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RocaJunyent adds José Luis Pita da Veiga to its team to strengthen the Banking and Financial department in Madrid

28/09/2021

Coming from Hogan Lovells, Pita da Veiga is a specialist in financing, refinancing, and restructuring transactions for both financial entities and debt funds and venture capital funds, sponsors and issuers, covering multiple branches of practice

RocaJunyent has added José Luis Pita da Veiga as a new partner in the Banking and Financial department of its Madrid office. His entry strengthens the area, whose assets include Joan Roca, Executive President of RocaJunyent, and Xavier Foz.

Coming from Hogan Lovells, the new partner has specialised in consulting in the sphere of financing, refinancing, and restructuring transactions for financial entities, debt funds and venture capital funds, sponsors and issuers, covering multiple branches of practice. He participates in acquisition financing transactions, asset financing, project financing (particularly, renewable energy, infrastructure, and tourism projects), real estate financing, as well as all types of business financing, including restructuring and debt refinancing processes in bankruptcy and pre-bankruptcy. Furthermore, he has extensive experience in transactions with multi-jurisdictional components.

He holds a Law Degree from the Complutense University of Madrid, a Master’s in Financial Studies from the Institute of Stock Exchange Studies (Instituto de Estudios Bursátiles, IEB) and a Master’s Degree in International Trade Law from the University of Westminster (London). On a teaching level, Pita da Veiga is also a regular speaker for courses and seminars on different subjects related to his field.

Prior to joining RocaJunyent, he worked as an attorney in the Banking and Financial Law departments of DLA Piper and Hogan Lovells.

The addition of José Luis Pita da Veiga comes along with the acquisition of MDV&Associados, a firm specialising in Tax Law that joined RocaJunyent last week, led by partner Luis Mas and his team of 11 professionals.

25th Anniversary and New Image

The addition of Pita da Veiga coincides with the launch of the new corporate image of RocaJunyent, which reflects the firm’s progress in recent years in consolidating itself as an agile, flexible, rigorous, and highly specialised law firm whose strategy is clearly focused on serving its clients.

The new corporate image combines simplicity and professionalism and aims to showcase the new times the firm is experiencing. Coinciding with this new stage of its development and the firm’s 25th anniversary, the firm’s new corporate image aims to show the potential of the name that made it so strong.

To associate the firm’s name with the collective of legal professionals it represents, the logo develops the Roca Junyent surnames through unity and strong lines. The joining of the words expresses the group and cohesion. The strong lines show rigour and trust. The lowercase letters express a human dimension and proximity. Finally, the choice of black and white gives the brand personality, elegance, and character, while allowing it an endless array of graphic possibilities.

Published in

Banking and Finance
RocaJunyent y MDV

RocaJunyent acquires MDV & Asociados, a firm specialised in Tax Law

14/09/2021
  • ​​​​​​Luis Mas, Managing Partner of MDV, joins RocaJunyent as a partner in the Barcelona Tax Department
  • Another 11 professionals from the firm will become part of RocaJunyent along with Luis Mas

RocaJunyent and MDV & Asociados have signed an agreement by which the firm MDV & Asociados, specialising in Tax Law and headquartered in Barcelona, will merge into Roca Junyent. Thus, a total of 12 professionals will become part of the RocaJunyent team in Barcelona.

Luis Mas, Managing Partner of MDV until now, will join RocaJunyent as a partner in the Barcelona Tax Department With more than 30 years of experience as a tax advisor and accounts auditor, Luis Mas is a specialist in corporate taxation, with notable experience in family business, e-commerce, as well as for foundations and other non-profit entities and venture capital companies.

With the integration of MDV & Asociados, RocaJunyent is strengthening the Tax Law department by incorporating the background and experience of a solvent and highly recognised professional team. Currently, RocaJunyent’s Tax department is made up of 30 professionals led by partners Jordi Guarch, Blanca Usón, Raúl Salas, Joan de Figarolas, Josep Godall and Enric Moret, who provide solutions to clients’ needs in the areas of business taxation, Tax Wealth Management, M&A transaction taxation, transfer pricing and tax litigation.

This agreement reaffirms RocaJunyent’s commitment to promoting strategic incorporations that complement the firm’s current team, making it more mainstream. RocaJunyent currently has a staff of 230 professionals at the service of its clients.

Jaime Tarrero_RocaJunyent

RocaJunyent adds Jaime Tarrero Martos to its team to strengthen Capital Markets and M&A in Madrid

07/10/2021

After spending most of his professional career at Uría Menéndez and coming from AmRest Holdings, the new partner specialises in M&A transactions, IPOs, refinancing, public acquisition tenders, increases in share capital, bond and hybrid bond issuances.

