Child theme index:
Gabriel Buades wrote a chapter of the book “2017 EBAN Compendium of Fiscal Incentives”

The EBAN (European Trade Association for Business Angels, Seed Funds and Early Stage Market Players) has published a book entitled “Compendium of Fiscal Incentives: Tax Outlook in Europe. Business Angels Perspective. 2017“, a new edition of its annual review by state of the status of tax incentives available to investors in Europe.

Gabriel Buades, a lawyer for the International Desk of the law firm specializing in the New Technologies Law, was responsible for writing the chapter referring to Spain (pages 61 and 62) which discusses aspects related to the taxation of investments and related businesses such as interest rates for income taxes, capital increase, dividends and other tax incentives. Buades summarizes the current situation in which business angels invest through a co-investment or an angel fund in the Spanish market, as well as the impact of tax incentives for these investors.

Generally speaking, this publication reviews the important role of tax incentives when stimulating the activity of business angels and capital investors in the early stages of new companies, encouraging them to diversify their portfolio towards unlisted investments (mainly shares) in innovative, high-growth companies. This fact can significantly increase the set of private individuals ready to make a capital investment in a new company.

The organization that publishes this compendium, the EBAN, represents the commercial interests of business angels, seed funds, and early stage market players at the European level.

Read teh book

Interview with Doctor Manuela García, president of the Col·legi Oficial de Metges de les Illes Balears

In early May 2018, the Electoral Commission of the Col·legi de Metges confirmed your appointment as president of the COMIB. What prompted you to present your candidacy?

After eight years as Secretary General, I believed that, on the one hand, I possessed sufficient knowledge of what the Col·legi de Metges is and, on the other, I was certain that could give a contribution or make an improvement. At the basis of it all was the awareness that there were things that needed improving and having the desire to do it.

What are the challenges and goals you have set yourself during your mandate as head of the institute?

First of all, I aim to make it easier to reconcile one’s family life and professional career. It is true that medicine is becoming more and more feminised and this should become even more tangible to facilitate conciliation, both for women and men. Another important challenge is the linguistic normalisation of collegial communication which, at present, takes place predominantly in Spanish. Our aim is to make it bilingual, so we can communicate in both official languages.

“It is true that medicine is becoming more and more feminised and this should become even more tangible to facilitate conciliation”

With regard to doctors, we have adopted a new approach: the creation of work groups. For example, we wanted to create a group of doctors working in the private sector who do not know about the Competition Tribunal or the Omnibus Law. The idea is that these private sector workers, whether employed or self-employed, can study the measures they can implement within the limits of the law.

A fourth challenge would consist in give the role of the doctor the primary importance it deserves within society. Doctors are the basis of the National Health System and they are starting to be low in numbers, which means we’ll have to promote this role among students. We are thinking of creating a scholarship or an award which focuses on primary health care, aimed at all medical students from the fourth year onwards.

Another option worth boosting is the promotion of assistance for co-workers in unfavourable situations. To this end, we will take steps such as signing a convention with the Proyecto Hombre or facilitating global assistance for doctors’ children. We also wish to boost health by enlisting the help of patient associations and doctors who have retired but have time, knowledge and energy to share. We’ll create meet-ups to discuss topics that concern associations, such as fibromyalgia or diabetes. Registered doctors, even if retired, are often very interested in continuing to provide their support. In addition, in this very same group, we could also promote a healthy lifestyle and activities such as Nordic walking to provide physical and social stimulus.

Finally, we would like to acknowledge the role of the resident mentors more. Up to this point, they have received no recognition and dedicate their free time to this job without receiving any financial reward. We want them to at least be represented on our Governing Board by one mentor with whom this issue can be discussed. In addition, a medical resident in training will also be taken on to represent this collective and discuss any problem that may arise, making the institute a space for sharing.

If you had to make a diagnosis of the current status of the public and private Balearic Health Sector, what would you say?

“That services are often provided at the expense of professionals who are the worst paid in Europe and who dedicate many hours of their free time to their own professional development”

I think that the status of the health service in the Balearics, and the Spanish system in general, is good. It is open to everybody, it is free and it rates highly in terms of appreciation compared to the rest of Europe. The issue is that services are often provided at the expense of professionals who are the worst paid in Europe and who dedicate many hours of their free time to their own professional development. There is a significant personal sacrifice on their behalf.

