Autor: Carla Cano

We are delighted to announce that Linklaters LLP has recently joined the Spanish Chamber of Commerce in the United Kingdom as our newest Patrons! We would like to take this opportunity to officially welcome them, and to thank them for joining our extensive network.

Linklaters is a leading global law firm, supporting and investing in the future of their clients wherever they do business. They combine legal expertise with a collaborative and innovative approach to help clients navigate constantly evolving markets and regulatory environments, pursuing opportunities and managing risk worldwide. 

They work with companies, financial institutions, funds and governments to execute the most significant deals and to resolve disputes arising across the world. They promise to provide not only their technical expertise, but exceptional client service – from every part of the firm. 

The company fields diverse and agile teams aligned to clients’ needs and creates an environment in which they can exceed expectations. They invest constantly in their systems, technology and working practices to ensure that they deliver the right results.

Established in 1838, Linklaters, a member of the Magic Circle, now relies on over 2,000 lawyers, with 31 offices expanding 21 countries across Europe, Africa, Asia Pacific, the Americas, and the Middle East.

The contact details of Linklaters are as follows: 

Mr. Miguel Verger

Calle Almagro, 40, Madrid
T: +34 91 399 6061

Website: https://www.linklaters.com/

Email: miguel.verger@linklaters.com

Welcome to our network, Linklaters!

 

 

El mercado de alternativas a la carne ha crecido de manera exponencial. Tras el inicio de la pandemia Covid-19, fueron muchas las personas que reflexionaron sobre el estilo de vida que llevaban y decidieron hacer un cambio, especialmente en relación a qué alimentos comían y cómo estos afectaban a su salud. 2020 ha sido un año decisivo para el mercado de proteínas sostenibles, ya que el sector ha atraído el doble de la inversión del año pasado en solo seis meses. Este compromiso demuestra que las empresas alimentarias están desarrollando la infraestructura y la innovación para beneficiarse de este cambio radical en la forma en que compramos y comemos y cómo este sector es de fundamental importancia a tener en cuenta para las empresas. Si está interesado en conocer más información sobre el mercado de sustitutos de la carne, no pierda la oportunidad de consultar nuestro nuevo Trade Tip.

 

Haz click aquí para ver el Trade Tip de este mes.

 

Para más información, no dude en ponerse en contacto con nuestro equipo enviando un correo electrónico a info@spanishchamber.co.uk y mencionando TradeTip noviembre 2021 como referencia.

 

BLOG POST WRITTEN BY SCORNIK GERSTEIN LLP.

 

Spain’s cabinet has announced a new draft housing bill whose main points are the following:

A) Caps on rent for landlords who own 10 or more properties.

This measure will affect in particular real estate companies and investment funds.

The Spanish government has not yet published the draft so details about the cap are not available at the moment.

B) Increase up to 150% on a local property tax known as Impuesto sobre Bienes Inmuebles (IBI) for empty properties whose landlord own four or more residential properties.

 

This measure does not apply to:

• Second homes
• Residential properties which are caught up in Court proceedings.

 

 

 

It is important to bear in mind that, the enforcement of these measures depends on the Spanish municipal authorities and rules, as they cannot be directly enforced by the national legislation.

 

In consequence, some regions governed by the political party called Partido Popular (PP) such as: Madrid, Andalusia or Murcia, have announced that they will not apply the said new rules over those regions.

 

The Spanish cabinet has estimated that its draft housing bill will be approved by the second half of 2022. If you want to be updated about this topic, send an email to london@scornik.com and you will receive the latest news.

 

Laura Gallego.

 

 

BLOG POST WRITTEN BY SCORNIK GERSTEIN LLP. 

On 6^th July 2021, the Spanish Government unveiled a draft bill, known as a Startup Law, with pro-start up rules as a part of the transformation plan aiming for Spain to become an Entrepreneurial Nation by 2030 creating and spearheading an innovative economic model.

 

WHAT IS AN STARTUP?

