International Law Firm in Gibraltar and Spain

Isolas

Centro Comercial Mar Y Sol
Local 325-626, Sotogrande
Cadiz
Spain

+34 956 796667

+34 956 796660

www.gibraltarlawyers.com

Contact Selwyn Figueras

Published Articles

Law Firm Overview

Isolas is an International full service law firm providing legal services in Gibraltar. We offer our clients solid professional advice based on experience and expertise. Truly independent, we offer our clients the benefit of commitment, continuity and the close personal interest expected of a long-established law firm. We are consistently ranked as one of the leading law firms in the jurisdiction by major international legal directories.

The nature and variety of the work we undertake provides a challenging and stimulating environment for us to work in. All professionals within the firm are predominantly UK qualified and in addition to solicitors and barristers include chartered accountants, fund administrators, bankers, trust specialists and investment advisors. Our people are what make us different; we believe they are the best in their respective fields. Because of this we invest significantly in recruitment and training to ensure our clients receive the best advice, taking into consideration the practical and commercial realities of modern business. We share a total commitment to our clients because they know that without them we would not have become the firm that we are today.

Isolas has a reputation for combining expert legal advice with commercial pragmatism. Our clients’ interests always come first. If something is not right for you we will tell you. Most of our new assignments come from personal recommendations. We value and work hard to maintain close client relationships, for this reason the majority of our clients engage us on an ongoing basis. Our ability to combine the service ethos of a long established family firm with the resources of a modern legal practice has made us the most dynamic legal firm in Gibraltar, where you will find creative and innovative solutions.

The many unique qualities about Isolas include our dedication to continuity and building client relationships. The legal team you hire will be the one advising you, working with you and for you. The team is responsible for the legal advice, service quality, communication and administrative arrangements between you and the firm. Whether you are a local entrepreneur, multinational corporation, institutional investor or professional adviser, our people will communicate with you with clarity on a regular basis.

Isolas has been established for over 115 years; we know what it takes to be successful. We have been at the forefront of Gibraltar’s legal and political development. We are extremely well resourced. Our experience and resources enable us to think creatively for our clients. We understand the tough competitive world that our clients operate in and they value our ability to deliver fast, accurate and commercially-shrewd legal advice.

Areas of Law

Areas of Law Description

Isolas provides legal representation and services in the following areas of practice:

- Admiralty and Shipping

Gibraltar is one of the premier arrest jurisdictions in the world as a result of its geographical location and use of English admiralty law and practice. Not only can vessels be arrested in Gibraltar, but also, in certain cases, cargo and/or freight. Whilst Gibraltar boasts a large number of law firms, there are very few which have a specialist Admiralty Department. Of these, ISOLAS have more years’ experience than any other firm which makes ISOLAS the number one choice for shipping lawyers in Gibraltar. Credit to our experience and expertise in Admiralty matters is the fact that we are continuously involved in the great majority of shipping disputes in Gibraltar as well as receiving instructions from many of the major London shipping law firms.

- Banking and Financial Services

The Banking and Financial Services team at ISOLAS regularly advises both local and major international banks and other regulated entities on a vast array of matters, from licensing and regulatory issues to lending and day to day general banking business. The team incorporates ISOLAS dedicated MiFID team which has been instrumental in a large number of regulated entities achieving MiFID compliance within the relevant time frames. The team not only understands the Gibraltar industry but also brings an international perspective that accommodates today’s increasingly common cross-border nature of banking and financial services transactions.

- Betting, Gaming and E-Commerce

ISOLAS has a dedicated team of professionals with broad and in-depth experience with transactions, regulation and legal issues facing companies and their suppliers involved in gaming, gambling, betting, lotteries (both remote and land-based) and e-commerce business. The Gaming Team regularly assists companies in this sector, from start-ups and gaming license applications to large corporations, in commercial and corporate transactions.

- Commercial and Civil Litigation

The Litigation Team at ISOLAS offers practical and technical expertise to clients involved in a broad range of disputes. Our Litigation Team offers strategic advice that will enable you to manage disputes and potential disputes effectively. We strive to gain a thorough understanding of our clients’ businesses so that we are in a position to pursue their interests vigorously. Where appropriate we give careful consideration to alternatives to litigation, and we have successfully negotiated a number of settlements through mediation. When recourse to the courts becomes necessary our lawyers offer strong, determined representation to secure the best outcome for our clients.