A topic that many medical professionals are being very vocal about at present is the controversial “alternative medicine” trend, which advocates substituting basic medical treatments with natural remedies or using the healing properties of plants. What message would you like to send to the citizens of the Balearics regarding this topic?

Medicine exists because it is based on evidence and alternative therapies have no place in the realm of science. The collegial medical organisation has a group which studies everything that falls under pseudo-sciences or alternative medicines, because there may be cases in which a specific alternative therapy has a scientific basis. The Col·legi de Metges has always defended methods by backing them with evidence, and it will continue to do so.

Another point of contention at the moment is the approval of the decree which regulates the need to speak Catalan in order to work in the Balearic public health sector. What is the position of the Col·legi de Metges with regard to this and what is the general vibe you are getting from your fellow collegiate members?

Basing my opinion on the medical register of the collegiate members and showing the utmost respect for the official language in which each member wishes to express themselves, it is evident that there is a deficiency on a national level that is not only connected to the language. We have analysed this point, and we have defended this point up to now and will continue to do so: when it comes to doctors accessing positions, Catalan should be a merit, not a requirement. This is the general feeling at the institute. Many doctors do not see the language as being a problem for themselves, they consider it an element used for communicating and carrying out the doctor-patient relationship without problems.

“It is true that the financial resources provided by this cross-border medical services we provide here should also be redistributed within this community”

6. Lastly, the IB-Salut invoiced 27 million Euro last year for healthcare assistance to European tourists. How could this resource be used and promoted – as it clearly helps the public purse – while ensuring that local residents benefit from the healthcare assistance they deserve considering they pay their taxes?

In the case of the Balearics, we would benefit from better healthcare financing, because it is true that our population can reach three times its number. At this time of the year, so-called ‘balconing’ is trending leading to an increase in cases of polytrauma. However, I do not believe that the high amount of assistance to foreigners is to the detriment of residents; the service we provide is identical to all patients, irrespective of where they come from. I believe this is something that the central powers need to be aware of because it is true that the financial resources provided by this cross-border medical services we provide here should also be redistributed within this community.

“We are a reserve of management potential for companies, with most management boards in Mallorca drawing heavily on auditors”

Entrevista a Julio Capilla, del Instituto de Censores Jurados de Cuentas en Balears

Interview with Julio Capilla, president of the Balearic Islands Institute of Chartered Auditors and partner at RSM in Palma

What are your impressions of the last two years at the head of the Balearic auditors?

The previous single-candidate agreement meant that the elections held two years ago were the first elections to be held in many years. My fellow candidates and I were very honoured to be elected by our own colleagues. The challenge began from that moment. Frequent criticism of this profession is born out of a lack of understanding of our occupation, and one of our main responsibilities is to raise awareness so that people know what we do, why we do it and how it makes sense. We therefore welcome interviews and the chance to collaborate with the media. Raising our public profile and increasing understanding of the value we bring to businesses and business transactions is a critical objective for us.

Another objective we have pursued during this period is to maintain ongoing training to all our chartered members as a key element in the provision of that value. In our profession, as in the legal profession, the value to your client is in the service you provide. You can’t provide that value without a solid business background, legal knowledge and knowledge of new technologies, among other things. It is true that the auditor has to be independent of his client, but that doesn’t stop us from offering a helping hand and acting as consultants when a client is interested in new markets, investments, etc. The greater the quality and quantity of training you have received, the more you will have to offer your client.

Finally, we need to know what will happen to our profession in the future. In a study carried out on the state of auditing in Spain, the demographic aspect was illustrated with an inverted pyramid, depicting the loss of many experienced people to retirement over time. We need today’s university graduates to see auditing as a profession with an attractive future in terms of their professional development. Nor is unemployment an issue, because the need we have for human resources is such that the supply outstrips the demand. Every year new auditors find positions in firms.

What is the current situation in the auditing sector in this community and in Spain in general? In other words, what are the challenges and opportunities to be considered?

The first great challenge is the one we have just raised: insufficient incentives for young people. Though they are the future of the profession, young people fail to perceive the advantages of auditing as a career path. We are in fact a reserve of management potential for companies, with most management boards in Mallorca drawing heavily on auditors. We have the advantage that, if you don’t fancy being an auditor, you will be able to find employment anywhere, given the technical value and managerial skills we can offer to companies.