A start-up is understood as an innovative company in an early stage of development that bases its business activity on technology in order to grow faster and larger.  Pursuant to article 3 of the draft bill, in order to be eligible to enjoy the benefits provided for the new Spanish start up law, the company should meet the following requirements:

1. Be newly created or if not being newly created, with no more than 5 years elapsed since its incorporation, in general, or 7 years in the case of biotechnology, energy and industrial companies.
2. It has not arisen from a merger, spin-off, or transformation operation.
3. Have their registered office or permanent establishment in Spain.
4. 60% of the workforce must have an employment contract in Spain.
5. Be an innovative company.
6. Not distribute or have distributed dividends.
7. Not be listed on a regulated market or a multilateral trading system.

 

 

HOW WE KNOW THAT OUR START UP IS INNOVATIVE FOR THE PURPOSE OF THE NEW SPANISH LEGISLATION?

As we mentioned before, the new Spanish start-up law will apply to companies who meet the requirement of «being innovative», among others, but how we can conclude whether a start-up is innovative for the new Spanish start up rules propose?

Pursuant article 4 of the said law, entrepreneurs must contact ENISA (Empresa Nacional de Innovación SME S.A.) [1] which is a state-owned company who will assess whether or not the start-up is innovative for this purpose.

 

 

WHICH ARE THE MAIN BENEFITS PROVIDED BY THE NEW SPANISH STARTUP LAW?

The tax rate for start-ups in corporate income tax and non-resident income tax (IRNR) is dropped, from the general rate of 25% to 15%.

Also, with the aim of promoting investment, the new rules raise the maximum deduction base for investment in start-up companies from 60,000 to 100,000 euros per year. In addition, the deduction rate increase from 30% to 40%.

Moreover, this new law envisages the possibility for start-ups to request a deferral of the tax due on corporate tax for a period of 12 months.

On the other hand, in order to make simple the bureaucratic process, non-resident investors are no longer required to obtain a foreigner’s identification number (NIE) and they only will need to obtain a tax identification number (NIF).

 

 

THE SPAIN’S ENTREPRENEURIAL NATION STRATEGY

With the aim of becoming the number one country in Europe for investment in innovative entrepreneurship, the Spanish Government has announced the implementation of 50 measures to provide support on the innovative entrepreneurial field. These measures include and are not limited to the following:

Connected Industry 4.0 project, which has the objective of providing a strategy to support companies in their digital transformation [2].

The Spanish National Department of Traffic (Dirección General de Tráfico)  leads the project Plataforma de vehículo conectado 3.0 [3] where the Spanish Government proposes the increased of new technologies, automation, big data and 5G to improve the vehicles’ connectivity.

Also, the Spanish Government has approved an Integrated National Energy and Climate Plan [4] 2021-2030 where promotes energy efficiency and renewable energy.  Also, encourages to consumers to become active players in the energy transition.

In addition, Spain will launch the National Entrepreneurship Office to coordinate and organise support services for entrepreneurship in collaboration with public and private agents.

Spain will use its Next Generation EU subsidy which is approximately €1.5 billion to put these ideas into action.

 

 

WHEN WILL BE POSSIBLE ACCESS TO THE BENEFITS PROVIDED BY THE NEW SPANISH STARTUP RULES?

We are expecting the official announcement from the Spanish Government.

If you want to be updated about this topic, send an email to london@scornik.com and you will receive the latest news.

 

Laura Gallego Herráez

Associate Spanish Lawyer and

Business Developer at Scornik Gerstein LLP.

laura.gallego@scornik.com

 

BLOG POST WRITTEN BY PSYCHOANALYST LONDON

 

If you are interested in health and lifestyle you might be aware that… “inflammation” seems to be a big thing. Why is that?

It turns out that low – grade inflammation is the root of all diseases: from rinitis, celulitis to autoimmune disorders, cancer and neuro-degenerative ones like Alzheimer. Low – grade inflammation is below the pain threshold so… we don’t feel it.

You might be wondering… why would a psychoanalyst talk about… INFLAMMATION?

