Director’s Liabilities during the State of Alarm
Royal Decree-Law 8/2020 amends certain obligations of company directors when there is a legal or statutory cause for dissolution or if the company finds itself in a state of insolvency.
Author Archive for: Insolvency Law
Entries by Insolvency Law
Closing a Subsidiary in Spain: With or Without Bankruptcy Proceedings?
When partners of a subsidiary in Spain decide its closing due to economic reasons, the question arises as to how to do it. Depending on each specific case, the company may be dissolved and liquidated with or without bankruptcy proceedings.
Unsuccessful enforcement by the creditor as a basis for the necessary bankruptcy application
Unsuccessful enforcement by the creditor implies the existence of a title by which enforcement has been effected, without sequestration resulting in sufficient unencumbered assets for the payment of the outstanding credit.
International bank guarantees and bankruptcy proceedings
The purpose of this article is to provide an answer to the legal uncertainty that many foreign businessmen have when establishing commercial relations with Spanish companies, as well as the lack of knowledge of current bankruptcy legislation.
Seizure of a main residence in Spain due to debts to Social Security
The Entrepeneurs Act aims to find a different solution for debt collection procedures by facilitating a second opportunity to self-employed workers affected by the debt collection procedure.
Changes in the Bankruptcy Law in Spain
The Royal Decree-Act 4/2014 is focusing on the refinancing agreements which may include waivers and capitalisation of debt and deferral payments. These agreements will essentially make the heavy burden of debt much more manageable for businesses.
Unapproved Refinancing Agreements in Spain
A new regime is being introduced in order to give some unapproved refinancing agreements judicial validity. The new regime will enter into force before the effective date of the Real Decree Law; however, the previous regime will still apply unless the parties choose otherwise.
The Dissolution of a Company in Spain due to Losses
The dissolution of a company in Spain as a result of losses, in particular in times of an economic crisis, requires certain procedures to be followed. The Corporate Enterprises Act (LSC) highlights different methods of dissolving a company depending on what type of company it is.
Validated Refinancing Agreements in Spain
The mechanism for legal ratifcation of the refinancing agreement was reviewed under the Real Decree-Law. One of its amendments included extending the effects to non-participating creditors (without collateral) and clarifying its scope via vis-Ã -vis creditors (with collateral). This mechanism is making the conversion of credits into equity loans much more efficient in Spain.
Responsibility of Administrators in the Dissolution of Companies for Losses in Spain
The dissolution of any capital-based company in Spain which incur into losses has reduced the equity amount significantly. It would be beneficial for partners of the companies to either contribute to offset losses or to increase the capital of the company by contributing and receiving shares in the company. However, this implementation can face some challenges due to the varied type of losses.