Partner and chairman of the Board of Directors
In particular, the Insurance Law team deals with the following matters :
Part of the Commercial Law Area but also actively involved in the Tax and Litigation Practice Areas (among others), the Insurance Law Practice advises on virtually the entire set of issues related to Insurance and Reinsurance Law, particularly in corporate transactions involving insurance and reinsurance companies but also developing and interpreting insurance and reinsurance contracts, private insurance brokerage, and representing clients in their dealings with the Spanish industry’s regulator and watchdog.
Roca Junyent has assisted in operations involving the acquisition of insurance companies, the setting up of joint venture structures, and in insurance banking operations, representing clients in negotiations and producing the requisite contracts and other legal documents. The Firm also holds an enviable track record monitoring procedures leading to the administrative approval of such corporate transactions and in complex cases instigated by the regulator against insurers under stress, appearing in court if necessary.
In 1996 the Firm’s Chairman, Miquel Roca Junyent, was appointed ombudsman of the insured (defensor del asegurado) by a major insurance group in Spain, allowing the Firm to gain a broad understanding of the array of conflicts likely to arise between insurers and the insured in the construction of insurance agreements.
Specifically, the Insurance Law Area advises on the following range of matters:
- Acquisitions, sales, mergers, and spin•offs involving insurers and reinsurers.
- Acquisitions, sales and mergers of insurance brokerage businesses.
- Acquisitions, sales and mergers of pension funds management corporations.
- Joint venture arrangements and insurance banking structures.
- Transfer of insurance portfolios.
- Regulatory issues related to corporate transactions.
- Preparation of all types of insurance contracts, including life, accidents, carriage, industrial, civil liability and maritime.
- Distribution agreements (brokerage, agency and partnership).
- Regulatory: authorisation, intervention, inspection and sanction proceedings; matters related to the rights of establishment and to the free provision of services.
- Insurance contracts litigation.
- Ongoing and recurrent tax advice to insurers across the whole spectrum of insurance types, with a particular focus on health insurance.
- Advice on the tax implications arising from operations involving insurance, pension plans, corporate and restructuring transactions of insurance companies.
- Advice on the inheritance tax implications arising from insurance transactions, with a particular focus on questions of territoriality.