 

Chronic Stress

Well, there are three “control” systems in the body which are deeply connected: immune, endocrine and nervous system. I hope this blog helps you understand that they are the cornerstone of our wellbeing or… discomfort. Fortunately, the need for an integrative medicine is becoming more and more evident. However, as of today… medicine treats patients as strict compartments. Of course we need to go to an specialist to address our specific the problem, although… we need to bear in mind that most likely that specific disorder is related with an imbalance in this psycho – neuro – immune- endocrine axis. Why?

Chronic stress alters these systems which… at the end of the day, control everything. This is why as a psychoanalyst I am very interested on how anxiety and stress can impact the body. A link which is becoming more and more evident but which has been misunderstood and underestimated for a long time. Not only by medicine but also by ourselves (me included).

Being momentarily stress when facing certain situations is beneficial: let’s say there is a fire and we need to run: adrenalin and cortisol will go up to help us react quickly and scape. However, if we are stressed all the time, alert (unfortunately very typical in our lifestyle these days) our “control” systems begin to be impacted: raised adrenalin, triggers hormonal changes. More cortisol is produced. Cortisol impacts our immune system because it gives place to pro-inflammatory cytokines —> this is how stress leads to inflammation in the body. I hope you realised that… you can have a healthy lifestyle, exercising and following an anti-inflammatory diet but… It is not only about diet: we need to learn to deal with stress.

Otherwise, chronic stress can burn out these “control” systems. Overproducing cortisol can lead to adrenal fatigue: suprarenal glands are not able to produce cortisol anymore, chronic fatigue syndrome. We then don’t have energy for our daily lives activities. Very common these days.

We need to ask ourselves, WHY am I getting SICK? What is causing my imbalance?

 

‘Disease begins in the gut’

Let’s have a look at the GUT, the famous “second brain”. Already outstanding Hippocrates have quoted: “disease, begin in the gut”. Why would he say such a thing more than 2000 years ago?

Today we know a lot more. To begin with we know DISRUPTION in the gut MICROBIOTA is closely linked to inflammation. WHY? Because the intestinal mucosal barrier not only protects us from the entrance of pathogens but it also triggers hormonal changes. First of all, 70% of our immune system is in the gut (they produce cytokines). Secondly, 80% of the serotonin, yes, the happiness hormone… is produced in the intestine. Constipation, intestinal disorders… can impact the production of serotonin. If we don’t have serotonin, we get depressed. If we get depressed… they will end up giving us an antidepressant pill. Most of antidepressants are serotonin re-uptake inhibitors. However, in this case, to feel happier and healthier what I need is not an antidepressant… I need to fix my gut!

 

What can be… harming it?

And here it comes the so feared… GLUTEN. Gluten is the protein of wheat (and other cereals). Why does it have lately such bad press? Bread is so delicious! Unfortunately, bread we eat today is not the bread our grandmas ate… before gluten had 7 chromosome and now it has… 42! It has been genetically modified so it become resistant against plagues and other hazards. Modern “super gluten” can trigger leaky gut syndrome, all in all intestinal permeability. Is that… so bad? According to latest medical research… yes, IT IS: Main cause of inflammation is INTESTINAL PERMEABILITY. Remember, in the intestine, there are tons of immune cells. If the gastro-intestinal barrier is open, it is more likely that pathogens will get in . The entrance of pathogens activate the immune system (producing more stress hormones – noradrenalin and cortisol). Inmune system hoards more and more energy in detriment of other systems generating INFLAMMATION. There you have it: gluten generates inflammation.

Another thing which generates inflammation is OXIDATIVE STRESS. Energetic metabolism of the cells in the mitochondria generates free radicals. Exercise generates free radicals. This is why athletes (and everybody in general) need to eat a lot of anti-oxidants. This is normal, one of the reasons we age. However, environmental toxic substances, lifestyle and STRESS and DEPRESSION, can make it worse.

