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
When is a corporate presence of a foreign company in Spain necessary?If a foreign company’s main activity is in Spain, it must have a corporate presence in Spain, either through the creation of a subsidiary, branch, commercial office or the acquisition of an existing business. Each option has its own legal and tax requirements, and the choice will depend on the business needs and objectives.Read more
Loyalty Shares: are they beneficial to the growth and stability of a company in the long term?The concept of loyalty shares was heavily involved in the subsequent changes to the reform of the Spanish Companies Act (Ley de Sociedades de Capital). Its introduction aims to reinforce the attractiveness of the corporate regime in Spain to investors.Read more
Capital increase through credit compensation in SpainThe capital increase through credit compensation reduces the risk of insolvency and avoids the declaration of insolvency proceedings, thus providing a solution for companies with high liabilities.Read more
Can a company in Spain appoint a Foreign Director?The possibility of designating a Foreign Director is one of the most pertinent questions for foreign individuals and companies intending to develop a business via a capital company in Spain.Read more
PLCs and LLCs in Spain will qualify to hold General Shareholders’ Meetings exclusively through telematic meansLaw 5/2021, dated 12 April, which amends the Revised Text of the Spanish Capital Companies Act, introduces the possibility of holding general shareholders’ meetings exclusively through telematic means.Read more
Corporate crimes in SpainThe growing relevance of companies, their partners, and administrators as economic actors has also introduced the proliferation of corporate crimes such as false accounting, abusive and harmful agreements, or the denial of corporate rights.Read more
Changes in the Deadlines for the Preparation and Approval of Annual AccountsAt the end of the fiscal year, the administrators of the company are responsible for preparing the annual accounts, convene an ordinary general meeting to approve them and deposit the accounts at the Commercial Registry.Read more
Changes for shareholders after the amendment of the Corporate Enterprises ActOn 24th May 2019 was published the draft law amending the Corporate Enterprises Act and other financial rules in Spain. Its objective is to adapt them to the European legislation (Directive (EU) 2017/828) in terms of promoting the long-term involvement of shareholders in listed companies.Read more
Company Representation in Spain: Company Director or Senior Manager?Although the duties of company directors and senior managers may overlap, their rights and obligations to the company differ considerably. While the former is subject to commercial legislation, the latter is subject to labour law.Read more