Cross-border M&A support in Spain and France

The chairman will need to obtain their NIE (Foreigner Identification Number) in order to sign the incorporation deed before a Spanish notary. Lexwell can handle this step on behalf of your group, provided you grant us a notarial power of attorney.

It is entirely possible to freely choose the governing law of the acquisition/transfer agreement (or SPA), which will be executed subject to conditions precedent. Only the reiteration of the transfer, or closing, must imperatively take the form of a notarial deed under Spanish law, before a notary established in Spain. It may therefore be provided that certain terms and conditions of the overall agreement between the parties be subject to legal rules other than Spanish law, if this appears more appropriate given the circumstances and context of the transaction. We can of course advise and assist you in the related negotiations.

It is entirely possible to freely choose the competent jurisdiction, whether state courts or arbitral, to resolve any dispute that may arise from the agreement or the contracts entered into between the parties. To do so, the choice of competent jurisdiction must be expressly stipulated in the acquisition/transfer agreement (or SPA), which will be executed subject to conditions precedent. Upon reiteration of the transfer or closing, this choice may also be reiterated in the deed executed before a notary established in Spain. We can of course advise and assist you in the related negotiations.