 

You can’t treat the body without treating the psyche

As a psychoanalyst, understanding and being aware of all these pathways and interconnections is key for your healing and successful result of your therapy because:

• I can refer you to doctor who can help you fix physiologically your imbalance – an imbalance you might not be aware of.
• Most importantly, I can treat you as a human being helping you understand the unconscious processes behind your disease or discomfort. What does this mean? It means our psyche, is always involved. Unconscious guilt plays a big role in getting sick and… holding the disease. You can have a healthy lifestyle but if you suffer from guilt…

I hope at this point, it makes sense that a psychoanalyst understands inflammation and the gut. Well, there is more to it: Inflammation, not only happens in the gut. It also happens in the BRAIN.

 

Inflammation also happens in the brain

Believe it or not, our BRAIN also has… immune system: we have the equivalent to the lymphatic system, the ‘glymphatic system”. It is in charge of getting rid of the trash generated in the mitochondria. Thanks to that, after a good night sleep we wake up refreshed. If we couldn’t sleep, we feel irascible, have food compulsion and our body cannot regulate the temperature. When we sleep well, lymphatic systems works better and hence the importance of sleep.

How many senses would you say we have? Traditionally we talk about 5: taste, smell, sight, hearing and touch. However, we also have 4 “inner” senses: immune system (communicates with all the others); endocrine system (mesures homeostasis along with central nervous system); thinking and emotions. ALL these nine SENSES, would give us a warning if we are in danger: again, let’s say there is a fire and we need to run.

Thanks to psychoanalysis, we know that the psychic apparatus is…. no where. It is not in the brain. If I am now interested in the brain is because … activation of those senses happens not only when danger is real but also when we… IMAGINE IT (and it is not real). When we have an idea, thought or worry rushing around in our head for a long time and we don’t solve it, our IMMUNE system is continuously activated. This could lead to the so feared… low-grade inflammation. And remember, at the beginning we said that this inflammation can give place to neuro-degenerative disease, autoimmune disease and … even cancer.

Do you know realise how important and … useful it is to know that… your ideas, fears and worries can lead to inflammation in the brain? This is where PSYCHOANALYSIS can help prevent disease. It helps you elaborate your conflicts and difficulties, you don’t need to sicken your body! And protecting your brain and your gut is a very good starting point:

Remember, when we talked about the gut we said 80% of the serotonin is produced there? Here is why serotonin is soo important:

There are several neurotransmitters which play important roles not only in our BRAIN but also across all the BODY.

Main neurotransmitters are:

• Morning: DOPAMINE (physical and psychic awakening
• NORADRENALINE / ADRENALINE —> Trigger action
• Evening: SEROTONIN (to stop action)
• Night: MELATONIN (to sleep)

 

 

 

 

Dopamine estimates motivation, pleasure, focus, awakening, taking initiative… it is the “starter” neurotransmitter. Serotonin regulates sleep cycle, mood, appetite, body temperature, sensitivity to pain, libido, intestinal peristalsis.

You might have heard of … Taurine, glutamate, glycine and Gabba (yes, RedBull has taurine). They are substances which can activate or deactivate these transmitters. How? By regulating chemical reactions happening in the neurons, mainly CALCIUM/MAGNESIUM exchanges. Magnesium is responsible for the activation of more than 300 metabolic reactions in the body. Its antagonist is calcium: calcium tightens and magnesium relax.

According to traditional medicine, inadequate levels of these transmitters and substances could give place to many mental disorders from insomnia, lack of focus, lack of motivation to depression and even eschizophrenia.

What could disrupt this delicate balance? INTESTINAL PERMEABILITY: if the gastro-intestinal barrier is open, it is more likely that pathogens will get in and reach the brain through the “blood-brain barrier” activating all the process we saw before. Another case in which… in order to help the brain (and hence… our whole body) we need to fix the gut!

 

Depression causes inflammation

More and more psychiatrists are taking into account markers which could hinter inflammation in the brain such as pro inflammatory cytokines (specially Interleukin 6). For example, if that marker is elevated and the person is depressed, they could interpret those elevated cytokines are responsible for brain inflammation and hence depression.

