Introduction

What is the difference between an abogado and a notary? Who is a gestor and what does an asesor fiscal do? Does a notario only rubber stamp documents? Most foreigners, especially those taking up residence, will meet at least one of these highly regarded professionals, so it is important to know what they do.

Abogado

There are many people engaged in the highly respected profession of a solicitor/lawyer who in Spain is called an abogado. They are admired for their ability to deal with Spanish law, where complex legal, procedural and administrative issues can bog down everyday affairs. It is best to deal with an abogado who speaks English well. In legal situations a working knowledge of Spanish is not good enough.

What do they do?

• Upon buying a property they will handle everything from drawing up the initial contract through to accompanying the purchaser and seller to the notary’s office. They will check that nothing is wrong by making sure that there are no outstanding debts on the property and that non-standard clauses, designed to catch the unwary, do not appear in the contract.
• Where an off plan purchase is involved they will again check the contract and ensure that stage payments, which are common in this case, are correct.
• They will act with a poder (power of attorney) to buy and sell.
• They draw up wills and distribute the estate on death.
• They do everything that a UK solicitor could do from divorce through to criminal proceedings.

 

Generally, the fees charged are less than those of the equivalent in the UK. The Colegio de Abogadaos publishes a list of minimum fees that can be charged. The legal profession is a competitive business and most of the time a client is charged a minimum fee.

The relationship between an abogado and a notary (see later) needs some explanation. A notary will register a document provided it meets all the necessary legal criteria. They may even give some advice to the abogado on, for example, drawing up wills. But it is the abogado who, in the first instance, considers for the client all the legal options, draws up the documents to be registered and explains the legal ins and outs.

Asesor Fiscal

This is an accountant for people running a business and for anyone resident or non-resident who declares any income tax to the Hacienda. They are used by anyone not wanting to complete these tasks personally for there is no legal requirement to employ an asesor fiscal. Only a foreigner afflicted by the noon day sun would attempt to fill out tax forms and, since taxes have to be assessed for everyone, almost everyone has an asesor fiscal. A good one will always keep the client informed of tax regulations and legitimate ways of reducing any tax liability.

Gestor

A gestor acts as an intermediary between Spanish officialdom and the general public, being a registered agent dealing with government departments. It says much about the Spanish way of life that such a person is necessary to deal with its bureaucracy.

They are competent, highly qualified administrators but what do they do? For the Spanish they simply deal with the complicated mass of paperwork. For foreigners they do the same, in a country where the language barrier, a new culture and complicated procedures cause additional problems. Some of the tasks covered by a gestor are:

• application for NIE and residency;
• gaining entry into the Spanish health system;
• dealing with the payment of car tax, car transfer tax and other car related matters;
• help in setting up new businesses.

 

A gestor does no more than a member of the public can do themselves, but they do it for a number of people who have paid to have it done efficiently. Some people say, rather sheepishly, that a gestor is employed by people who have more money than time! But they know the ins and outs of the system and get the job done. State bureaucrats like a gestor too, as they know all the forms will be completed correctly.