- Construction

Gibraltar’s construction industry has expanded beyond belief in recent years with British, Spanish, Dutch, and Danish contractors all jockeying position in the property development boom that Gibraltar has enjoyed these past years. ISOLAS has been heavily involved in this construction boom and has enormous experience in negotiating with, contracting for, and representing the interests of those engaged in the construction and property development industries. We have worked with bespoken and standard construction documentation and all aspects of appointments, bonds, warranties and security documentation. ISOLAS is well placed to advise clients on all aspects of the construction industry. Our expertise includes:

• Building contract documentation
• Collateral Warranties and professional appointments
• Performance bonds and parent company guarantees
• Security documentation
• Insurance
• Dispute resolution

- Gibraltar Company Law

ISOLAS has a dedicated team of Gibraltar company law professionals supporting companies on major strategic transactions, regulation and legal issues as well as their day-to-day business needs. The Corporate Team brings disciplined and effective management to large structured deals whilst also remaining flexible and open to innovative opportunities. Delivering commercial solutions for clients across a range of industry sectors and jurisdictions, the Team not only understands the Gibraltar company law framework but also brings an international perspective that accommodates today’s increasingly common cross-border nature of global business transactions.

- Employment Law

The most important asset of any business is its human capital and ISOLAS has long recognized and understood the investment made by a business in its people. At ISOLAS we understand the importance a business places on recruitment, retention and rewarding its most talented people. We guide and advise clients on the practical application of the law from Human Resource function to employees seeking advice on options available to them. We can help clients meet challenges with our committed experienced team of lawyers specializing in employment, employee benefits and pensions who not only pride themselves on their understanding of the legal issues but on their ability not to lose sight of the commercial context. Our expertise includes:

• Employment Contracts & Staff Handbooks
• Variation of employment terms and conditions
• Data protection and workplace monitoring
• Disciplinary and grievance procedures
• Discrimination issues
• Dismissals and redundancies (collective and individual)
• Compromise Agreements
• Executive/Board terminations
• Industrial Tribunal and court claims
• Flexible working and parental rights
• Detached and temporary workers
• Industrial relations
• Trade Unions
• Restrictive covenants
• Pensions
• Share schemes
• TUPE

- Corporate Finance

The Finance market is characterized by its constantly evolving nature and by the highly innovative financing techniques and products developed to adapt to such changes. At ISOLAS, we understand the need to provide expert advice quickly and efficiently and in such a challenging market, our approach is based on identifying clients’ requirements promptly and accurately and adopting a forward-thinking and proactive approach to make sure our clients’ needs are met. Our finance team has a breadth of experience in advising banks and financial institutions in relation to the full spectrum of financial products. Our team have acted for major financial institutions operating at the cutting edge of multi-jurisdictional securitisation transactions, lending, project finance, real estate finance, asset finance, insolvency and restructuring and structured finance completed mostly in Europe but also in the US.

- Funds & Gibraltar UCITS

ISOLAS have advised private clients, family offices and an international base of investment managers on the structuring and set up of Gibraltar based fund solutions. We are regarded as one of the leading Fund teams in Gibraltar, offering a first class and personal service while also developing synergies with our clients in the Funds sector. Our team is able to advise on all aspects of a fund set up and to assist in taking any project from concept through to launch and beyond as well as being able to act as a central reference point for all counterparties to make the procedure seamless. ISOLAS have also advised international firms on Gibraltar fund related issues, and on the promotion of collective investment schemes in Gibraltar as well as the effect of the newly proposed Alternative Investment Fund Manager Directive.

- Gibraltar Residency, Probate & Personal Tax Trusts

Whatever your financial situation, at ISOLAS we appreciate that there are three issues which concern you. Firstly, that you will want as much of your wealth as possible to remain at your disposal during your life; secondly, that you will be keen to ensure that as much of it as possible passes on after your death; and thirdly, that you will want to make certain that it passes on to the beneficiaries of your choice. For a long time our clients have sought to exploit Gibraltar’s unique position as a modern offshore jurisdiction to maximize their chances of achieving this. As Gibraltar’s oldest law firm, no-one has helped their clients accomplish these goals for longer. Our team has vast experience in helping our clients manage, protect and perpetuate their wealth in the most effective and tax efficient manner, taking account of their short term needs as well as their long term goals.

- Trade Mark and Patent Registration

We are instructed on an on-going basis by companies and trademark lawyers worldwide to attend to their trade mark and patent registration needs. Fees are fixed for each stage and we would be happy to provide our Schedule of Fees upon receipt of your enquiry. Origination applications to register a trade mark or patent may not be made in Gibraltar. The Gibraltar Registry will only replicate successful registrations already made in a central registry such as the UK Patent Office, the European Central Registry or in a national registry of an EU country.

- Pensions in Gibraltar

ISOLAS prides itself on being the only law firm in Gibraltar with a specialist Pensions Team. We can advise and support you at every stage of the life of a pension scheme, from selecting which of the options available is most suitable when establishing a new scheme to winding up a pension arrangement. We also provide ongoing support in the form of reviewing and updating scheme rules in the light of changes to taxation and legislation and assisting with any contentious decisions which need to be made. ISOLAS’ experience in this area is unrivalled and ensures that you have the very best advice, based on a firm foundation of legal expertise and a pragmatic, commercial approach tailored to your needs.

