Temporary Business Association or UTE, a method of incorporation in SpainForeign companies can achieve entry into the Spanish market through collaboration with local companies. This collaboration offers appealing advantages, such as the costs and risks reduction associated with their expansion. In this context, companies may decide establishing a temporary business association (UTE), a structure governed by Law 18/1982 dated 26 May 1982 in Spain.Read more
FOCO and Next-Tech Funds in Spain: Opportunities for Foreign Venture Capital FundsAs part of the efforts to stimulate the digital economy in Spain, the FOCO and Next-Tech Funds represent an appealing opportunity for foreign investors seeking to access the Spanish market and capitalize on its growth potential.Read more
Requirements and Procedures for Accessing the Benefits of the Startup Law in SpainThe innovation and scalability characteristics of companies aiming to benefit from the Startup Law have recently been defined and developed in Order PCM/825/2023 of 20 July. It establishes the general presumptions and characteristics that startup applicants must meet to qualify and be certified as “startups” by ENISA.Read more
Spain: An Attractive Destination for Foreign Venture Capital FundsSpain is consolidating as an increasingly attractive destination for Venture Capital Funds. Economic stability, internal market consistency, and governmental support, among other factors, drive a constant growth in profitability for both national and foreign investors.Read more
Key Clauses in Investment RoundsIn an investment round of a startup, the shareholders usually sign an investment and/or a shareholders’ agreement to establish the guidelines for their arising relationship. Although the specifics may differ based on each company and its shareholders, these agreements usually contain some key clauses. In this article, Carla Rissmann provides an explanation of the content and purpose of these clauses.Read more
The Economic Unit: Fundamental Pillar in Partial Spin-offsThe economic unit encompasses the active and passive elements constituting a ‘company’ or ‘autonomous productive unit’ within the company. The transfer of an authentic economic unit is an essential requirement for partial spin-offs in Spain.Read more
Key Issues and Clauses for Venture Capital Funds in Financing RoundsVenture capital funds provide companies with the necessary liquidity for their growth and development, typically through a process known as a funding round. In these processes, it is essential to assess the key issues and contractual clauses that these entities must consider to ensure the success of their investments.Read more
Becoming a Balancing Service Provider (BSP) in electricity trading in SpainBecoming a Balancing Service Provider under Red Eléctrica Española involves meeting specific criteria that include financial, technical, and legal aspects. It requires demonstrating economic solvency and technical and operational capacity. Additionally, obtaining authorization to access the electricity grid and strict compliance with regulations are necessary to ensure transparency and efficiency in the electricity supply.Read more
Examining the Legality of Worker Assignments by Professional Employment Organisations (PEOs) in SpainIn recent years, the use of Professional Employment Organisations by foreign companies to hire workers in Spain without registering with the Spanish authorities, has become increasingly popular. Although this practice is legal in many EU countries, it can result in the declaration of an illegal transfer of workers within the Spanish legal system.Read more
Critical Considerations for Startups During Funding RoundsSecuring capital is vital for startup success, and funding round are pivotal. Clear objectives, meeting diverse investors, precise structuring, legal compliance, thorough due diligence, and transparent negotiation are crucial.Read more
