Analysis of the capacity, regulatory regime and bankruptcy regime of derivative transactions entered into by SOCIMIS

Abstract

Analysis of the legal issues arising out from the entering into derivative transactions by Spanish REITs (SOCIMIS), from a triple perspective: corporate —capacity of the SOCIMI to enter into derivative transactions—, capital markets —regulatory obligations arising out from the entering into them—, and bankruptcy —possibility of declaring the early termination of the derivative upon the bankruptcy of the counterparty or of the SOCIMI—. Said analysis is preceded by the study of the derivatives a SOCIMI can enter into and of the documentation thereof.