Contract guarantees are types of contracts that provide greater security to the settlement of a debt. In Spain there are different types of guarantees: personal guarantees, security rights, financial guarantees or constitutional guarantees.
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About José María Mesa
With both a Business Administration degree and a Law degree, José María Mesa specializes in company law, civil-commercial contracts and mergers and acquisitions.
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Entries by José María Mesa
While company by-laws govern a company’s activity and are public, partnership agreements are private agreements that govern, among other things, the organizational aspects of the company. However, partnership agreements may be made public at the request of any of the partners.
Under Spanish Law, there are different options to seek compensation for breach of a shareholder’s agreement, which are agreements that, although not mandatory, are highly recommended since they prevent future problems between partners and a company.
Practical analysis on remotely piloted aircrafts, also known as drones or RPAS: the existing legal framework in Spain and requirements necessary to qualify as an operator of drones.
The new law regarding the use of drones in Spain regulates commercial, non-commercial and recreational use of drones. This regulation includes aerial works which can be performed with drones, as well as the restrictions that every user of drones must take into account when handling such devices. The fines for not complying with the restrictions can reach a height of €225.000.
The Law on Chattel Mortgage and Pledge without Transfer of Possession provides for the pledge stock of boats as a guarantee. Its objective is to facilitate credit to dealers to ensure compliance with the obligations of financial institutions.
In 2015, large real estate investment firms tripled their profits compared to the former year. Their profitability through dividends and the recovery of the real estate sector in Spain predict new profits once again this year for these investment vehicles in real estate assets for rent.
The 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.
The requirements for admission to trading and maintenance of a Spanish REIT (SOCIMI) in the MAB (Alternative Stock Exchange Market) establishes, amongst others, the obligation of a SOCIMI to sign a contract with a liquidity provider, in order to boost liquidity and reduce price variations not resulting from actual market trends.
SOCIMIs (Sociedades Anónimas Cotizadas de Inversión Inmobiliaria) or REIT (Real Estate Investment Trust) are public listed companies whose main activity is the investment in urban assets. The minimum share capital for a SOCIMI in Spain is 5 million euros.