If we want to foster and attract young talent, it must be well paid, and the client must understand that

At the same time, if we want to foster and attract young talent, it must be well paid, and that is something clients must understand. Our work requires many hours and a great deal of training from our audit teams, so the service must be provided at a competitive price. Increasingly, our clients are involved in business projects and complex company operations outside Spain, meaning that we need to be aware of accounting legislation in other countries and many other things, and invest time in study. All of this has an impact on the price clients must pay if they want quality. If we cannot provide a well-paid, quality-assured service, we will find ourselves in the untenable position of being professionals offering our services at low-cost prices. When we sign a report, we are responsible for ensuring that the figures are correct, because inaccuracies could mean problems for our client and the whole audit team. The auditor is the person that guarantees that a company’s figures are correct, for the benefit of the users of that information: shareholders, employees, banks, the general public, etc. That kind of responsibility requires many hours, dedication, and a well-trained team with up-to-date skills. All that comes at a price. Any professional activity that fails to monitor its profitability is doomed to failure, and even more so if quality of service is not made a priority.

Another current threat is the challenge to adapt to new technologies: how to make efficient use of each company’s information, given the immense amount of data increasingly handled by companies, and use the appropriate software for handling this data. Adapting to new technologies allows the auditing profession to be perceived as a sustainable profession delivering superior quality service to its clients.

The profession of auditor is highly regulated, not only by the ICAC, but also by the Bank of Spain and the Spanish Securities and Exchange Commission, among others. There are many public bodies observing the work of the auditor. Following the financial crisis, it was said that a guarantee of transparency was lacking, and the regulations governing auditors were tightened up somewhat as a result. This means that these days it makes no sense for an auditor to work alone. A team of people and sufficient and appropriate structure is needed to meet regulatory requirements and the demands of the market. We are required to be much more competitive and to associate or merge with other companies in the sector. It is a great opportunity for small audit companies that were very much on their own in terms of resources, but now have access to bigger clients through company alliances within our sector.

What should audit companies be doing to get the public sector to be accountable to its citizens with the utmost transparency?

A law relating to the internal control of regional public-sector entities will come into force in July 2018 and is going to require more self-auditing from the public administrations> above all, the town councils and, specifically, their related entities. It is one of the things we have been pushing for, because we believe it makes no sense that local town councils are not audited. Commercial enterprises like Emaya perform audits, but the corporation, the town council itself, has public expenditures for services to citizens which are funded by our taxes, and these are not audited. The town council says it has its own audit which reviews its accounts, but this is done without the intervention of an external auditor who ensures the application of a methodology and set procedures. Moreover, the results or conclusions normally come out only after much delay. If the internal controllers don’t do it, they should externalise part of that function and use external auditors so that citizens can enjoy timely access to information that assures transparency and enables them to find out what their taxes have been spent on.

At the same time, the auditor needs to begin to be seen as a professional with the training and experience to perform operations audits. We see and we visit many companies in both the public and private sectors. That enables us to analyse many procedures and ways of doing things and distil the best practices. We know that, on occasions, the public sector is inefficient, due to duplication of functions and problems with monitoring. These are areas which must be greatly improved, and in which we could put our knowledge and experience to good use. The public sector should be subject to the same requirements as the private sector. The former has existed for years in a situation in which short-term measures are taken without regard to broader reforms that could result in a more efficient, cost-effective and productive public sector.

Entrevista a Julio Capilla, del Instituto de Censores Jurados de Cuentas en Balears

The introduction of criminal liability for legal persons has obliged Spanish companies of all sizes to have a compliance programme. What is it and how does it affect the internal organisation of companies?

There is always a risk that someone will bypass the controls and commit an offence, but that risk must be minimised

A company may have the figure of partner director, sole director, or board of directors, any of which is required to manage the company diligently and with good practices. In recent years, these figures have been embroiled in scandals when they have failed to exercise responsibility in the performance of their duties. Some of these figures signed the particulars represented in the financial statements and later, when held to account in the face of a dispute, they excused themselves saying they just signed the papers they were given. The reality is that the work of a director consists of a bit more than just signing their name; the director is accountable for those figures and how they got there. The most recent amendment to the Capital Companies Act —and this is something that the people at Bufete Buades are well aware of— reinforces the accountability of those directors as a key figure in improving the corporate governance of companies. It is linked to the reform of the Criminal Code, which states that the company must be indicted for an offence; but where the legal person is an entity, that indictment is going to be delegated to the natural persons and the directors, should they be shown to have failed to establish the appropriate controls to prevent certain corporate or other financial offences from being perpetrated in their organisations. The company’s management must ensure that the company abides by the legislation and introduces controls to prevent any possible infringement. In the past, a company director strived to maximise profits, but now what they want is to achieve the best profit, which is not the same thing.