PSYCHOANALYSIS approach has a different angle: because that person was depressed, his brain got inflamed and hence the elevated Interleukin 6. Depression exactly the same as chronic stress can cause inflammation. There are already studies showing how psychotherapy can alter the values of cytokines. What neurologists and psychiatrist address with pills, psychoanalysis address it with therapy.

Psychoanalysis opens up new possibilities of healing that traditional medicine has not considered. They can’t because they do not take into account the concept of unconscious mind. That is why according to traditional medicine, many diseases, specially the autoimmune ones, are chronic. They treat the symptoms but they can not cure them. According to psychoanalysis, health is something to be built.

 

 

BLOG POST WRITTEN BY GIAMBRONE LAW. 

As businesses across the world attempt to pick up the pieces arising from the coronavirus pandemic. There appears to be a division between organisations that would like to see the work environment return to exactly the same format as before the pandemic, indeed in some sectors, there is little choice, such as construction, hospitality and agriculture. Other industry sectors have seen distinct advantages in the adaptions they were forced to make and intend to retain them such as restaurants turning to take-away options and clothing shops selling online.

 

The accountants Price Waterhouse Cooper (PWC) conducted a survey in January which demonstrated that 83% of employers found that staff working-from-home proved to be equally as effective as staff working in the office. The argument that the culture of a business can only be maintained by face-to-face engagement in the office is fading before clear evidence that it is not the case.

 

There are also a number of interlinking issues that appear to have risen higher since the pandemic threw working life into turmoil and they are having an increasing impact on the way a business is managed.
• Workplace-based mental health issues
• Diversity and inclusion
• A drive towards equal pay

 

The business leaders, going forward, may have no choice but to gear their management style to embrace and support equality in a diverse workforce that, at least part of the time works remotely, whilst exhibiting clearly visible consideration for the environment in the way they do business

 

Giambrone & Partners’ employment team warns against insisting on a return to the workplace for all as this may result in, not only other organisations luring talent by simply offering a hybrid working environment, which seems to be the preferred option for many employees. Our lawyers recognise that, for parents, the fact that they can see their young children during the working week rather than leaving before they are awake and returning after bedtime is a significant plus. Also having just experienced the first pandemic for 100 years, staff with health issues that make them vulnerable to the risk of Covid-19 prefer to continue to take a cautious approach. It is recognised that stress and anxiety can build rapidly and the perception of risk will serve to amplify the situation resulting in anxious and upset employees.

 

Elite talent is becoming harder to source as the Brexit effect is felt in the labour market and it is hard to see how that will change in the immediate future. Businesses must remain attractive in order to appeal to and recruit the best of the exceptional talent available.

 

Communication, control and monitoring of data and utilising analytics and technology to track productivity, performance, financial management, together with recognising and maximising the existing talent in the workforce will enable employers to evolve and meet current demands. The requirement for flexibility, equality and recognition of the importance of diversity is unlikely to diminish and business leaders who do not recognise these factors will be throwing away an aspect that will help them access the competitive edge.

 

Executives and more importantly managers will have to learn how to tailor roles to suit employees rather than presenting an employee with an unyielding job description with no flexibility. Contracts of employment may need to be redrafted to reflect the change in attitude, that is not to say that employees can dictate to their employers but the opportunity for negotiation should be provided and a reasonable approach should be demonstrated on both sides.

 

Equally important is ensuring that talent is not lost because of the disparity between men’s and women’s remuneration in the same workplace. The issue of equal pay has been present since the turn of the twentieth century leading to the Equal Pay Act 1970 since superseded by the Equality Act 2010. Despite every effort, there are still industry sectors that struggle with the question of parity. The Equality and Human Rights Commission provides comprehensive guidance and no employer should be caught by this wholly avoidable issue.

 

Employers that fail to recognise the importance of diversity and inclusion in their workforce are missing the opportunity of introducing other perspectives and vision that can bring a better consideration of both clients’ and colleagues’ perceptions. A wide age range, different cultures and employees drawn from different sectors in society can provide invaluable knowledge and understanding to an organisation.

