Profile

Prior to joining Pérez-Llorca, Jesús worked as a lawyer at an international firm specialised in financial regulation, the Spanish Association of Insurers and Reinsurers (UNESPA), and another prestigious Spanish firm.

Studies:

• 2015 Master’s degree for Access to the Legal Profession, Universidad de Castilla-La Mancha (UCLM)
• 2014 Degree in Law, Universidad de Castilla-La Mancha (UCLM)

He speaks Spanish and English.

Experience

Jesús Almarcha has over nine years of experience providing legal advice to Spanish and international companies in the insurance and reinsurance sector, as well as to institutions in the financial sector.

Jesús is an expert in project and operations management and in the resolution of technical queries in the field of national and international regulation in the insurance sector. Jesús has extensive experience in the following areas, among others:

• Improving insurance and reinsurance companies’ business models and adapting them to the requirements of Solvency II.
• Advising insurance companies on the valuation of technical provisions and investment management, including investment strategies.
• Improving and managing insurance companies’ and insurance mediators’ governance systems, including advice on corporate governance, running secretariats, developing corporate policies, managing key functions, outsourcing functions, etc.
• Communicating and submitting information to the DGSFP, including advice on inspection procedures, administrative appeals and assisting with the preparation of all kinds of applications.
• Advice on carrying out cross-border activities under the freedom to provide services or the right of establishment in Spain and other European countries, as well as in third countries.
• Obtaining clearance to operate in different lines of insurance.
• Technical analysis, adaptation, development and negotiation of all types of insurance contracts, pension plans and reinsurance contracts and treaties (mass lapse, loss portfolio transfer, financial reinsurance, quota share, excess of loss, excess of claims, etc.).
• Advice on insurance distribution activity carried out by both insurance intermediaries and insurance companies, including advice on carrying out the activity, compliance with the rules of conduct, and the design and governance of insurance products.
• Advice in the field of underwriting agency activity in Spain and other European countries.
• The regulation of the Insurance Compensation Consortium, including its operation, the registration of insurance companies and the settlement of surcharges.
• Issuing opinions and reports on regulatory issues of particular technical complexity.

Jesús has collaborated on the development of regulatory projects in the insurance sector through the preparation of proposals for modifications and amendments before governmental and political institutions.

Jesús is also an expert in transactional advice in the insurance and reinsurance sector. Jesús has considerable experience in the national and international matters, including the following:

• Drafting and negotiating commercial contracts in mergers and acquisitions of insurance companies and insurance intermediaries, as well as other structural modifications (spin-offs, global transfers of assets and liabilities, transfers of registered offices, etc.).
• Drafting and negotiating agreements for the transfer of portfolios between insurance companies, as well as contracts for the change of intermediary position between insurance intermediaries.
• Drafting and negotiating insurance distribution contracts, co-mediation, external collaboration, customer acquisition, etc., as well as the design of structures for complex business models both nationally and internationally.
• Creating and managing joint ventures for large-scale business models.
• Drafting and negotiating co-insurance contracts and related figures for risk sharing between insurers.

Jesús has also advised on litigation and arbitration in a wide variety of civil, criminal and commercial matters before all courts, relating to damage insurance (general liability, D&O, transport, surety, etc.) and personal insurance (life risk, unit-linked, accident, healthcare, etc.), reinsurance and coinsurance.

Academic and publishing collaborations

Jesús has given classes as a visiting professor on Insurance Law at the Universidad de Castilla-La Mancha (UCLM) and the Universidad Complutense de Madrid.

Additionally, Jesús has published a wide variety of articles and legal papers related to the insurance sector published in the most important legal journals, including most recently:

• “La naturaleza jurídica del seguro de vida unit-linked y su uso como garantía en operaciones de financiación”, Revista Española de Seguros 196/2023, SEAIDA, 2023.
• Co-author of the book “Principales novedades normativas y jurisprudenciales en el sector asegurador 2023”, ARANZADI, 2024.
• Co-author of the book “Principales novedades normativas y jurisprudenciales en el sector asegurador 2022”, ARANZADI, 2023.
• Co-author of the book “Principales novedades normativas y jurisprudenciales en el sector asegurador 2021”, ARANZADI, 2022.
• “Régimen jurídico de la externalización de procesos y servicios de empresas de seguros y reaseguros”, Revista de Derecho del Sistema Financiero, no. 3, ARANZADI, 2022.
• “Un nuevo esquema de supervisión en el Anteproyecto de Ley para la transformación del sistema financiero (regulatory sandbox)”, Diario La Ley no. 9427, LA LEY, 2019.
• “Aspectos clave en la distribución del seguro de vida unit-linked (Libro blanco de los seguros unit-linked)”, Revista Española de Seguros 176/2018, SEAIDA, 2019.
• “El Anteproyecto de Ley reguladora de los contratos de crédito inmobiliario desde la perspectiva aseguradora”, Boletín Diario de Seguros (BDS), INESE, 2017.
• “La cláusula que aplica un baremo indemnizatorio para el caso de invalidez es limitativa y el asegurado debe aceptarla expresamente también en los seguros colectivos”, Revista Cuadernos Civitas de Jurisprudencia Civil 104/2017, CIVITAS ARANZADI, 2017.

Professional organisations

• The Madrid Bar Association (ICAM).
• Member of the Spanish Branch of the International Association of Insurance Law (SEAIDA).
• Member of the Spanish Association of Young Insurance Professionals (AJPS).

Recognition

• Legal 500 EMEA: Insurance, recognised as a “Rising Star” (2023 and 2024).

Awards

• First SEAIDA Insurance Law Research Award (2023).
• Castilla-La Mancha Bar Association Award for Legal Studies in Private Law with Great Economic and Social Impact (2015).