Corporate governance has two premises: meet company objectives, and do so within the applicable legislative framework. Procedures need to be created which demonstrate the reason for every action, that checks are being performed, that there is an internal review process, effectively imposing measures so that, in the event of a failure to comply, nobody is held accountable. Evidently, an offence can be committed in any company, but at least the necessary measures were taken to try to prevent it. The reform of the Criminal Code kicks in if you have not exercised a minimum of diligence in your management practices, and you can be indicted for not justifying and demonstrating that you did everything possible to prevent the perpetration of the offence. If all the necessary measures have been taken, this will be a mitigating factor considered by the judge, in that you have acted appropriately by imposing measures and controls. There is no such thing as zero risk: there is always the risk that someone will bypass the controls and commit an offence, but that risk must be minimised as far as possible.

You have collaborated professionally with Bufete Buades in your capacity as a partner at RSM Spain in Palma. How far does your relationship go back and how would you rate the experience?

We first met professionally a few years ago through clients we have in common: Bufete Buades are our go-to legal consultants, and we are their auditors. We believe in collaboration with other companies that provide professional services, having meetings with them and assigning tasks according to each company’s area of expertise, to the benefit of our mutual clients. Bufete Buades is of the same mind, and this, together with the satisfaction of those mutual clients, is what creates the mutual trust that motivates us to continue to work together.

In our collaboration with Bufete Buades, we provide the auditor’s perspective while they offer the legal view

Another connecting link has been everything to do with what is known as compliance. Joan Buades and Llorenç Salvà saw that companies needed them to advise on introducing models for which the firm supplies the legal assessment, and we supply a methodology of the controls a company must have to prevent offences being committed within it. The problem with compliance is that all companies considered of public interest, like listed companies, are now obliged to demonstrate compliance within a framework of corporate governance requirements, yet non-listed companies are reluctant to introduce it. However, gradually both we and Bufete Buades are working to convince them to see the need and the definitive value they will add to their company by introducing models like these, as well as complying with current criminal legislation.

And that is how we came to join forces with Bufete Buades, working together in an area in which, in order to provide a service, they needed more of an auditor’s perspective and we needed more of a legal perspective on the introduction of compliance models. On occasions, we also work with the firm’s lawyers as independent experts, producing expert reports for lawsuits the firm is involved in.

There is nothing better than mutual trust, a handshake is worth so much more to us, and we see in their offices the same practices we value in our own: rigour, client-oriented operation, helping the client to resolve problems, etc.

What are the coming challenges for you as president of the Balearic Islands Institute of Chartered Auditors?

We want to continue to be very transparent with our chartered members, which is why every year we publish an annual activity report with details of what we have done. It is one of the ways we can be transparent with our associates, with those who voted for us as well as those who didn’t.

Then there is the challenge of training, since we need to do training courses to keep abreast with changes in the legislation. We have a programme in which we do more than 90 hours of training a year. Auditors are obliged to accumulate a minimum of 120 hours every three years, and a minimum of 30 every year. We do 90, much more than the minimum required by law, because we consider it very important. The training is not limited to just accounting, commerce and tax. Increasingly, we offer more training in team management, office management, commercial topics, etc.

We want to continue fostering alliances in our sector, and we have activated a section on our website for posting jobs wanted and jobs offered by firms of auditors

On the question of human resources management, we have to consider that professionals starting out on their career today don’t think the same as I did when I entered the profession. We either learn how to manage this with flexibility —the work-life balance problem can be resolved with teleworking, for example— or we will lose them. We can’t treat them as we were treated 20 years ago. All of this has to be explained to auditors, because they are going to have to do something so that the new generation feels comfortable and doesn’t just leave their offices. It is also important to learn to speak in public, because if you have to take part in a meeting of a board of directors, you must be able to clearly and convincingly explain the results of the audit to the board members, or, in a court of law, ensure that the judge understands you. This is what training is all about, and the challenge is to introduce it into our plans in a way that is appealing.

Another issue is to continue to defend the interests of our chartered members in the event of a dispute. As we mentioned earlier, we also work to continue to foster alliances in our sector, and we have activated a section on our website for posting jobs or opportunities wanted and jobs or opportunities offered by firms of auditors. For example, if someone wants to sell their client portfolio because they are retiring, they can connect with someone who is interested in buying it to expand their audit group or company.