- Property and Conveyancing

The Conveyancing Team at ISOLAS boasts a wealth of experience in dealing with residential properties as a result of representing numerous clients in purchasing and selling properties throughout Gibraltar, ranging from low-cost housing projects partly financed by the Government of Gibraltar through to high-end luxury accommodation. Clients are provided with a professional and efficient service which will ensure that their transaction proceeds as smoothly as possible from the initial stages until completion. ISOLAS also has vast experience in dealing with commercial premises, both in the purchase/sale of these as well as advising clients on leases. Having drawn up and dealt with leases for most major commercial complexes in Gibraltar, the Conveyancing Team has extensive knowledge and experience in this area and is able to advise clients on any matter which might arise.

- Property Development

Over the past ten years Gibraltar has enjoyed a boom of commercial and residential property development including an initiative by Government for the re-generation of the old part of the City of Gibraltar. ISOLAS has a wealth of experience in property development and finance and has been involved in almost every project in Gibraltar over that period of time. The work ranges from representing international banks with the financing of the new local hospital to assisting banks with the financing of large and small residential projects, as well as representing developers in the entire process of acquisition, design, planning, construction and dispute resolution through to the completion and sale of these projects to private purchasers.

- Small Business

The ISOLAS small business unit was established during the course of 2008 with a view to helping local small businesses deal with their legal advice requirements in an efficient, focused and small business-savvy manner. Our lawyers have helped many clients through the whole range of legal matters that a small business can face. Everything from registering a business name to filing trade licence applications, as well as assisting with all employment and contractual matters, ISOLAS can assist existing and start-up businesses in with all their legal needs. The ISOLAS Small Business unit can help your small business survive and thrive. Browse through to our News section for plenty of articles dealing with a gamut of small business-related legal matters. If you need a guiding hand or simply a quick chat to find your way, get in touch with one of our small business lawyers today.

- Wills and Probate

We at ISOLAS appreciate that there is no right time to plan for the future so we have in place a dedicated team who will talk you through your options whether you are a Gibraltar national or a foreign national. We aim to provide a high quality, comprehensive and competitively priced service. Our expertise includes:

• Will drafting and updating
• Will execution
• Planning and administration of estate
• Re-sealing of Grants obtained in the United Kingdom
• Trust matters including claims
• Powers of Attorney – general, specific or enduring

- Spanish Law

Established in 2003 to service the needs of ISOLAS' clients in the Sotogrande area, ISOLAS Abogados is a value-added initiative which offers a full range of services in Spanish Law. Our Spanish office is currently operated by two Spanish lawyers with a depth and breadth of experience which allows them to offer a range of services across the entirety of the Spanish legal sphere. Amongst the services ISOLAS Abogados can offer are the following:

• Company Law
• Taxation
• Property Law & Communities
• Family (Separation & Divorce)
• Wills & Inheritance
• Urbanistic Law
• Immigration Law
• Shipping Law
• Criminal Law
• Banking & Financial Services
• Insurance

- .gi Domain Name registration

IDN Services Limited (“IDN”) is closely associated with the oldest established law firm in Gibraltar (ISOLAS) and provides intellectual property consultancy services, specifically in relation to Gibraltar (.gi) country code top level domain names. IDN provides (.gi) domain name registration and maintenance services to its clients, as well as nominee services to the owners of intellectual property rights in certain names who wish to extend their portfolio to cover the Gibraltar (.gi) country code top level. The rightful owners of brand names, etc. can therefore contract with IDN for it to act as .gi domain name registrant on their behalf.

- Gibraltar Trusts

ISOLAS has a long history in the provision of trust services in association with Fiduciary Trust Limited, part of the Fiduciary Management group of companies. Trust legislation in Gibraltar is generally based on the trust law of the United Kingdom; thus Gibraltar recognizes and gives full effect to the concept of the trust. The Trustee Act of Gibraltar is the main governing Act; it is based on the Trustee Act 1893 of the United Kingdom, with amendments being made from time to time. In 1989 Gibraltar introduced the Trusts (Recognition) Act. This applies to Gibraltar the provisions of the Convention on the Law Applicable to Trusts and their Recognition agreed at The Hague on 20 October 1984.

- Wills

The main reason for preparing a Will is to ensure that your assets are dealt with as you want them to be dealt with once you have passed away. There are endless possibilities as to what you might want to happen to your assets at this time. Whereas most people usually leave all of their assets to families and/or friends, many others choose to make donations to registered charities or other causes. Another very important reason for preparing a Will is to make things as easy as possible for those that you leave behind. Things will be difficult enough already, so the last thing that you want is to make this time even harder for your loved ones by having them have to prove that they are actually entitled to your assets.

- Insurance

The Insurance Team at ISOLAS offers procedural and technical expertise for prospective insurance firms seeking to become licensed by the Financial Services Commission, guiding clients through every step of the Financial Services Commission’s formal application process. Our experience and knowledge of Gibraltar’s financial services legislation also enables us to advise clients with regard to all of their on-going legal and regulatory obligations, such as management and control considerations, client account compliance, or risk management and corporate governance requirements under the European Union’s forthcoming Solvency II regime.