Entries by Karl H. Lincke

Terms and choice of jurisdiction in Spain

The 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.

Shelf Companies in Spain

In 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.

The importance of real estate funds in Spain

Investments 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.

Tax liabilities in Spain for foreign online traders

EU Directive 2006/112/CE is crucial for tax liabilities of foreign online retailers in the Spanish market. After a foreign company exceeds a turnover of EUR 35,000 through sales to consumers in Spain, the VAT of the destination country of the goods (Spain) is raised.

The impact of Brexit in Spain

The fall in the price of Spanish companies with a greater presence in the UK, the uncertainty in the banking sector, the reconfiguration of power in the European Union or the need for new trade agreements, are just some of the consequences resulting from the departure of the UK from Europe