Best Structured Finance Lawyers in Arona

1. About Structured Finance Law in Arona, Spain

Structured finance in Arona, Spain involves creating tailored financing solutions using special purpose vehicles (SPVs) to pool assets and issue securities. In practice, Spanish and EU rules govern how these SPVs are formed, financed, and disclosed to investors. The aim is to increase liquidity for local businesses while maintaining clear risk and disclosure standards.

In Arona and the Canary Islands, local considerations can shape structuring choices, especially when a project might benefit from the Canary Islands tax regime known as ZEC. Lawyers in Arona advise on how to align SPV design with EU securitization rules and Spanish law to optimize funding and compliance. Working with a solicitor who understands both national and Canary Islands specifics helps avoid missteps that affect tax treatment, regulatory approvals, and investor confidence.

Texto de la Ley 5/2015 de fomento de la financiación empresarial, publicada en el Boletín Oficial del Estado, regula mecanismos de titulización y fondos de titulización.

For EU-level standards, the securitization framework is shaped by Regulation (EU) 2017/2402 and related rules, which Spain implements through national laws and regulator guidance. This framework covers how securitizations are held, disclosed, and supervised across EU member states, including Spain and the Canary Islands. A local abogado in Arona will align SPV operations with both EU and Spanish requirements to ensure validity and market acceptance.

2. Why You May Need a Lawyer

Federal and regional rules create complex obligations when pursuing structured finance in Arona. A lawyer helps you navigate the specifics of SPV formation, securitization documentation, and regulatory compliance.

• You are setting up an SPV in Arona to securitize local SME receivables and need a compliant corporate structure and tax analysis.
• You must negotiate a water-tight securitization agreement with banks, investors, and service providers, including servicing, default, and eligibility criteria.
• You require guidance on EU securitization regulation, Spain’s Ley 5/2015 framework, and how they interact with Canary Islands tax rules such as ZEC.
• You are considering eligibility for ZEC benefits and want to understand conditions, administration, and ongoing reporting obligations.
• You plan a cross-border securitization with EU counterparties and need due diligence, disclosure, and cross-border corporate compliance strategies.
• You face dispute risk over asset transfer, servicing rights, or investor coverage tests and want risk allocation and dispute resolution provisions clearly drafted.

Engaging a local structured finance solicitor helps ensure documents reflect Arona and Canarian specifics while meeting national and EU standards. A lawyer can also coordinate with regulators and auditors to streamline approvals and maintain investor confidence.

3. Local Laws Overview

Spain maintains a national framework for financing and securitization, complemented by regional regimes in the Canary Islands. The following laws and regulations are particularly relevant for structured finance activities in Arona.

• Ley 5/2015, de fomento de la financiación empresarial (30 de marzo de 2015). This law introduced reform measures to facilitate corporate financing, including provisions relating to asset securitization andtitulo-ización funds in Spain. It applies across Spain, including the Canary Islands, with national supervision by the Spanish regulators.
• Reglamento (UE) 2017/2402 sobre titulización, y su adopción por España. Adopted in the EU regime, it governs how securitizations are created, disclosed, and supervised at the EU level, with Spain implementing through national law and regulatory guidelines. The regulation began to apply from 1 January 2019 for most securitization activities.
• Ley 19/2009 y medidas para Canarias y la Zona Especial Canaria (ZEC). This regime provides tax incentives for eligible entities operating within the Canary Islands and is sometimes used to structure tax-efficient vehicles for finance activities. The ZEC status requires compliance and ongoing reporting to retain the beneficial tax regime.

Texto de la Ley 5/2015 y referencias a la titulización en el Boletín Oficial del Estado.

For practical interpretation, Spanish authorities and Canary Islands administration provide guidance on how to implement securitization within the ZEC framework and EU rules. In Arona, a licensed abogado can help ensure instrumentos, disclosures, and reporting meet all applicable standards while maximizing lawful benefits.

4. Frequently Asked Questions

What is structured finance in Spain?

Structured finance uses SPVs to pool assets and issue securities to investors. It enables larger financing with tailored risk allocation and enhanced liquidity. This approach is common for asset-backed securitizations in Spain and across the EU.

How do I start a securitization in Arona?

Begin with a feasibility assessment, then form an SPV, select asset pools, and draft the issuance terms. A structured finance solicitor guides regulatory steps and documentation from inception to closing.

What is an SPV and why use one in Spain?

An SPV is a separate legal entity created to isolate assets and liabilities. It limits investor risk exposure and enables specialized financing structures under Spanish law.

How much does a structured finance lawyer cost in Arona?

Costs vary by case complexity, but expect an initial consultation fee, hourly rates, and possibly a fixed engagement for a project. Ask for a detailed fee schedule before starting.

How long does a securitization process take in Spain?

Simple deals may close in 3-6 months; complex cross-border transactions can take 6-12 months or longer. Timelines depend on asset type, due diligence, and regulator reviews.

Do I need to be a Canary Islands resident to access ZEC benefits?

No explicit residency requirement exists for ZEC eligibility, but eligible entities must meet activity and location criteria and comply with reporting duties.

What documents are needed to begin?

Projections of cash flows, asset descriptions, corporate documents, service agreements, and clear governance terms are usually required. A solicitor will tailor the list to your deal.

What is the difference between a securitization and a traditional loan?

A securitization converts assets into tradable securities, shifting risk and potentially improving balance sheet metrics. A loan finances directly between borrower and lender without securitization mechanics.

Do I need a prospectus for securitization?

Most securitizations involve disclosure documents or prospectuses, depending on the structure and investor expectations. A lawyer ensures proper disclosure and compliance with applicable rules.

Can a local Arona solicitor help with cross-border deals?

Yes. Local expertise helps navigate Spanish and EU regulation, dispute resolution, and cross-border tax considerations relevant to Spain and Canary Islands investors.

Is securitization regulated at EU level?

Yes. EU Regulation 2017/2402 sets core rules for securitizations in member states, including Spain. National authorities implement and enforce these rules locally.

Where can I find official guidance on structured finance in Spain?

Official guidance exists on EU and Spanish government sites, including EU law portals and national regulators. Always verify with updated legal texts and regulator communications.

5. Additional Resources

Access to trustworthy sources helps you understand structured finance in Arona and Spain. The following official resources provide regulatory context, guidance, and official texts.

• Gobierno de España - Portal oficial del Gobierno de España with information on economic regulation and financial supervision. https://www.gob.es
• Zona Especial Canaria (ZEC) - Canary Islands Government - Official pages describing ZEC eligibility, rates, and compliance requirements for canary island entities. https://www.gobiernodecanarias.org
• Regulatory texts and EU securitization rules - Regulation (EU) 2017/2402 and related documents on the EU legal portal. https://eur-lex.europa.eu

6. Next Steps

1. Clarify your financing objective and select the asset class to securitize in Arona, such as local SME receivables or tourism-related revenue.
2. Identify a qualified structured finance solicitor in Arona with experience in SPV design and EU regulatory compliance.
3. Request a preliminary engagement letter and a written scope with fixed milestones and cost estimates.
4. Gather key documents: asset schedules, cash-flow models, corporate documents, and service agreements for due diligence.
5. Draft the SPV and issuance documentation, ensuring alignment with Ley 5/2015 and EU securitization rules.
6. Review tax considerations, including ZEC eligibility if applicable, and obtain a provisional tax assessment from a tax advisor.
7. Execute the transaction plan, monitor regulatory filings, and establish ongoing servicing and reporting protocols with the lawyer.