BUSINESS CONSULTING

Strategies with analytical capacities, global outlook and an innovative approach to create and implement, together with our clients, the strategic challenges and specific management control panels that are custom made to suit the real needs of each company.

We use our analysis capacity, overview, innovative approach and management methodologies. Qualities that are part of our strategic models that help organizations get measurable results. This includes aspects such as:

• Business strategy
• Corporate portfolio optimization
• Corporate growth policies (organic and via acquisitions)
• Project management
• Internationalisation
• Cost reduction and resource management programmes

We build up long-term relationships, to create effective strategies together. We work side by side the CEO, Board of Directors or Management Committee to support them as external advisors, helping them make decisions and providing them with the necessary tools and indicators to run the company.

General and financial tax status
Aquami provides consultancy in the international, national and local tax areas, for mergers and acquisitions, due diligence processes, negotiations and contracts, project financing, etc.
We collaborate in the fiscal policy design of corporate groups with special emphasis on family businesses. Our tax experts also advise on accreditation of deductions for R&D+i, equity and not-for-profit entities and on all types of issues related to patronage incentives. We also specialise in good corporate governance and the good tax practice code.

International taxation
We provide consultancy on foreign investment transactions to a significant proportion of clients with international profiles.
The application of international double taxation agreements and issues related to international corporate investment and business development structures often entail problems, difficulties and challenges that tax lawyers deal with on a daily basis.

Tax-related proceedings and litigation
Legal management of tax-related proceedings is a fundamental practice in the area. These proceedings include actions of a litigious nature (inspections and tax reporting requirements, economic-administrative and contentious appeals and claims, defence of clients in financial criminal proceedings, particularly in cases of offences against the Tax Agency) and non-litigious procedures (submission of queries to the Directorate-General for Taxation, assistance in drafting documentation related to transactions with associated enterprises, transfer pricing agreements, etc.).

Property tax and local taxation
Aquami’s Fiscal and Real Estate areas work in close cooperation and consultation. We also have extensive experience in property conveyance and acquisition transactions, financing of real estate projects and all local tax-related questions.

Family business taxation
In addition to specialising in tax consultancy directly related to legal structures focusing on the management, continuity and transmission of family businesses to future generations, Aquami specialises in the provision of international multi-family office legal services and the architecture of international assets.

Corporate law is one of Aquami’s strongest areas thanks to our experienced, highly qualified team. The area is composed of experts providing counsel to the modern company in all phases of its corporate life:

• Incorporation of companies
• Amendment of articles of incorporation
• Board secretariats
• General meetings
• Corporate reengineering
• Directors’ duties and responsibilities
• Agreements between partners
• Capital increases and reductions

Our experience in this area means that we are constantly advising organisations on corporate governance issues. Our highly-specialised team provides a wide range of services and comprehensive consultancy on all aspects related to corporate governance:

• General meeting and board regulations
• Corporate governance reports
• Good governance codes
• Electronic voting
• General and strategic consultancy to the board of directors and its committees
• Remuneration of directors and senior managers

Along with taxation, commercial practice is the key factor in the development of Aquami. Our team of experts provides services to domestic and international companies and specialises in consultancy with companies and individuals on all kinds of business, financial and commercial transactions.

Naturally, we also provide consultancy on the more general aspects of commercial law, those shared by all commercial practice areas and business sectors (general contracting, company incorporation and winding-up, book keeping, agency contracts, etc.).

Aquami’s mastery and experience in this area is based on the capacity and competitiveness of our qualified experts, the experience of our lawyers and the intense, continuous training of all personnel.

Aquami’s team of lawyers has an outstanding track record and deep knowledge of the interests and benefits of complex debt restructuring and refinancing transactions. This means that our consultancy on restructuring processes is robust, comprehensive and covers all phases from the initial feasibility study to drafting, negotiation and closure of phases of the reengineering or refinancing documentation.

Here at Aquami we advise organisations on numerous issues related to questions of reengineering and insolvency:

• Company and group reengineering
• Refinancing and debt restructuring
• Advice in the pre-bankruptcy phase
• Negotiation with banks, other financial institutions or distressed debt funds
• Stand-still agreements and bridge loans
• Structuring of collateral packages
• Acquisition of distressed assets and debt
• Dation in payment
• Debt capitalization

Aquami provides its clients with a high-level service on merger and acquisition-related aspects. Aquami has a proven track record in financial issues and creative formulas for structuring transactions in which our lawyers have had outstanding success in particularly complex or innovative operations.

Aquami’s capabilities and experience in this area include the following:

 Acquisitions

• Acquisition of all kinds of private companies through outright purchase, merger, capital increase, etc.
• Turn-arounds, restructuring. Advice on investment for companies in financial difficulties (distressed M&A).
• New investments in any phase of the company’s life (bolt-on acquisition).

Structural changes

• Merger, spin-off, global transfer of assets and liabilities, domestic and cross-border.
• Corporate and group reengineering.
• International transfer of registered office.

Corporate

• Corporate consultancy. Secretaries of boards of directors.