 

Our expert employment lawyers can provide advice and guidance on how to manage the changing workplace and maximise the advantages that can be found in the new way of working.

 

For more information about the changing workplace please click here

 

 

As lockdown restrictions have begun to be eased people are now slowly returning to the office, which has raised questions as to whether employers ought to request that their employees be fully vaccinated.

 

It is important to note the fact that in-spite of the many rumours that have been present concerning this matter, employers have no legal standing to request employees to be vaccinated against their wishes. Hence there is currently no legal instrument in place that obliges employees to have a compulsory covid-19 jab. Nonetheless, having said that, it is important to bear in mind that from the 11th of November 2021 anyone who is working or volunteering at a care home will have to be compulsorily doubly-vaccinated (unless they are validly exempt from it).

 

Presumably, the vast majority of people, regardless of whether it is employers or employees, would prefer for everyone in the workplace to be fully vaccinated, however, that choice is, evidently, a very personal one. On the one hand, some employers would, quite understandably, not feel it is right for them to compel, let alone oblige, their employees to go and get vaccinated. On the other hand, if one or potentially more employees is infected with Covid-19 then that could have a devastating effect on the business. This is because it could, potentially, require the rest of the staff to isolate or at the very least require an implementation of a “work from home” strategy which could make the business lose money.

 

Another potential problem if compulsory vaccination were to be implemented is that it could risk the potential loss of future employees. Job-seekers may be discouraged if a potential future employer has a compulsory “no jab, no job” policy. This would ergo mean that businesses would lose on the potential that these individuals could bring to that sector and, in turn, the job-seeker would be left jobless.

 

But, even if this policy does not necessarily disincentivise future workers, it could lead to an increase in legal claims being made by current employees. The latter could very well bring legal claims against the former for unfair dismissal and/or discrimination. This would not only have disastrous consequences for the reputation of the employer but it could also lead to a loss of large amounts of money due to the hefty costs of litigation. Businesses will consequently have to ensure that all commercial contracts or commitments are not impacted by these new arrangements caused by the coronavirus pandemic. As well as encourage, rather than oblige, its employees to be fully vaccinated by discussing these matters with their members of staff, to have a more comprehensive understanding of their motives for favouring (or not) getting the vaccine.

 

This issue is undoubtedly a moral and legal minefield. Whether the policy of “no jab, no job” will become commonly adapted by employers is not yet certain, but what is clear is that employers need to tread very careful in such a complex and delicate matter.

 

BLOG WRITTEN BY PSYCHOANALYST LONDON

The recently completed Olympic Games in Tokyo brought together the best athletes in the world. From gymnastics to swimming and track and field, some of the best physical performances of all time were on public display. But let’s not forget about the mental performances that accompanied them.

Mental and physical health are equally important during athletic competition. For an athlete to be their physical best, they must also be in good mental health. The fact that we are finally acknowledging as much explains why two world-class athletes at this year’s Olympic Games suddenly dropped out of competition.

This post will not go into their stories in detail. If you follow the Olympics, you know what happened. The point to be understood is that athletes cannot give their physical best if they can’t also give their mental best.

 

Seeking Treatment for Injury

Unfortunately, humanity has a history of looking at sporting competition only from a physical standpoint. We tend to be amazed at a person’s speed, strength, or agility. We marvel over the athlete’s ability to do things that seem superhuman to the rest of us. And yet, athletes suddenly become human when they suffer injury.

And what happens when an athlete is physically injured? They seek treatment. Rest is prescribed for pulled muscles. If a ligament is torn, arthroscopic surgery might be necessary. Even something as seemingly innocuous as a pulled hamstring requires attentive treatment by a physiotherapist.

We understand the correlation between physical injury and treatment because such injuries are easily recognisable. Doctors can perform MRIs, x-rays, and other diagnostic tests to identify just about any physical injury. But problems in the mental arena are not as easy to identify.