RocaJunyent has hired Jaime Tarrero Martos as a new partner in the Commercial Department in Madrid. His arrival strengthens the firm’s Capital Markets, M&A, Corporate and Banking departments.

Since 2018, Jaime Tarrero has been the Director of the Corporate Department at AmRest Holdings, the largest independent operator of restaurant chains in Europe, which is listed on stock exchanges in Spain and Poland. His long tenure at Uría Menéndez also spanned more than 12 years. He also worked for one year in Cleary Gottlieb’s New York office in the LatAm department. The new partner specialises in M&A transactions, IPOs, refinancing, public acquisition tenders, increases in share capital with rights issues, offers and accelerated bookbuilds, debt issues, hybrid instruments and liability management exercises (LMEs), as well as the corporate, regulatory and corporate governance of public listed companies. He has extensive experience in transactions with multi-jurisdictional components.

He holds a degree in Law and Business Administration and Management from the Autonomous University of Madrid, and is authorised to practice both in Spain and in Mexico. In the academic sphere, Jaime Tarrero frequently teaches classes and gives seminars at different institutions in relation to his fields of practice. Noteworthy collaborations include Carlos III University and the ISDE (Instituto Superior de Derecho y Economía [Higher Institute of Law and Economics]).

The addition of Jaime Tarrero to the Commercial Department of RocaJunyent in Madrid comes after hiring José Luis Pita da Veiga in the Banking and Financial Department, as well as the recent acquisition of MDV&Asociados, a firm specialising in Tax Law, which joined RocaJunyent in Barcelona at the beginning of September, led by partner Luis Mas and his team of 11 professionals.

PlusvaliaMunicipal_RocaJunyent

Tax Alert: The Constitutional Court has declared the Municipal Capital Gains Tax Unconstitutional

05/11/2021

The Constitutional Court (CC), through judgement dated 26 October 2021 (at the time of writing this Alert, it was not yet published in the BOE [Boletín Oficial del Estado (Official State Gazette)], but only on the website of the aforementioned Court), has declared unconstitutional and null the rules for determining the amount to be paid for the Tax on the Increase in Value of Urban Land (hereinafter, "IIVTNU" [Incremento de Valor de los Terrenos de Naturaleza Urbana]).

Specifically, the Judgement has expelled from the legal system Articles 107.1, second paragraph, 107.2.a) and 107.4 of the Consolidated Text of the Local Treasury Regulatory Law, approved by Royal Legislative Decree 2/2004, of 5 March.

The declaration of unconstitutionality is based on the fact that the CC considers that the aforementioned Articles establish the taxable base of the tax regardless of the economic reality of the transmission operation and establishing a tax that violates the principle of economic capacity of Article 31.1 of the Spanish Constitution.

The most relevant, direct consequence of this Judgement is that, as a result of the same, it is not possible to collect any new settlement of this tax or demand its payment, nor to carry out verifications or revisions, until a new regulation that replaces the previous one is approved.

The Judgement establishes limitations to its scope:

  • no settlements that have been confirmed by a final judgement or that have become
    final can be reviewed based on this Judgement.
  • it considers that settlements not challenged on the date of the Judgement, as well as the self-assessments whose rectification had not been requested before the aforementioned date, are consolidated situations. Notwithstanding the fact that the CC is authorised to make its judgements known by alternative means, it is important to note that our legal system establishes that judgements of the Constitutional Court are effective from the day of their publication in the BOE.

Given the absence of applicable regulations, the Ministry of Finance and Public Service is preparing “a legal draft that will guarantee the constitutionality of the tax, offer legal certainty to taxpayers and certainty to the town councils”, as stated by a Press release of 26 October 2021 (available only in Spanish).

Contentious issues

There are many contentious issues arising from this judgement and its future implementing regulations. By way of example, discussions may centre around the following questions:

  • Can the town councils demand payment of tax settlements made prior to the date of the judgement but that had not yet been paid?
  • Is it possible to request the rectification of self-assessments filed prior to the date of the judgement (and request the refund of the amount paid) for a reason other than this judgement having been issued?
  • Is it possible to request pecuniary liability from the Administration to be compensated for having paid an unconstitutional tax while the CC does not allow the effects of its judgement to be applied to such payment?
  • Can the new tax regulation have retroactive effects? What would its limit be?
  • Is it possible to request the protection of the European courts and institutions for violation of the right to judicial protection, violation of the principle of legitimate expectation and/or discriminatory treatment?

It is necessary to assess each situation on a case-by-case basis in order to determine what actions should be taken.