Finally, we set ourselves the two-pronged challenge of persuading the public sector to understand the need for the figure of an external guarantor who attests to the accuracy of their figures, and of convincing the private sector to perceive auditing as another asset, rather than an inconvenience. I would love it if lots of companies would agree to be audited, despite not being obliged to, to open up the market. More and more small companies not obliged to do so are volunteering to be audited to gain credibility with third-party stakeholders, apart from the banks and their partners.

José Carlos González: “Whether we like it or not, the holiday rental market has to be regulated”

Interview with José Carlos González, General Manager of Universal Hotels Group.

A delegation from Bufete Buades attended the Universal Hotels 70th anniversary celebrations on 15 September 2017. What was it like to take part in such an emotive event alongside the Erhart family, and is there any single defining moment that will stay with you?

It would be hard to single out any one special moment: the whole event was very emotive, from first to last. A 70th anniversary doesn’t come around very often, and it was a great pleasure for us to bring together all the generations of the company, our leading partners — including Joan Buades and his son— and the President of the Balearic Islands Regional Government, Francina Armengol.

The company, which currently owns sixteen hotels, has grown and evolved enormously in the 70 years since it was founded by Dr. Alfred Erhart, a pioneer in the organisation of holiday tours. In your opinion, what key factors have been decisive in the consolidation of the business so far and what is it that makes Universal Hotels different?

There are probably numerous factors, but I would begin with hospitality, personal approach and quality service. Secondly, investment in quality and in people, through training and motivation: at Universal Hotels we consider the human team our principal asset, and customer satisfaction is always the goal. And finally, our hotels are uniquely situated right on the beachfront.

Bufete Buades has been advising Universal Hotels for many years and there is a close connection between the two companies. How long has this special relationship existed and what kinds of administrative matters do you entrust to the firm?

Aside from our professional relationship, my friendship with Bufete Buades —and especially with the firm’s founder, Joan— has endured a great many years and generated mutual appreciation. We are of a similar age and I have been with the company for 35 years and, if I remember rightly, we have known each other for more than 25. We have always relied on them for consultation and defence of our interests in relation to all kinds of commercial, planning, administrative and other issues.

One of the keys to consolidating a business is the personal approach, offering a quality service

With an eye to the future, what direction will the group be taking in the years to come and what services or lines of business will be the focus?

The future can be difficult to predict but we will continue to modernise our existing hotels and expect to grow through the acquisition of additional hotels in areas such as Playa de Palma, where we currently have no assets.

The tourist season in Mallorca has been exceptional, according to the visitor numbers and occupancy rates. What is your opinion of the whole debate surrounding the alleged tourist overcrowding and the effects of holiday rentals on the regulated tourism on offer?

I would say that the tourist season has been very good, as it was last season, though I’m not sure exceptional is the right term to describe it. I have information that, in July and August, some hotels were offering promotions because their occupancy rates were not what they should have been for the time of year. In terms of tourist overcrowding and the effects of holiday rentals, I support sustainability of the territory and we all need to agree on the setting of a tourist ceiling. And to do that, whether we like it or not, the holiday rental market has to be regulated and, above all, controlled.

One last question. Based on Universal Hotels’ vision, experience and expertise, how would you define the tourist that stays in your establishments? Do you get a lot of repeat business?

Universal Hotels is proud to have a very high repeat business rate, hovering around 45% every year. We have loyal guests who have been coming back every year for 50 years. Some even come back to the same hotel and book the same room. As I have already said, we put this down to our personal approach, always being available to guests to meet their needs and making sure they are happy during their stay.

Bufete Buades attends Mallorca Zeitung summer event

Mallorca Zeitung, the German-language weekly, hosted its annual summer event at Mhares Sea Club in keeping with long-standing tradition. About three hundred guests were present at the event. Mallorca Zeitung is published by Grupo Editorial Prensa Ibérica, which also publishes Diario de Mallorca.

According to event director Ciro Krauthausen, the event was designed to express appreciation to Mallorca Zeitung’s clients, collaborators and friends for their close cooperation during the first half of 2017. The musicians were the Jon Cilveti duo and cumbia band Rumba Katxai, with Elena Xibillé and Carla Fontes providing acrobatic entertainment. Guests enjoyed a gastronomic feast supplied by the kitchen of the prestigious beach club.