Divestment

• Consultancy on sale to industrial companies or other entities.
• Alternative divestment strategies: return of contributions and other forms of capital restructuring.

The specific Family Business and Private Client area managed by Aquami has specific, well-trained knowledge of the idiosyncrasies of family businesses and the adversities that can affect family and private assets.

Aquami’s capabilities and experience in this area include the following:

Tax Law

• Taxation of investment transactions and reorganisation of the family business: property transactions, project financing, reengineering transactions.
• Planning and consultancy on internationalisation of the family business.
• Consultancy for corporate reorganisation transactions: separation and reimbursement of contributions to members.
• Succession planning and advice on generational relief.

Private Law

• Consultancy on family agreements and protocols throughout the design, negotiation, drafting and implementation process.
• Consultancy on inheritance, both for drafting wills and inheritance agreements and performance of hereditary judicial and extra-judicial settlements.
• Preparation and drafting of marriage certificates and cohabiting agreements.
• Corporate law including all corporate governance-related issues, incorporation of companies, amendment of articles of incorporation, board secretariats and agreements between partners.

Public, Procedural and Arbitration Law

• Corporate conflicts including challenge of corporate agreements, disputes between shareholders, execution of para-corporate agreements and exercise of liability actions against directors.
• Contractual and non-contractual civil liability actions in all their various forms.
• Inheritance discrepancies including all kinds of court proceedings.
• Procedures on the validity, interpretation, execution and resolution of civil and commercial contracts.

Aquami has a solid, proven track record in the property and construction markets in Alicante and Murcia.

Development, investment and financing of real property projects

• Design of legal and tax structures for the purchase, sale, investment and management of property development projects.
• Consultancy for property developers during the entire development and construction process, preparation and negotiation of sales, leasing and management contracts and in the real estate project acquisition process:
• Legal due diligence
• Sale of land
• Contracts for sale of the real estate project
• Project management, architecture and construction contracts
•  Financing
• Ownership, leasing and asset management
• Sale of real estate project developments to institutional or private investors, real property funds or end users.
• Contracts for financing the development and sale of real estate projects.
• Monitoring, refinancing, restructuring and execution of bonds and guaranties

Aquami provides consultancy to companies in the ICT sector (technology companies, Internet service providers and software developers, etc.) and to many other companies in various IT-related sectors.

To general consultancy in drafting, reviewing and negotiating outsourcing service contracts we add the option of the prior commercial structuring that outsourcing may require and other particularities that these contracts may entail:

• Contracts for licensing, assignment, distribution and provision of software and databases.
• Contracts for maintenance, hot-lines, service level agreements and training.
• Contracts for technical consultancy, development and integration, implementation, migration and installation of IT systems.
• Outsourcing contracts.
• Hosting, document management and ASP contracts.
• Contracts for the distribution, supply, sale, renting and leasing of hardware.
• Software taxation.

Our qualified experts know the venture capital sector in depth because we were pioneers in the Province with the incorporation of Next Capital Partners, the first venture capital fund and manager in Alicante.

Aquami’s clients benefit from our extensive, proven track record in mergers and acquisitions (M&A), divestment and other financial matters, especially in the design of creative formulas for structuring domestic or transnational transactions.

The synergies generated by the constant work and collaboration with our other areas and offices place us in a privileged position to cover all aspects of a venture capital operation. Aquami’s capabilities in this sector include the following:

• Investment structure and fundraising.
• Consultancy for general partners and limited partners,
• Acquisitions of all kinds of companies by outright purchase, merger, capital increase, etc.
• Control and strictly financial transactions for leveraged buy-outs, management buy-outs and management buy-ins.
• Acquisition financing.
• Incentive plans for management teams.
• Advice on divestment for sale to industrial companies or other venture capital firms. Alternative divestment strategies: return of contributions and other forms of capital restructuring.

Financing technology projects and start-ups is one of the areas in which Aquami has an outstanding track record.

The following are some noteworthy aspects of our work in the project financing sphere:

• Project structure design including the contractual, fiscal, environmental and regulatory analyses, etc.
• Drafting and negotiation of the project contract (also of the construction, supply and subsequent sale contracts deriving from the created product).
• Due diligence of the corporate, contractual, environmental, regulatory and fiscal aspects of the project and drawing up the associated reports.
• Drafting and negotiation of the commissioning letter and financing term sheet.

Experts in making dreams and expectations of growth come true. Providing strategy, experience, method –and even more importantly, ideas and relationships-, which help turn the business project into a great success.

Not only do we provide experience and method; we guarantee sustainable growth and real business success. We also work with business schools, public authorities and financial institutions (funds, venture capital, business angels and family offices), which helps implement effective solutions in record time.

The innovation, the ability to manage and the talent is what distinguishes a true leader. Our specialization, contacts and extensive knowledge of the Alicante province business network, enables us to select the best candidates for the specific needs of each company.

If you are an executive, you can be included in our database to take part in the selection processes that are regularly organised for our clients.

Sometimes business development requires specific training that not all companies have. AQUAMI provides a professional team with the skills needed to support and help the management of SMEs make decisions, improve their structure and provide specific experience and training.