 

Psychotherapy for Athletes

Another challenge we face in the modern world is the temptation to expect athletes to just ‘suck it up’ and compete. If an athlete is not all there mentally, the tendency is to just tell that person to get their head into the game. And of course, athletes pride themselves on their mental toughness.

As a psychotherapist, I do not believe that this is the right way to go. An athlete cannot will them self into a right state of mind any more than they can heal a hyperextended hamstring just by imagining it being healthy again.

It is absolutely appropriate for athletes to seek out psychotherapy. From weekend warriors to those who engage in sport for a living, psychotherapy is the right tool for maintaining good mental health both on the field and off.

 

Better Performance and Physical Health

It might be difficult in our modern culture to understand why an athlete in top physical shape would need psychotherapy to compete at the highest possible level. Allow me to explain. There are two things to consider here.

First, no amount of physical fitness or training is enough to guarantee the best possible performance by itself. Psyche and body are inseparable. Our physical performance can be impacted by unconscious processes.

Second, going into competition being mentally unhealthy increases the chances of serious physical injury. Unconscious guilt can lead to failure if left unmanaged: That’s why it is so important for athletes to have psychoanalysis.

Modern science is fully aware of the link between mind and body. If the recent Summer Olympics are any indication, sport is finally beginning to make that connection as well. Athletes need both fit bodies, minds and souls to be at their best. And when either is lacking, professional treatment is not only appropriate but a game changer.

 

 

BLOG POST WRITTEN BY GIAMBRONE LAW

 

The Home Office has received an unprecedented demand from EEA nationals and their families for settled status in the UK following Brexit, which has led to a significant backlog of applications. A large number of potential applicants, an estimated 80,000, have yet to make an application, with almost as many applications rejected due to errors.

 

The impact of rejection or failure to apply to secure the right to remain in the UK will not only be felt by the individuals concerned whose lives may be completely turned upside down but also will have a substantial bearing on the UK economy, the hospitality sector in particular.

 

The Home Office is currently battling to cope with the number of last minute or late applications and will now face a raft of appeals against rejection under the Immigration (Citizen’s Rights Appeals) (EU Exit) Regulations 2020 https://www.legislation.gov.uk/uksi/2020/61/contents/made, Depending on when you applied and what your actual status was at the time of application there are a range of appeal options available to EEA nationals that have received notice of rejection of their application or have not yet submitted an application.

 

Some applicants have been rejected in error and an appeal should overturn the decision in such circumstances. However, whether you are appealing a decision or making a late application with a justifiable reason, you will have a far greater chance of success if you are guided by an expert immigration lawyer.

 

Fernanda Stefani, a consultant advocate, commented “the length and complexity of the documentation required to apply for settled status has been an obstacle for many EEA nationals attempted to regularise their status in the UK, many of whom decided to make their life in the UK a considerable years ago” she further remarked “the Home Office has indicated that a late applications with a justifiable reason will be looked on favourably but for many older people who came to the UK in their youth, whilst they have more than sufficient understanding of English for day-to-day life, lengthy bureaucratic forms are extremely challenging. Legal assistance may be required to ensure that the application is accepted.”

 

The expert immigration lawyers in Giambrone’s immigration team have years of experience in connection with a wide range of immigration issues and can assist with an appeal or with submitting a fresh application. An individual in the UK has 14 days to appeal.

 

Our lawyers will meticulously review all the supporting documents to be sure that they are appropriate for your application and accurate. In the absence of rejection due to a security issue an appeal will be heard in the First-tier Tribunal (Immigration and Asylum Chamber). A lawyer may apply online which will speed up the process. A relatively recent Freedom of Information request suggested that up to approximately 90% of appeals regarding immigration status were accepted.

 

The establishment of settled status for EEA nationals is extremely important as without it the right to live, work, be educated and receive medical assistance is compromised.

