Features of the Enforcement of Bank Guarantees in Spain

The strict reading of Article 97.2 may harm a creditor with a debtor-specific guarantee, as it implies automatic extinguishment without additional criteria. Unfortunately, the current wording doesn’t support a discretionary judge interpretation, posing a risk of guarantee extinguishment without due consideration.

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Procedures to retrieve a heritage in Spain

To determine the assets of a deceased party in Spain, take the following steps: create an account on the Registry of Movable Assets website to access their registered assets, and check for company ownership and financial status through the Registry of Commerce using the same process.

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Manager’s Liability within the Framework of Bankruptcy Proceedings in Spain

The recent Spanish Bankruptcy Law expands the examination of company managers’ liability, supplementing existing provisions in the Public Limited Company and Limited Liability Company Laws, as well as the Criminal Code, within the context of corporate crime. It introduces a classification section in bankruptcy proceedings where the judge assesses the involvement of company managers in the company’s bankruptcy situation.

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