General conditions of sale in SpainThe General Conditions of Sale constitute a fundamental contractual document for any company that wishes to operate in the Spanish market. These conditions vary depending on the type of client and the company’s sector of activity.Read more
Differences between mergers and spin-offs in SpainMerger and spin-offs of companies in Spain are two corporate restructuring operations. Law 3/2009 defines and differentiates each of these transactions, determining the procedure to follow for the proper execution in each case.Read more
Recruiting Highly Qualified Professionals in SpainIn recent years, Spain has implemented various legislative changes in the realm of immigration, all geared towards facilitating the recruitment of Highly Qualified Professionals. These changes involve easing the criteria that companies must fulfill and implementing a more efficient processing procedure.Read more
New Spanish law on Structural Modifications of Commercial CompaniesRoyal Decree-Law 5/2023 includes new regulations regardomg Law 3/2009 and introduces standard provisions applicable to all structural modifications of commercial companies, and specific adaptations for each type of operation.Read more
Global transfer of assets and liabilities in SpainThe global transfer of assets and liabilities is a type of corporate restructuring transaction that differs from similar operations in various ways, including its consideration. The straightforward nature of this procedure makes it a popular choice for companies seeking to transfer ownership or wind up their operations.Read more
Mariscal Abogados wins the Team of the Year in Sustainability Award 2023Winning the Sustainability Team of the Year award is a significant recognition, highlighting the expertise of Mariscal Abogados in legal aspects of sustainability and their innovation in setting new industry standards.Read more
What are the buyer protection mechanisms in company acquisitions?Due diligence and representations and warranties clauses allow the buyer to ensure that the seller has provided accurate information about the target company. Based on this information, the buyer can identify any risks involved in the transaction and establish a liability regime in the event of non-compliance.Read more
Types of agreements in M&A transactionsContracts make the agreements between parties legally binding and provide certainty to their relationships. In the area of mergers and acquisitions in Spain, it is crucial to be familiar with the most common types of contracts, which can differ depending on the specifics of the transaction.Read more
Permits for hiring highly qualified non-European workers in SpainSince the implementation force of the Entrepreneurs Law, there has been a substantial surge in the recruitment of highly qualified professionals from outside the EU. Furthermore, there has been a notable increase in worker mobility between corporate groups and heightened investment in movable and immovable property by non-EU nationals.Read more
The Joint Account AgreementThe joint account agreement (contrato de cuentas en participación), governed by the Spanish Commercial Code, provides investors with the opportunity to engage in collaborative economic activities with clear transparency regarding the assumed risks, all without the need for formal participation in the manager’s share capital.Read more