www.boe.es/seccion/edictos_concursales

                                                                   

Full URL: https://www.boe.es/seccion/edictos_concursales

Strategic Imperative

The BOE is the Spanish government’s official journal of record. The notices published in its insolvency section (edictos concursales) are not just announcements; they are legally binding acts that trigger deadlines and define the status of a company. For COCOO, this platform is a primary source for identifying companies in acute financial distress, which presents a range of strategic opportunities.

This platform is mission-critical for:

  • Originating Monetizable Assets: The insolvency of a company often forces its valuable legal claims onto the market. 1 Our research confirms that “purchasing insolvency claims” is a core activity for major litigation funders. 2 This portal allows us to identify these situations at the earliest possible moment.
  • FOC DAM (Find Other Claimants, Monetize Damages): An insolvency notice is a clear signal of harm. By identifying the insolvent entity, we can then investigate its business relationships to find other affected parties (e.g., suppliers with unpaid invoices, customers with unfulfilled orders) and aggregate their claims. 3
  • Competitor Analysis & Market Restructuring: The failure of a competitor, officially confirmed in the BOE, is a significant market event. It provides an opportunity to analyze the failing company’s assets (including legal claims, IP, and contracts) which may become available for purchase from the insolvency administrator.

Part I: The Search Platform’s Rules & Functionality

The BOE’s search functionality is powerful but requires a methodical approach. It combines structured filters with full-text search.

  • Primary Search Bar (Buscar en 'Edictos concursales'): This is a full-text search bar. It will search the entire text of the published notices. This is extremely powerful for finding specific company names, director names, or case numbers.
    • It supports exact phrase searching using double quotation marks (" ").
    • It supports Boolean operators: Y (AND), O (OR), NO (NOT).
  • Date Filter (Fecha de Publicación): Allows searching for notices published on a specific date or within a date range. This is essential for ongoing monitoring.
  • Advanced Filters (Búsqueda avanzada): This opens up more precise filtering options:
    • Órgano emisor (Issuing body): Allows filtering by the specific court handling the insolvency (e.g., Juzgado de lo Mercantil nº 1 de Madrid).
    • Departamento (Department): Allows filtering by the relevant ministry, which in this case is typically the Ministry of Justice (Ministerio de Justicia).

Part II: The COCOO Strategic Search Model for the BOE

This protocol provides a workflow for systematically exploiting the intelligence within the BOE.

Phase 1: Proactive Monitoring & Forensic Search

  • Step 1.1: Daily Watchlist Search: Our first action each day will be to run our “Adversary & Supply Chain Watchlist” through the main search bar using exact phrase matching (e.g., "Nombre de la Empresa S.A."). This ensures we are the first to know if a key entity has entered insolvency.
  • Step 1.2: Thematic Keyword Search: On a weekly basis, conduct broader text searches for keywords related to our target sectors. This can uncover smaller, unknown companies within that sector that are entering insolvency.
  • Step 1.3: Court-Specific Monitoring: If our intelligence suggests a particular region is experiencing economic distress, we can use the Órgano emisor filter to monitor all insolvency notices coming from the commercial courts in that specific province.

Phase 2: The Asset Identification Protocol

  • Step 2.1: Extract Key Data: Once a relevant insolvency notice (edicto) is found, open the official PDF. The crucial data points to extract are:
    • The full name and NIF of the insolvent company.
    • The court and case number (número de autos).
    • The name and contact details of the appointed administrador concursal (insolvency practitioner).
    • The deadline for creditors to communicate their claims.
  • Step 2.2: Launch Intelligence Cross-Referencing: Immediately take the company’s name and NIF and run it through our other intelligence platforms (InfoCIF, OEPM, CNMV). The goal is to build a rapid profile of the company’s assets before insolvency. We are specifically looking for:
    • Evidence of ongoing litigation (from news searches or past financial reports).
    • Valuable patents or trademarks (from the OEPM).
    • Significant unpaid receivables from large, solvent companies.
  • Step 2.3: Identify the Monetizable Claim: The synthesis of the BOE notice and the cross-referenced intelligence allows us to identify the specific, high-value legal asset (e.g., “a patent infringement claim against Competitor X,” “a breach of contract suit against Supplier Y”).

Phase 3: Strategic Engagement

  • Step 3.1: Package the Opportunity: Prepare a concise dossier on the identified legal asset, including the evidence of its existence and an initial valuation.
  • Step 3.2: Formulate the USP for the Administrator: Craft an Unsolicited Proposal (USP) for the appointed insolvency practitioner. 4 The proposal will offer a clear path to monetization that serves their duty to the creditors, such as facilitating the outright sale of the claim or arranging non-recourse funding for its pursuit. 555

Part III: Application to COCOO Doctrines

This model directly executes our strategies for originating high-value, complex cases.

Mind Map Doctrine Application of the BOE Insolvency Portal Model
FOC DAM / Find new evidence to be monetised This portal is the primary source for finding legal claims held by insolvent estates. 6 These are, by definition, assets that must be monetized, making them ideal targets for our case origination strategy. 7
USP (Unsolicited Proposal) The entire Strategic Engagement protocol (Phase 3) is a playbook for creating a compelling USP, not for the company itself, but for the insolvency practitioner who controls its assets, offering a sophisticated solution to their problem. 8
Stealth Consolid The insolvency of a smaller player in a market can be a trigger for a larger competitor to acquire its assets on the cheap. By monitoring the BOE, we can anticipate these moves and analyze them for anticompetitive effects. 9
Noisefilter Market rumors of a company’s financial trouble are just noise. 10 An official insolvency notice in the BOE is a definitive, legally significant signal that demands immediate and focused action.
Benchmarking / Competitor Analysis The official declaration of a competitor’s insolvency is a final, critical data point in any competitor analysis, confirming their exit from the market and the potential availability of their assets and market share.

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