Duties and Liabilities of Directors in Insolvency Proceedings in SpainThe current Spanish Insolvency Law raises directors’ liability levels. Hence, directors must not only manage the company but also address legal aspects to prevent liability in insolvency proceedings.Read more
Modification of the bankruptcy proceedings in SpainThe Council of Ministers has endorsed a draft amending Spain’s insolvency proceedings law, previously modified by Royal Decree 3/2009. The amendments, introduced to expedite and reduce costs, aim to position insolvency proceedings as a tool not only for winding up but also for attempting to save the company.Read more
How to validate documents in Spain for recognition in foreign countriesRecognition of Spanish public documents in foreign countries is an international legal issue addressed by the Hague Convention of 1961. This article provides a brief overview of the fastest process for legalizing a Spanish public document for recognition abroad, essential for individuals involved in immigration or foreign business ventures.Read more
Employment aspects of foreign investment in SpainTo initiate procedures for opening a company or working in Spain, an investor planning to stay or work in the country must consider the provisions outlined in our Foreign Law concerning the establishment, continuation of residence, and the exercise of activities in Spain.Read more
The order for payment and the monitorio procedures in SpainIn dealing with clients who haven’t paid, companies often initiate conflict resolution by sending a formal requirement, ideally using the Burofax service provided by the Spanish post. Spanish judges, like those in many jurisdictions, appreciate efforts to resolve disputes out of court.Read more
Special Rule to the Legal Structure of Foreign Investment in SpainForeign and Spanish investments, excluding transferable securities, require reporting using the approved application form specified in the resolution of February 21, 2002. The forms are available for free on the Ministry of Economy’s website and can be obtained from relevant entities as per Royal Decree 772/1999 of May 7, Article 2.Read more
International ContractsBy comprehending contractual clauses that are universally applicable across various legal systems, both international lawyers and clients can enhance their readiness to fulfill contractual obligations and uphold robust international business interests and relationships.Read more
Channels for Foreign Investments in SpainOwnership eligibility in Spain, outlined in Royal Decree 664/1999 Article 2, is based on residency. Non-residents encompass Spanish citizens abroad, non-Spanish citizens living outside Spain, and corporate bodies located outside Spain, including non-Spanish public sovereign entities. Additional regulations on residency criteria and address changes are covered in Article 2 of Law 19/2003 dated July 4.Read more
The Legal Structure of foreign investment in Spain: basic legal principalsTo address the provisions of Law 18/1992 dated July 1, which establishes certain norms regarding foreign investment in Spain, its sole article specifies that the “sectors subject to the law on establishment have their specific regulations.Read more
The meaning of being an international lawyerWhat is the actual meaning of being an international lawyer nowadays? Clients do not only need a law expert, but an interpreter for the international context. Most of the clients …Read more