The event was actively supported by Bufete Buades, and the firm was represented by a large contingent including Miguel Reus, Antonio Tugores, Llorenç Salvà, Gabriel Buades, Daniel Olabarria, Marina Villalonga y Francisca Tinschert.

Foto de la fiesta de verano de Mallorca ZeitungFoto del equipo de Bufete Buades en la fiesta de verano de Mallorca Zeitung Foto del equipo de Bufete Buades en la fiesta de verano de Mallorca Zeitung  Foto del equipo de Bufete Buades en la fiesta de verano de Mallorca Zeitung A new website adapted to the needs of current legal communication

It has been a little over three and a half years since the office made a firm commitment to revamp its website and incorporate the emerging channels on social networks into its information dynamics, especially Twitter and LinkedIn.

Now, the time has come to take another step forward and adapt the image, creation of content and the way it is presented, to our new times. The digital environment is a living and constantly changing ecosystem where what is effective today, can become totally invisible tomorrow. Therefore, in addition to the firm striving to open the office doors to an audience that wishes to remain informed and up-to-date about current legal and legislative changes and news, Bufete Buades has carried out a full revamp of its company website.

The new bufetebuades.com website has a modern style where the team´s presence takes centre stage. However, we have not only worked on the appearance. Its browsability and handling are much more comfortable, for example, when it comes to finding information about one or any of the blog authors or the legal speciality areas.

A system of interconnected sections has been developed which makes it possible to access the articles published by one of the legal professionals from the lawyer´s own information page or from the speciality area section and the other way round too, allowing you to visit the information page of the text´s author from the post itself. In order to complete the resource location function on a page, an advanced search engine has been provided which makes this task a lot easier.

On a visual level, the different sections of the website have smooth mini animations that simulate the user´s engagement enabling them to discover more content that may be of possible interest to them. At the same time, an options panel and very complete site map have been designed, making it possible to access multiple sections with a single click.

The comfortable reading of legal articles and the connection between them is another of the aspects that work has been carried out on. For that purpose, a browsing system has been implemented, making it possible to do so without distractions between the different articles (infinite scroll). Ultimately, we now have content structure that is much more comfortable and consistent with the SEO requirements in operation at present. Lastly, in terms of browsing speed, the opportunity has been taken to migrate the website to a Linux server, quicker and more secure for the WordPress platform, which is used to manage the creation of content for this new channel.

Our colleague Mateo Juan is publishing the book “How to Recover Escrow Money for the Purchase of a House under Construction”

The legal publisher SEPIN recently published a book written by our colleague Mateo Juan entitled “How to Recover Escrow Money for the Purchase of a House under Construction”. The book begins with a fun prologue by the director of the office, Joan Buades, who comments on the predictable historical framework of the late 60s, as well as the unusual fact that a law enacted in 1968 (Law 57/1968, of July 27, on collection of escrow in the construction and sale of houses) has remained in force until well into 2015.

In the body of the study, we analyze in depth one of the oldest problems, and at the same time on of the most controversial problems, related to the litigiousness of the agencies. We refer to those cases in which, either due to real estate fraud, insolvency of the developer, declassification of the land or by any other circumstance, a housing construction project cannot be completed and buyers who had made a down payment on the purchase price do not get their money returned.

How can this money be recovered? How does the developer and its public relations people respond? To what extent can the financial institution where the escrow money is deposited be held responsible for the return of those funds? What should the buyer do to prevent this unpleasant situation from ultimately leading to the irremediable loss of his money? All these issues are dealt with from a practical perspective, offering an up-to-date view on how this social issue has been addressed in the judicial arena. Also included is a section on “Precautionary Tips for Buyers” which sets out eight guidelines that can be followed to avoid the loss of invested capital.

Finally, the study closes with a section of jurisprudence notes selected and ordered by subject, which may well serve as a guide for professionals who are faced with these types of controversies. We consider that from the technical basis that is appropriate to any legal book, the author has managed to expose the current situation of scientific and jurisprudential doctrine in a realistic and schematic way, with continuous references to judicial precedents, which will allow the reader to easily approach this subject.

Bufete Buades attends First Mallorca “Passion Magazine” launch

Escena-fiesta-First-Mallorca

Daniel Olabarria and Gabriel Buades, members of Bufete Buades’ International Desk, represented the firm at the Port Adriano launch of the new magazine “Passion Magazine”, published by the estate agents First Mallorca.

