Consequence of lack of business Insurance
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I opened a bar in Spain a few weeks ago, I used the services of an historia for the procurement of the bar, applying for my NIE and arranging my business insurance. I opened the business before the insurance came through, i.e. opened on a Friday. On the Sunday evening I had a visit from the local Police, and as I did not have the insurance to hand was told I will be reported for not having an insurance. The insurance came through on the Monday morning, but it with Monday’s date. A few days ago, I received a summons from the court for lack of business insurance. Today my historia, has just advised me that not having a business insurance is a criminal offence punishable by fines from 50,000 Eur to 300,000 Eurs, and 6 months in prison. On top of this I must pay 50,000 Eur to the court within the next 48 hours otherwise I will be arrested by the police. With hindsight , I should have waited until the insurance came through on he Monday to open the bar, but I never thought It will come to this.
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I cannot see where in the Criminal Code says the acts you describe can be considered a crime.
Had you already applied for the Insurance when the Police came? If so, you can argue you had actually complied with the obligation.
Have you looked for a good criminalist lawyer in your area?
This message was last edited by mariadecastro on 19/08/2009. This message was last edited by mariadecastro on 19/08/2009.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Thanks for the feedback. I am looking into finding a good criminal lawyer, to take on the case. It seems the Asesor will not be up tp handling this case. In answer to your question, I had ask the Asesor to apply for the insurance before I open, but I am not sure if he applied for it before the issue date which is the date following the police visit.
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