ManagoraMANAGORA
ESEN

Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II)

Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II) is filed with Sección Civil del Tribunal de Instancia - LexNET. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your demanda (claim) for you. What we charge you: €1,489. Official tasa (government fee): Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them.

Start this procedure →See all procedures

Claim to annul permuta financiera (swap) contracts (interest rate swaps, inflation, currency, collar, knock-in/knock-out, structured products) for defective consent or for breach of the MiFID II duty to inform and to run the suitability/appropriateness test. We claim mutual restitution (CC 1303) or, in the alternative, compensation under CC 1101. Deadline: 4 years from the completion of the contract (STS Pleno 89/2018).

What we charge you
€1,489
Managora's fee
€1,489.00 (21% VAT incl.)
Tasa (official government fee)
Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them.
Processing time
4 years from the completion of the contract (CC 1301)
Where it is filed
Sección Civil del Tribunal de Instancia - LexNET ↗
What you receive
Demanda (court claim)

Cost breakdown: Our fee €1.489 (21% VAT incl., legal representation and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra..

Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II): how is it filed?

  1. 1Answer the questions (around 15 minutes).
  2. 2Payment of €1.489 (legal representation and procurador included).
  3. 3We file the claim via LexNET (the Spanish courts' electronic filing system) using our procurador, with a financial expert report, and send you proof of filing.

Which documents do you need?

  • •ISDA Master Agreement or CMOF (the Spanish equivalent framework agreement).
  • •Confirmations for each transaction.
  • •Pre-contractual information documentation.
  • •Signed MiFID tests.
  • •Settlement statement.

Legal basis and things to bear in mind

  • Legal framework: CC 1265-1303 + LMV + MiFID II + STS 840/2013 and Pleno 89/2018.
  • Time limit: 4 years from completion of the contract.
  • Related procedures: reclamacion_banco, demanda_clausulas_abusivas_credito_revolving, demanda_reclamacion_irph.

Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II): frequently asked questions

Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II): how much does it cost?

We charge you €1,489: our fee plus, where applicable, the fixed official tasa we advance. Our fee €1.489 (21% VAT incl., legal representation and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra.. Managora's fee is €1,489.00, 21% VAT included (€1,230.58 net + €258.42 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them..

Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II): how long does it take?

4 years from the completion of the contract (CC 1301)

Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II): which documents do I need?

You need to have to hand: ISDA Master Agreement or CMOF (the Spanish equivalent framework agreement)., Confirmations for each transaction., Pre-contractual information documentation., Signed MiFID tests., Settlement statement.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Sección Civil del Tribunal de Instancia - LexNET. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Sección Civil del Tribunal de Instancia - LexNET ↗.

Managora Gestion SL (company number B88823893) is a private company. We are not Sección Civil del Tribunal de Instancia - LexNET, we are not affiliated with, authorised or endorsed by any public authority, and this website is not an official government portal. What you pay on this page is our fee for preparing, signing and filing the procedure on your behalf: it is separate from the official tasa, which where applicable belongs to the authority and is shown to you separately. You can carry out this procedure yourself, directly with Sección Civil del Tribunal de Instancia - LexNET.

Shall we get started with «Claim for annulment of a swap / permuta financiera (CC 1265 + LMV + MiFID II)»?

We file it for you, from start to finish.

Start now →