Published in

Tax
Related professionals
Ley prevención fraude fiscal

Tax alert: Law 11/2021 on preventing and combatting tax fraud

06/09/2021

On 10 July, the Official State Bulletin published the umpteenth Law on measures to prevent/combat tax fraud, Law 11/2021, on preventing and combatting tax fraud, transposing Council Directive (EU) 2016/1164, of 12 July 2016, laying down rules against tax avoidance practices, which directly affect the functioning of the internal market, modifying various tax regulations and in matters concerning gambling regulations. This is a legal provision that has had a long and complicated development.

We can affirm that some (a few) amendments constitute authentic instruments for combatting tax evasion. Others (the majority) are no more than mechanisms for increasing fiscal pressure without altering the rates of each tax figure, by simply raising their bases. Finally, some are the product of the obligatory transposition of Community Directives to our system, as in the case of the ATAD Directive (Anti-Tax Avoidance Directive).

RocaJunyent_Laboral

News Alert: Developments on remote working and employment penalties

14/07/2021

Below is a summary of the main new developments of Law 10/2021, of 9 July, on remote working (hereinafter, “Law 10/2021”), which essentially maintains the same content of Royal Decree-Law 28/2020,
of 22 September, except for certain specifications regarding risk assessments and the address of reference for the purpose of considering the competent Employment Authority.
It also summarises the amendments made by the aforementioned Law – in terms of the amount of penalties to be imposed within the employment sphere – to the Law on Infringements and Penalties in the Social
Order.

 

See the document attached.

Published in

Labour
Taxation Review

The Inward Investment and International Taxation Review, edition 11

Raúl Salas, Pilar Vacas, Elena Ferrer-Sama y Javier de Diego are the authors of the eleventh edition of The Inward Investment and International Taxation Review: Spain. 

You can consult the document in the attached PDF.

File
Taxation review 11 (362.18 KB)

Published in

Tax
Related professionals
Chambers_Rocajunyent

RocaJunyent and its professionals ranked in Chambers Global, Europe and Fintech 2021

25/03/2021
  • Joan Antoni Borràs and Marlen Estévez as well as Intellectual Property area, distinguished in 2021 guide edition. 
     
  • In total, 11 lawyers and 7 areas and specialization sectors hace been recognized by the international guide. 

RocaJunyent consolidates its positions in Global, Europe and Fintech Legal editions of Chambers and Partners directory. In total, 7 of its practice areas and sectors of specialisation along with 11 of its professionals are highlighted in the guide.

In its European edition the English directory has highlighted Corporate/Commercial (Barcelona), Dispute Resolution (Barcelona), Employment (Barcelona and Spain), Restructuring/Insolvency (Barcelona and Spain), Intellectual Property (Spain) and Tax (Spain) areas.

As for the professionals, Miquel Roca Junyent, Joan Roca Sagarra, Albert Rodriguez, Alex Santacana, Blanca Usón, Raúl Salas, Roberto Vallina, Blanca Cortés, and, for the first year, Joan Antoni Borràs and Marlen Estévez, partners in the firm's Restructuring and Litigation and Arbitration departments.

In relation to the Global edition of the directory, for the 2020 financial year, the Intellectual Property (Spain) department enters the directory with “a strong reputation for working with architects, musicians and creators of audiovisual Works” as well as “a team that handles trademark registrations, technology transfer mandates and actions for infringement of image rights or trademarks in foreign jurisdictions”.

Among the professionals highlighted in the Global edition are Joan Roca (Corporate/M&A), Blanca Cortés (Intellectual Property) and, for the first year, Marlen Estévez (Dispute Resolution).

Finally, in the Chambers and Partners Fintech guide, RocaJunyent strengthens its position in the directory by maintaining its position both in the area that stands out for its “experience serving the banking and financial sector” “RocaJunyent brings together the multidisciplinary competence of its lawyers to serve its Finech clients at a high level” and with its leading professional, Xavier Foz, partner of the Banking and Finance department and with extensive experience in the Fintech field.

Related professionals
Alerta Bancario y financiero Roca Junyent

News Alert: Sustainability-related disclosures in the financial services sector

15/03/2021

News Alert about Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability‐related disclosures in the financial services sector

On Wednesday, 10 March 2021, Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability‐related disclosures in the financial services sector (the “Regulation”) became applicable, which establishes the bases to be followed by financial market participants and financial advisers, in terms of disclosures to end investors on the integration of sustainability risks, on the consideration of adverse sustainability impacts, on sustainable investment objectives, or on the promotion of environmental or social characteristics, in investment decision‐making and in advisory processes.

Published in

Banking and Finance
Related professionals
International Comparative Legal Guide

International Comparative Legal Guide

International Comparative Legal Guide

Our partners Natàlia Martí and Xavier Costa have collaborated in the guide "The International Comparative Legal Guide" writing the section related to Mergers and Acquisitions in Spain.

 

You can access the guide in the attached pdf.

Published in

Corporate & M&A
Related professionals
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