The new magazine was launched in the presence of over 500 guests, including a wide range of property professionals and investors. As well as the launch itself, guests were treated to fabulous food and live music.

Bufete Buades would like to thank Heidi Stadler and the First Mallorca team for the invitation to the event, and we wish them all the very best with this new publishing venture,”Passion Magazine“.

Joan Buades and Juana María Canals share their business experience with Banca March Chair students

Bufete Buades’ Director Joan Buades was invited by the Banca March Family Business Chair to give a conference to students of Family Business, as part of a course offered during the final year of the degree in Business Administration.

Joan Buades was joined on the platform by Juana María Canals, Head of Outsourcing for the Angel24 company. The speakers were clearly very much on the same page as they shared their insights and experiences at the head of their respective family businesses with around fifty students during the hour-long session.

The final part of the session was reserved for questions from the students and led to a richly informative dialogue filled with the speakers’ personal experiences and lessons learned during their professional careers.

Interview with Dr. Juana Maria Roman, president of Fundació Amazonia

Dra. Román: “Luchamos para que estos niños tengan la oportunidad de serlo y tengan la posibilidad de elegir su propio destino”

Dr Roman: “We are fighting to ensure that these children have the opportunity to be children and be able to choose their own destiny, as our children do”

For those who don’t know you, Dr Roman, how would you define yourself and your career as a doctor?

I am a paediatrician. I studied medicine at the University of Granada, did my doctorate in Barcelona and then interned at a hospital in northern Germany for a year. After that, I completed postdoctoral stays abroad, particularly in the United States. When I returned, I began working at Son Dureta and had the privilege of being the first woman in Spain to be appointed Head of Service, of the hospital’s paediatric unit in this instance, a role I fulfilled for many years until I retired.

Another highlight of my career was being invited to join the Spanish Royal Academy of Medicine in 1978 and so becoming the first female member of one of Spain’s highest academic institutions; Carmen Conde was the second woman to do so when she became a member of the Royal Academy of the Spanish Language in 1979.

How and when did you first feel the spirit of solidarity that drives you to take care of children and adolescents in disadvantaged countries?

I began my journey in the world of cooperation 25 years ago in the Brazilian Amazon, hence the name of our foundation: Fundació Amazonia. We developed many health projects there because the child mortality rate was horrific and the sanitary conditions were appalling. We created health centres and, eventually, everything came together in the opening of what is now a fully operational hospital.

The second critical stage of my development in cooperation coincided with the aftermath of Hurricane Mitch in Central America. I was sent to the sight of the disaster by the Balearic Islands regional government to identify and implement important victims’ assistance projects.

What projects is Fundació Amazonia currently involved in?

Currently the foundation is in a third phase entirely focused on Bolivia, the poorest country in Latin America with the highest child mortality rate continent-wide. We have begun to work with the Bolivian street children in a project that we are currently developing on a humble yet ambitious scale. We have a home for 80 street children who were homeless and living in an environment of extreme poverty, where they tended to be exploited and marginalised. At the same time, we have a home for girls from environments with extreme social conditions, and nurseries in very depressed areas. We have set up a nursery in a prison to care for children who, though they are innocent of any crime, are incarcerated in subhuman conditions for crimes committed by their parents. It is the first nursery to exist in a Bolivian prison. Another of our projects is a bakery workshop where we train bakers. We call the project “From street-life to real-life” because, as the name suggests, we are concerned with the whole process: habitat, shelter, nutrition, support, schooling, vocational training, etc. We currently have six children at university, kids who were alone on the streets and are now students of architecture, for instance.

It is very intense, very hard work. In the past, we could count on state aid for this, but 1,200 million euros were cut from international cooperation in 2012 and we were left with zero funding. As a result, we are funded by our members and donors and whatever funds we can generate using our own resources. We make presentations at all the trade fairs and conventions that come up and, in fact, this last centre came out of a project sponsored by a Swiss foundation.

We set ourselves the challenge that in ten years these street children would have disappeared from the streets of the city [Sucre]. And they really are going to disappear, because we have been engaged in the programme for seven years now and when we go out on the streets there are no longer children in those conditions, they have almost disappeared. We have 80 children in our programmes, some of them now at university. Our motto is “We can because we believe we can”, and this is truly an ongoing project.

