Commercial and Banking Contracts

A commercial contract is a bilateral legal business that has legal-mercantile nature. In general, in order for a contract to be classified as mercantile, it must deal with acts of commerce, defined according to applicable legislation. A legal transaction is considered an act of commerce, according to the order in question, depending on the status of the parties involved (if they are traders), depending on its purpose (if it has an object that commercial law in this respect), or on the basis of the two criteria taken together. The law applicable to commercial contracts offers differences with respect to common civil law, because it seeks to adapt to the needs of commercial traffic, which needs different solutions (usually more agile and fast) than the civilian one. Commercial contracts are governed by general commercial legislation, such as that contained in a Commercial Code, by the special laws on commercial matters, and, in all that they do not foresee, by the general rules of contracts and obligations of civil law , traditionally contained in a Civil Code. Examples of commercial contracts are:

• Business Sale
• Swaps
• Bonding
• Business Commission
• Loan agreement
• Merchant Deposits
• Franchise Agreement
• Factoring, renting, leasing, confirming
• Leases
• Land transport contract
• Maritime trade charter contract, bulk contract and maritime insurance contract
• Insurance contracts (see insurance)
• Brand Licensing Agreement
• Purchase and sale of companies and assets
• Service contracts, supply, etc.

Montelongo Advisers processes and advises all types of commercial or commercial contracts, based on Commercial Law and current legislation for each modality. Bank contracts can also be included in commercial contracts, although they require a more specific specialization due to the nature and specific legal treatment they receive, and Banking Law can be referred to as a particular discipline that deals with these types of contracts and transactions. Judicial recognition of the aggressed rights of clients and investors is becoming more frequent, and in many cases this is the best way to obtain the restitution of the losses suffered by incorrect marketing of products such as:

• Preferred shares.
• Subordinated Obligations.
• Interest rate financial swaps.
• Structured deposits.
• Bonds convertible and / or exchangeable for shares.
• Alternative investment instruments such as Hedge Funds.

Our firm specialises in negotiating agreements and adequate solutions with banking entities, as well as in complaints before the office and before the Customer Ombudsman Service of each Banking Entity, Claims Service of the Bank of Spain and the National Commission of Stock market. In those cases in which it has been impossible to reach an agreement with his office, Montelongo Asesores puts at his service all his experience in filing individual lawsuits or creating platforms, against banking entities. Based on an adequate experience in this sector, with an attitude and commitment to the client, our main objective is the defense of their interests, acquired rights, correct banking contracts, complying at all times with the current regulations and the internal regulations of each entity with the transposition of the international directives and the correct commercialization of investment products, and in consequence to ensure that the banking entities comply with the current regulations and restore to the client the damage caused. More specifically Montelongo Advisors performs the following functions:

• Advising and claiming against banks for malpractice, in order to obtain, in an extrajudicial way or in court, the restitution and compensation of damages and losses caused by the banking entities in the commercialization of products such as:
• Preferred shares.
• Subordinated Obligations.
• Bonds convertible into shares.
• Swaps or Financial Swaps.
• Abusive Clauses in Mortgages.
• Floor Clauses.
• Structured deposits.
• Multi-currency mortgages.
• Warrants.
• Real Estate Investment Funds.
• Hedge Funds.

Financial advice to individuals and commercial companies. In this sense we intervene, advise and analyze all types of operations such as:

• Financing of acquisitions and assets.
• Investment in different banking products.
• Advice to borrowers.
• Refinancing of companies in economic difficulties.
• Defense of the interests of our clients with regard to:
• Defense in Foreclosure.
• Payment in. Renegotiation of debt. Defense of the obligors to the payment of bills of exchange linked to Promotions of construction companies in competition.
• Exchange Oppositions.

Through a comprehensive study of the problem we propose different solutions ranging from the extrajudicial negotiation with the bank, to the filing of individual and accumulated lawsuits in defense of the rights of our clients.