We practise law in Spain through the general partnership of Allen Overy Shearman Sterling, a non-resident entity with an address at Serrano 73, 28006 Madrid, Spain (A&O Shearman (Spain)). A&O Shearman (Spain) is registered for VAT purposes with VAT number N0067503. A&O Shearman (Spain) is part of an international practice comprising Allen Overy Shearman Sterling LLP, its subsidiaries and other partnerships, corporations and undertakings which are authorized to practise using the names "Allen Overy Shearman Sterling” or “A&O Shearman”. Allen Overy Shearman Sterling LLP is a limited liability partnership incorporated in England and Wales with registered number OC306763 and registered office at One Bishops Square, London E1 6AD. The term "partner" is used to refer to a member of Allen Overy Shearman Sterling LLP or an employee or consultant with equivalent standing and qualifications or an individual with equivalent status in one of Allen Overy Shearman Sterling LLP's affiliated undertakings. A list of the members of Allen Overy Shearman Sterling LLP and of the non-members who are designated as partners and their professional qualifications is open to inspection at its registered office, One Bishops Square, London E1 6AD, United Kingdom.
Further information on the services provided by A&O Shearman (Spain) in Spain and contact details can be found here.
In order to practice law in Spain, Spanish lawyers from A&O Shearman (Spain) are admitted to the Bar Association of their local jurisdiction. In general terms, Spanish lawyers are subject in their professional practice to the “Estatuto General de la Abogacía Española” –the General Rules for Lawyers- and the “Código Deontológico de la Abogacía Española” –Spanish Code of Conduct for Lawyers-. They are also subject to the provisions approved by their local Bar Association. The regulatory provisions referred to above are available through any of the Spanish Bar Associations, including the Madrid Bar Association, and are also available online in their respective web pages. Foreign lawyers at A&O Shearman (Spain) practising in Spain are subject, among others, to the specific provisions under Directive 77/249/EEC, Directive 98/5/CE and the relevant Spanish implementing regulations. They are also subject to the regulatory provisions referred to above applicable to Spanish lawyers and they must be competent and also comply with the rules and requirements of their home jurisdiction.
A&O Shearman (Spain) has in place professional indemnity insurance led by Travelers Insurance Designated Activity Company (TIDAC) and certain other Insurance Companies and Underwriters at Lloyd’s London all as more fully described in the policies (Policy No(s) APPUK2601835 and others). Further details may be obtained here.
A&O Shearman’s Whistleblowing and Speaking-Up Channel (Spain)
At A&O Shearman (or “the Firm”), we are committed to honesty and integrity within a culture of openness, transparency and accountability. We expect all our people to maintain the highest standards of behavior and support any stakeholders (internal or external) in raising genuine concerns confidentially (even anonymously), without fear of reprisals, retaliation, victimization or detrimental treatment of any kind and in strict compliance with applicable personal data protection laws.
In accordance with Spain’s Act 2/2023 of 20 February on the protection of persons who report breaches of the law and on combating corruption (“Act 2/2023”), the preferred method for reporting potential infringements committed in a job-related or professional context, is through an independent speaking-up service (Safecall), available 24/7. Reports can be made (in your own language, including Spanish) by dialing the Safecall local number for Spain (00 800 72332255) or by a written report at the Safecall website. Reports can be made anonymously. The information you provide will be securely transferred in the form of a report to our Global Compliance Officer for Legal Practice (COLP), the Partner formally appointed for the management of our Whistleblowing and Speaking-Up Channel), for conducting, to the extent possible, further investigations. In this regard, the COLP is the person formally designated by the governing bodies of the Firm as the Responsible Person for the Internal Reporting System of A&O Shearman Madrid Office, in accordance with the provisions of the Act 2/2023.
Reports can also be submitted in your own language to our COLP by sending an email to vanessa.morgan@aoshearman.com addressed to A&O Shearman’s COLP. If requested, reports may be submitted in a face-to-face meeting (in-person or video conference) within seven days. Additionally, reports may also be submitted by email (riskcompliance_spain@aoshearman.com), phone call (+34 91 782 98 00) or letter addressed to the Head of Risk & Compliance of the Madrid Office at Calle Serrano 73, 28006 (Madrid), who will limit themselves to receiving the communications (written or verbal, or both) and forwarding them in the form of a report to the designated Responsible Person for the Internal Information System.
Reports will be handled according to the Firm’s global Whistleblowing and Speaking-Up Policy, under the principles of security, confidentiality, proportionality, and objectively, with respect to the protection of persons concerned and to the applicable legislation, as well as the need for the reporter to act in good faith and in the honest believe that serious harmful events have occurred or may occur. Additionally, for reports submitted from Spain (or otherwise subject to the provisions of Act 2/2023), the principles, guarantees, and procedural rules set out in the “Internal Information System Policy (A&O Shearman Madrid)” shall be specifically applicable with precedence over the afore-mentioned global Policy. To access this document in Spanish, click here. For English, click here.
Although the Firm expects you to feel comfortable reporting potential infringements affecting our professionals or related to our professional practice and services in Spain through our Whistleblowing and Speaking-Up Channel, please be informed that any individual may report to the Spanish Independent Authority for Whistleblower Protection [“Autoridad Independiente de Protección del Informante (A.P.I.)” – www.proteccioninformante.gob.es/], or the relevant Autonomous Community authorities or bodies, the commission of any acts or omissions falling within the scope of Act 2/2023, either directly or with prior notice through the relevant internal channel (as is the case of our Whistleblowing and Speaking-Up Channel described above).
External channels available for reporting breaches also include the Enforcement Service of the Anti-Money Laundering and Monetary Infringements Commission (“SEPBLAC”, as per its initials in Spanish). Therefore, any professional at A&O Shearman in Spain, as an obliged entity under Act 10/2010, of April 28, on the Prevention of Money Laundering and Terrorist Financing (“Act 10/2010”), who becomes aware of situations, events, or facts that could constitute any of the infringements set out in Act 10/2010 may report them to SEPBLAC. These reports must be submitted to SEPBLAC in writing and include all supporting documents and information regarding the reported facts. The reports will be confidential, and SEPBLAC may not disclose the identifying particulars of the reporting persons.
Finally, as indicated above in this Legal notice, Spanish lawyers are required to adhere to the ethical and deontological principles of the legal profession and are subject to disciplinary action for non-compliance with the General Rules for Spanish Lawyers, the Spanish Code of Conduct for Lawyers and the Code of Conduct of the European Union Lawyers. The Bar Associations in Spain have the recognized authority to oversee ethical conduct and to apply disciplinary measures to their members. If you believe that any actions of our lawyers have violated ethical standards, you may file a complaint with the Professional Deontological Department of the Bar Association to which the lawyer belongs. Most of our lawyers are members of the Illustrious Bar Association of Madrid (for more information you can visit its website by clicking here).