Our ultimate objective is to reduce human suffering for these children who have been unfortunate enough to be born in a world so unjust; to fight to give them a chance so that at some point, like our Spanish children, they can choose their own destiny and cease to be slaves; to ensure they don’t have to clean shoes or windows at eight years old and do have the chance to be children, not the miniature adults they are now, lost and ignored on the streets.

What support does Fundació Amazonia receive and how are projects like those in Bolivia organised and carried out?

Our group of volunteers is very important and, in fact, we receive more applications than we can accept. We hold concerts with the UIB [University of the Balearic Islands] in Palma and with the Complutense University of Madrid. A placement on a programme like ours in Bolivia has a tremendous impact on a volunteer. Meeting reality face to face marks a before and an after in their lives. Many of them are young, full of enthusiasm, maybe a bit spoilt, but they come back having experienced considerable personal growth.

We also have a section for sponsorship of children by children, which is unusual. Spanish children sponsor a Bolivian child of their own age and it raises their awareness, they have their photos at home and they actually worry about how they are, whether their sponsored child might be cold or need some shoes, and they will administer their savings or their birthday money to be able to buy them what they need. In this way, children develop a spirit of solidarity, something which is not so easily acquired as an adult. And lastly, we are organising a party on 1 June in the Palacio March or people to get to know what we do and contribute whatever they can. We are being donated the use of the palace for the occasion.

Dra. Román: “Luchamos para que estos niños tengan la oportunidad de serlo y tengan la posibilidad de elegir su propio destino”

The era of public financing of NGOs seems to be at an end. How can private initiative be involved in the task?

One message I would like to get across is the issue of companies and collectives taking part in projects. The traditional concept of charity is finished. Everything has evolved: globalisation, new technologies… When I think about offering a project to a company or entity, what I think about is offering the opportunity to be involved, the satisfaction of making a tangible contribution to a specific endeavour or action, going beyond the simple handouts of the past. We are currently developing a solidarity nursery, for instance, and the project, like all our projects, is defined and coordinated to perfection, and I offer them the opportunity to be a part of it, to make their own modest contribution, and they are asked how they want it to be, what ideas they, as patrons, have thought of, so that these can be considered and included in the development of the project. Our projects are totally transparent and anyone taking part in them can find out at any time what stage the project is at and what steps are scheduled to follow.

As well as all these contributions, there is considerable tax relief, and ultimately the name of your company is there on a plaque acknowledging your contribution, because we only really act as intermediaries. Being involved and making an active contribution is thoroughly gratifying for companies applying the principle of corporate social responsibility, and for private initiative in general.

An indelible memory or testimony that stands out for you from all these years of commitment to solidarity.

I have an indelible memory associated with this Bolivian phase, which explains why we devote our efforts to the street children. I arrived in Bolivia and was staying in a hotel. I am a very early riser and I love to wander around the streets. I got up at six in the morning and went out for a walk around Sucre, the old capital. The streets were silent and deserted until I got to a plaza where there was a tremendous commotion and ambulances and I asked what was going on. They told me: “A boy has died.” I had the good luck or the misfortune to see that boy there on the ground. These children seek out shelter to sleep at night: the Altiplano is intensely cold with extreme temperatures. They shelter in ATM lobbies or they climb up into the trees, which have bushy canopies and plenty of foliage. That boy climbed up into the tree, went to sleep and fell to the ground. The image of the boy on the ground disturbed me so much that I said to myself, “This cannot be,” and decided there and then that I would do the impossible to prevent it happening. The experience has haunted me ever since, in its contrast with the lives of our children in the western world.

Some time later I wrote a book, The Flowers of my Sobs, which relates the impact I experienced when I discovered Bolivia, where hydrocarbons are valued more highly than children. It is a developing country, with a growing GDP and cities that are changing for the better, though huge inequalities exist between the upper middle class and the poor. In Bolivia, children are still a scourge, and they have no vote. Many of them are of indigenous origin and are caught in a spiral of extreme poverty.

How and when did your relationship with Bufete Buades begin?

Teresa is my niece by marriage and the fact of being your nephews’ paediatrician gives you a certain sense of familial ancestry. I am very fond of Joan and Teresa and the special relationship persists despite not seeing each other very often. Teresa, who is a truly remarkable, kind-hearted woman, was all set to come with me on one of the association’s first trips, but ultimately it was impossible for her to go. We are delighted to be able to look forward to her presence at our next event, which she has already confirmed she will attend.