 

For more information about appealing or making a late application for settled status please click here

 

 

BLOG POST WRITTEN BY SCORNIK GERSTEIN LLP

Durante décadas, Reino Unido (RU) se ha erigido como el “destino concursal” por excelencia y ello se ha debido, entre otras circunstancias, por la popularidad de los schemes of arrangements, los cuales han sido empleados por sociedades británicas y extranjeras para operaciones de reestructuración de deuda financiera.
Tras la salida del RU de la Unión Europea (UE) (Brexit), se plantea la posibilidad de que esta esta figura pierda hegemonía en el ámbito de la insolvencia internacional. A continuación, abordados cuestiones clave.

 

¿Qué es un Scheme of Arrangement (SoA)?

El SoA es una figura regulada por el Derecho inglés que permite a las sociedades confeccionar diferentes operaciones de reestructuración de capital.
A través de un SoA, la sociedad puede alcanzar un acuerdo con sus acreedores (Creditor Scheme) que, en caso de ser aprobado por aquellos que representen al menos el 75% del valor de los créditos afectados y una vez sancionado por el juez competente, será de obligado cumplimiento para la totalidad de los acreedores, incluso para aquellos que hayan votado en contra de dicho acuerdo o no hayan votado.
El SoA evita situaciones de bloqueo (hold out) por parte de una minoría disidente.

 

¿En qué consiste el proceso de aprobación de un SoA?

El SoA requiere de la tramitación de un procedimiento judicial que se desarrolla en las siguientes fases:

1. Solicitud (claim form) ante el tribunal competente.
En dicha solicitud se plasman los términos de acuerdo (arrangement) y ésta puede ser presentada por:

• Cualquier acreedor de la empresa.
• La propia empresa.
• Cualquier socio de la empresa.
• Si la empresa está en un proceso concursal, por el administrador concursal.

 

 

 

 

2. El juez examinará que el SoA cumple todos los requisitos legales.
Los acreedores deben actuar de buena fe durante el procedimiento, y los términos del acuerdo (SoA) deben ser razonables a juicio de una persona honesta e inteligente.

 

3. Depósito del SoA en el Registrar of Companies.
Una vez haya sido ratificado por el juez, el SoA debe ser depositado en el Registrar of Companies .

 

¿Por qué las empresas extranjeras optan por solicitar un SoA en la jurisdicción británica?
Las principales razones por las que las que sociedades extranjeras optan por solicitar un SoA en la jurisdicción de RU, son las siguientes:

• Celeridad del proceso en los tribunales ingleses.
• Flexibilidad en el contenido del SoA, con un alto grado de certidumbre procesal y comercial para todos los interesados, incluidos los acreedores.
• Una vez aprobado el SoA, éste será vinculante para todos los acreedores, incluso si votaron en contra u optaron por no votar. En consecuencia, es una forma de obligar a las minorías disidentes que, en otras jurisdicciones, puedan llegar a dificultar o incluso a bloquear el plan de reestructuración de deuda.

 

¿Puede una empresa española solicitar un SoA en la jurisdicción de RU tras el Brexit?

Sí, al igual que con anterioridad al Brexit, una empresa extranjera puede solicitar un SoA en RU siempre y cuando tenga suficiente conexión.

El concepto de «conexión suficiente» ha sido interpretado en sentido amplio por los tribunales británicos.

Los tribunales del RU han aprobado SoAs acordados por empresas extranjeras cuando se ha dado alguno de los siguientes (no exhaustivos) criterios:

i. Cuando exista una cláusula de sumisión expresa ante los tribunales de RU.
ii. Los créditos afectados por el SoA están sujetos a los tribunales ingleses.
iii. El deudor o deudores, tienen un establecimiento en RU.
iv. Cuando la mayoría de los acreedores están domiciliados en RU.
v. Cuando la empresa extranjera tenga activos bajo jurisdicción inglesa.

 

Laura Gallego Herráez. (Londres)
Abogada asociada y business developer en Scornik Gerstein LLP.
laura.gallego@scornik.com

Antonio Arenas López. (Londres)
Socio Director de SCORNIK GERSTEIN LLP.
antonio.arenas@scornik.com

 

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