Best Private Equity Lawyers in Maspalomas

1. About Private Equity Law in Maspalomas, Spain

Private equity activity in Maspalomas, Spain, is governed by national Spanish law and EU-wide financial regulation. Private equity groups typically invest in non-listed companies, aiming to improve performance and later exit at a profit. Jurisdictional nuances in the Canary Islands may affect tax planning and local regulatory interactions, but the core legal framework is Spanish-wide and supervised by national authorities.

In practice, private equity deals involve fund formation, target due diligence, corporate governance measures, and exit planning. Investors and target companies must align with corporate law, securities regulation, and anti-money laundering rules. Local lawyers in Maspalomas can help navigate cross-border aspects and ensure compliance with both national and Canary Islands requirements.

Key point: Private equity in Spain is supervised through the national regulator and must comply with corporate governance, securities, and anti-money laundering rules.

For residents of Maspalomas, it is important to recognize that while the Canary Islands offer unique tax regimes, private equity fundraising and investment activities follow the same fundamental Spanish framework. Practical considerations include corporate structure, fund management, and cross-border investor relations.

2. Why You May Need a Lawyer

Private equity transactions in Maspalomas benefit from early legal involvement to prevent costly delays. Below are concrete scenarios where legal counsel adds value on the ground in the Canary Islands and mainland Spain.

• Structuring the deal for a Canary Islands target. A Maspalomas-based family business may be acquired by a PE fund. You need counsel to advise on share purchase structures, minority protections, and post-close governance changes that comply with Spanish corporate law.
• Forming or marketing a private equity fund (AIF) under Spanish and EU rules. If you plan to raise a fund that will operate across Spain and within the EU, you must meet CNMV and AIFMD requirements, including disclosures to investors and valuation standards.
• Negotiating key documentation for a sale of control. Drafting and negotiating a share purchase agreement, conduct of due diligence, representations and warranties, and indemnities specific to a Spanish target.
• Aligning employment and incentive plans with the target. If the target employs staff in Maspalomas, you may need advice on post-acquisition employment law, non compete clauses, and employee share schemes compliant with Spanish law.
• Regulatory and tax implications for cross-border exits. Tax planning around exits, VAT considerations, and applicable Canary Islands tax incentives require careful legal and tax coordination.
• Compliance with money laundering and securities rules. Ongoing monitoring of investor disclosures, anti-money laundering obligations, and market conduct requirements is essential for funds and targets.

3. Local Laws Overview

Private equity in Maspalomas operates under national Spanish legislation, with Canary Islands considerations for tax and local administration. The following laws and regulations are central to fund formation, investment, and corporate transactions in Spain.

• Real Decreto Legislativo 1/2010, Texto Refundido de la Ley de Sociedades de Capital - governs corporate governance, capital structure, and shareholder rights for Spanish companies involved in PE deals. This framework shapes how targets are organized and restructured.
• Ley 35/2003 de Instituciones de Inversión Colectiva (IIC) - regulates collective investment institutions such as fondos de capital riesgo and sets requirements for fund operation, valuation, and investor protection.
• Ley 22/2014, del Mercado de Valores (Mercado de Valores) o su normativa aplicable - oversees securities markets, fund managers, and market conduct; supervision is through the Comisión Nacional del Mercado de Valores (CNMV).

Recent practical changes in Spain emphasize transparency, cross-border marketing rules for funds, and enhanced due diligence. For residents of the Canary Islands, the Zona Especial Canaria (ZEC) offers tax incentives that can influence PE deal structuring and long-term planning. If you are exploring ZEC benefits, consult with a local solicitor about eligibility and compliance.

Note: The CNMV provides guidance on fund registration, disclosure, and market conduct for private equity and other investment vehicles.

Useful official pathways for legal references include primary law texts and regulatory guidance published by Spain's government sources. The official government portal and the CNMV offer direct access to current rules and practice notes relevant to private equity in Maspalomas.

BOE provides the official texts of Spanish laws, including those governing companies and investment funds. CNMV explains how funds are regulated and supervised in Spain. For Canary Islands tax and economic incentives, Zona Especial Canaria (ZEC) is a key resource.

4. Frequently Asked Questions

What is a private equity fund in Spain?

A private equity fund pools capital from investors to acquire or invest in private companies. Funds are typically managed by a licensed manager and regulated under Spanish investment fund rules.

How do I start a private equity fund in Spain?

Begin with a business plan, appoint a CNMV-registered fund manager, structure the fund as a colectivo de inversión and ensure all investor disclosures and governance terms are in place.

What is a Fondo de Capital Riesgo?

A fondo de capital riesgo is a type of private equity fund focused on investing in risk capital for small and medium-sized enterprises, regulated under IIC rules.

How long does due diligence typically take in Maspalomas deals?

For a mid-sized target, due diligence generally lasts 4 to 8 weeks, depending on data availability and the target’s complexity.

Do I need a local Canary Islands presence for PE deals?

A local presence is not always mandatory, but it can simplify regulatory filings, tax planning, and post-deal governance in the Canary Islands.

Is AIFMD compliance required for private equity funds in Spain?

Yes, if you market the fund in the EU, you typically need to comply with AIFMD through an authorized manager and appropriate disclosures.

What are typical costs for legal counsel in Maspalomas?

Costs vary by matter, but a typical private equity deal can involve 2,000 to 15,000 EUR for initial due diligence and 15,000 to 75,000 EUR for a full transaction in Spain, depending on complexity.

What is the difference between a minority investment and a buyout?

A minority investment gives a non-controlling stake, while a buyout transfers control or majority ownership, with different governance rights.

Can tax incentives in the Zona Especial Canaria affect PE deals?

Yes, ZEC can influence structuring and long-term benefits. A local solicitor can assess eligibility and integration with fund strategies.

Should I hire a Maspalomas lawyer or a Madrid-based firm?

A local Maspalomas solicitor brings valuable local knowledge, contacts, and Canary Islands-specific regulatory insight that national firms may lack.

What is the regulatory path for cross-border private equity investments?

Cross-border investments typically involve due diligence, CNMV registration for funds, and cross-jurisdiction tax and corporate structuring considerations.

5. Additional Resources

• Comisión Nacional del Mercado de Valores (CNMV) - Spain’s regulator for securities markets and investment funds; provides guidelines, regulatory notices, and fund registration information. https://www.cnmv.es
• Boletín Oficial del Estado (BOE) - Official state gazette with the texts of Spanish laws affecting private equity, corporate governance, and investment funds. https://www.boe.es
• Zona Especial Canaria (ZEC) - Canary Islands tax regime offering fiscal advantages for eligible companies, which can impact PE structuring and exits. https://www.gobiernodecanarias.org/economia/conocim/zonas-especiales-canarienas-zec

6. Next Steps

1. Define objectives and budget. Clarify target sectors, deal size, and return timelines to guide legal scoping. (1-2 weeks)
2. Identify target and gather initial materials. Request financials, cap table, contracts, and regulatory filings. (1-3 weeks)
3. Engage a Maspalomas private equity lawyer. Choose a solicitor with local experience in Canary Islands transactions and CNMV-regulated funds. (2 weeks to initiate)
4. Conduct an initial legal and compliance assessment. Review corporate structure, regulatory status, and potential liabilities. (2-4 weeks)
5. Negotiate term sheet and structure. Outline governance rights, warranties, and closing conditions. (1-3 weeks)
6. Draft and execute transaction documents. Prepare sale/purchase agreement, disclosure schedules, and ancillary agreements. (2-6 weeks)
7. Close, implement post-close governance. Transfer ownership, appoint directors, and align with regulatory requirements. (1-4 weeks post-signing)