has its merchandise displayed, for example an online store, and those interested acquire the products or services they offer.
– E-commerce B2E: Is the abbreviation for business to employee. It refers to the offers that the business publishes for its workers to encourage work performance.
– E-commerce C2C: This one is consumer to consumer. This type refers to people who do not own a business, but in a specific circumstance they sell a product or service.
– E-commerce G2C: It is the diminutive of government to consumer. In this case, the State allows citizens to carry out procedures online through a web portal.
The e-commerce increasingly becomes more important, for the year 2017 it increased by 20% its use worldwide compared to the previous year.
This is why it is essential to develop the necessary forms to use e-commerce in a correct way, as well as take advantage of the resources that this option offers to boost your business.
In Llorente & Rayón we have experts in the area who will help you in every step, from how to start your online store, to how to boost it, through e-commerce. We are here to help you with any questions that may arise in this regard.
Claims against Insurers
It is common that, as a result of some incident, conflicts arise between insured and the insurance carrier by differing the opinions of one and the other.
What are the ways to claim insurers?
Insurance broker and, failing that, insurer
The first of the steps is to expose the problem to the insurer so that one lend a solution to the client. For this you must go to the figure with whom you hired. If insurance has not been contracted through the insurance broker, you should contact the insurer directly.
Defender of the Insured or Customer Service
A complaint must be made in writing before the Defender of the Insured or Customer Service. Said writing must be sent by certified mail with acknowledgment of receipt, burofax, or any other useful means to verify its presentation.
If, within a period of two months, you do not receive a response or you cannot reach an agreement, you have the possibility of going to the Directorate General of Insurance, to the Claims Services department, which will settle in 6 months. It is worth mentioning that the decision of this body is not binding, so the insurer is not obliged to comply with it.
Consumer Association, where they can offer us information about the options we have available.
Arbitration, it is an extrajudicial route for the resolution of conflicts that may have arisen between insured and insurer. Arbitration offers several advantages such as greater speed, lower cost and greater efficiency. Therefore it is a recommended and favorable option for the insured. In this case, the insured must submit the request for arbitration to: consumer information offices of the corresponding Community, consumer associations, or personally before the Regional Consumer Arbitration Board.
Judicial: In the event that none of the aforementioned routes end the conflict, it may be brought before the courts for resolution.
What are the most frequent claims to insurance companies?
Liability insurance for car accident
Liability insurance for medical malpractice
We hope this has been helpful and if you need more information about it, call us and we will answer your questions.