Dismissal and the associated costs for a companyExpert lawyer in Labour Law, held a lecture about Dismissals in Spain and the associated costs for a company: types, form, effects, costs and responsibility of the head office of a corporate group.Read more
Requirements of a Spanish holding company (ETVE)Regarding personal and material resources, a Spanish holding company can not be an empty shell or a mere custodian of assets. Regarding tax privileges, the company is not subject to the regular commercial, corporate and value added tax.Read more
Establishing a holding company in Spain: Legal RequirementsHolding companies, also know in Spain as ETVE (Entidades de Tenencia de Valores Extranjeros (ETVE) are considered as one of the most competitive holding regimes in the European Union. Through the Spanish ETVE, companies achieve a tax-free profit transfer on their interests in companies at home and abroad.Read more
Internet of Things (Iot): Legal Considerations for BusinessesThe Internet of Things (IoT) refers to the connection of devices and/or objects to the internet in order to collect and collate data of how they are being used. Due to its complex systems and cross-border nature, data protection laws regarding the IoT are still being developed and modified by regulators. Therefore businesses have to be wary and keep themselves updated of the legal regulations regarding data collection via the IoT.Read more
Terms and choice of jurisdiction in SpainThe terms and conditions must be transferred demonstrably. Central provisions such as the choice of law or jurisdiction are contained only in the terms and conditions. Therefore rightful inclusion of terms and conditions (best by brief confirmation in a slim framework agreement) guarantees these central provisions.Read more
The joint venture contract for the market entry in SpainBusiness cooperation and the entrance into the Spanish market are often controlled through joint venture agreements. A joint venture is not defined by Spanish law. To determine the legal requirements, general standards of the Spanish Civil and Commercial Code should be applied, particularly Article 1255 of the Civil Code.Read more
Change in the basis for collective dismissals in SpainThe legal provisions laying down the basis for collective dismissals for economic reasons, as they were defined in the Spanish Workers’ Statute, infringe European Directive 98/59/CE and have undergone a change. Now, only the workplace that is affected by restructuring is regarded as the basis for individual and collective dismissals.Read more
Shelf Companies in SpainIn Spain, shelf companies are, in practice, often used to circumvent the lengthy formalities of incorporation. Saving time and less risk are their biggest advantages. On activation of a shelf company, all the shares must be purchased and its bylaws must be amended and adjusted to align with the company’s business purpose. The final step is the publication of the economic re-establishment at the Spanish Registry Court.Read more
Incorporation in Spain: forms of enterpriseTo start a business in Spain, the choice of the appropriate legal form is crucial. In Spain, the main corporate forms are sole proprietor, partnership or corporation. Differences are present especially in the cost, time and liability.Read more
The importance of real estate funds in SpainInvestments in real estate funds in Spain are currently attractive due to low interest rates. For individual investors, there exists the advantage of being able to invest in real estate funds in larger projects such as shopping malls or office complexes. There is a distinction between open and closed real estate funds.Read more
