Post by account_disabled on Feb 25, 2024 4:31:08 GMT
In the end “ we find a very specialized Criminal Law . This forces us criminal lawyers to know well what Commercial Law is, also what is related to bankruptcy and insolvencies, as well as to know well the tax problems in companies that can also be a crime on certain occasions. Everything has evolved and companies have advisors specialized in criminal practice to maintain their legal security.”
Regarding the bankruptcy reform of Law 16/2022, which is now celebrating its anniversary, Vicente Tovar recalls the treatment given to negligent bankruptcy . Not too many have been seen, but some of Fax Lists them can lead to criminal proceedings , especially if it is shown that this bankruptcy has been carried out fraudulently to harm creditors. This means that both the companies in a situation of insolvency and the offices that manage these restructurings work side by side with us criminal lawyers on these issues.”
Other issues that can end in criminal offenses are corporate crimes “there may be problems in some societies and at certain times someone wants to benefit from the rest. In these types of situations, demands arise from the rest of the partners or from the company in order to protect themselves from the dissident partner. Also the problems of the company's administrators can end up in court ”, he points out.
Regarding compliance advice , he reveals that “ the various modifications to the Penal Code have created compliance obligations in companies , both large and SMEs. In this sense, my experience in these compliance issues, where I advise different companies and even a First Division Football club, will be key to developing compliance models tailored to the companies that are advised by RSGM and require, as well as the regulations related to reporting channels and the whistleblowing directive, already implemented in Spain.
This lawyer is aware that when working at RSGM, a legal boutique highly specialized in bankruptcy and corporate matters, “the criminal area is key right now with the latest regulatory changes. So you have to be very aware of unfair administration ; corporate crimes, punishable insolvencies or punishable uprisings. Nowadays, filing a complaint against a director for a corporate crime is more common than you think.”
Vicente Tovar held the position of magistrate for 20 years in different courts in Andalusia and Catalonia and, after practicing as a lawyer in two recognized firms, he founded his law firm. He has a degree in Law from the University of Granada and has a postgraduate degree as an Expert in Corporate Criminal Law from the European University of Madrid. He has also been a professor in the trial area of the Spanish Judicial School.
The new partner has intervened in numerous procedures for economic crimes or crimes related to business activity. Among others, he has advised on such relevant cases as the complaint against the Ruiz Mateos family for the promissory note scam, in the Andalusian ERE case and in the Black Cards complaint.
With the incorporation of Vicente Tovar to the RSGM Abogados team, the firm strengthens its services in Criminal Law at a national level with headquarters in Madrid.
“The incorporation of Vicente is the first step of an alliance that will help us consolidate the firm in Criminal Law. Vicente's experience and extensive knowledge as a member of the judicial career will undoubtedly be of great value to our clients,” comments Alejandro Rey, co-managing partner of RSGM Abogados .
For his part, Vicente Tovar highlights that joining RSGM Abogados as head of Criminal Law at the firm "means a personal and professional challenge that fills me with excitement and that will help consolidate my practice in Madrid."
Regarding the bankruptcy reform of Law 16/2022, which is now celebrating its anniversary, Vicente Tovar recalls the treatment given to negligent bankruptcy . Not too many have been seen, but some of Fax Lists them can lead to criminal proceedings , especially if it is shown that this bankruptcy has been carried out fraudulently to harm creditors. This means that both the companies in a situation of insolvency and the offices that manage these restructurings work side by side with us criminal lawyers on these issues.”
Other issues that can end in criminal offenses are corporate crimes “there may be problems in some societies and at certain times someone wants to benefit from the rest. In these types of situations, demands arise from the rest of the partners or from the company in order to protect themselves from the dissident partner. Also the problems of the company's administrators can end up in court ”, he points out.
Regarding compliance advice , he reveals that “ the various modifications to the Penal Code have created compliance obligations in companies , both large and SMEs. In this sense, my experience in these compliance issues, where I advise different companies and even a First Division Football club, will be key to developing compliance models tailored to the companies that are advised by RSGM and require, as well as the regulations related to reporting channels and the whistleblowing directive, already implemented in Spain.
This lawyer is aware that when working at RSGM, a legal boutique highly specialized in bankruptcy and corporate matters, “the criminal area is key right now with the latest regulatory changes. So you have to be very aware of unfair administration ; corporate crimes, punishable insolvencies or punishable uprisings. Nowadays, filing a complaint against a director for a corporate crime is more common than you think.”
Vicente Tovar held the position of magistrate for 20 years in different courts in Andalusia and Catalonia and, after practicing as a lawyer in two recognized firms, he founded his law firm. He has a degree in Law from the University of Granada and has a postgraduate degree as an Expert in Corporate Criminal Law from the European University of Madrid. He has also been a professor in the trial area of the Spanish Judicial School.
The new partner has intervened in numerous procedures for economic crimes or crimes related to business activity. Among others, he has advised on such relevant cases as the complaint against the Ruiz Mateos family for the promissory note scam, in the Andalusian ERE case and in the Black Cards complaint.
With the incorporation of Vicente Tovar to the RSGM Abogados team, the firm strengthens its services in Criminal Law at a national level with headquarters in Madrid.
“The incorporation of Vicente is the first step of an alliance that will help us consolidate the firm in Criminal Law. Vicente's experience and extensive knowledge as a member of the judicial career will undoubtedly be of great value to our clients,” comments Alejandro Rey, co-managing partner of RSGM Abogados .
For his part, Vicente Tovar highlights that joining RSGM Abogados as head of Criminal Law at the firm "means a personal and professional challenge that fills me with excitement and that will help consolidate my practice in Madrid."