Special Legislation for Particular Goods in SpainAt times, the standard or regular laws on advertisements are not sufficient with regard to several types of products. This is usually because these products relate to health or they are products that are used frequently and therefore need more regulation. This is usually the case with products such as alcohol, tobacco, pharmaceuticals, etc. The laws on advertisement concerning pharmaceuticals are especially strict and detailed to ensure that no misleading advertisements are published.Read more
The workers’ representatives in the subrogation of companies in SpainArticle 44 of the Workers’ Statute rules the succession of companies in Spain, reinforces the guarantees of the workers after the change of a company’s owner, improves the instruments of information and consultation, and complies with the obligation of transposing related European directives into Spanish law.Read more
Court approval of refinancing agreements in SpainThe majority of Spanish bankruptcy proceedings end in favor of the debtor. The preliminary phases aim to achieve continuity of businesses that are in critical financial situations. Judicial approval is tantamount to a quasi-automatic resolution of a refinancing agreement, which put minority dissenting creditors at major disadvantages.Read more
Instalments of compensation payment of severance pay in SpainCompanies in Spain with a lack of liquidity at the time of making severance payments can split up the payments of such compensation through a prior agreement with the workers’ representatives.Read more
Who is obligated to withhold and pay tax to the Spanish Treasury?In Spain, subjects obliged to withhold and pay tax to the Spanish Treasury are paymasters. The issuer of an invoice is not required to inform paymasters whether or not they are subject to the withholding tax or the percentage to be withheld. The person responsible to the Spanish Treasury is the one who receives the invoice, not the one who issued it.Read more
VII Annual Congress on the Law of new technologies and data protectionMariscal Abogados has participated in the VII Annual Congress on the Law of new technologies and data protection organized by the Spanish-Austrian Lawyers´ Association (AHAUJ). The Congress, which was held …Read more
Offshore Companies, legal or illegal?Offshore companies are incorporated with the aim of managing, registering, conducting or operating businesses in foreign countries (any country outside of which the business was originally registered and/or the place of residence of the shareholders and board of directors).Read more
The truth behind offshore companies, legal or illegal?Businesses are relocating and setting up in foreign countries to avoid paying taxes in their home countries. This is having a negative impact on the EU. The EU Commission is currently trying to crack down on multinationals using tax avoidance, tax evasion and tax fraud.Read more
Regulation of advertisements in SpainAdvertising is a topic that can be divided into multiple categories, which all have their own laws that govern them. However, the General Advertising Law remains the main law on advertising in Spain. The law not only governs how advertising must be carried out, but it also defines specific terms related to the relevant type of advertisement.Read more
Patentability Requirements in SpainAll inventions that are novel, are not obvious, and have industrial application can be patented in Spain and thus grant exclusive rights for their use and exploitation.Read more
