Marcia Ponce

Exequatur in Spain: Recognition and Enforcement of Non-EU Judgements

Obtaining a favourable judgment outside the EU is only the first step. To recover a debt or enforce rights in Spain, foreign court decisions must undergo exequatur proceedings before Spanish courts. This guide explains the legal framework, the competent court and key enforcement requirements.

The Confidential Binding Settlement Offer as a Debt Recovery Mechanism in Spain

Organic Law 1/2025 introduces substantial changes to debt recovery proceedings in Spain: prior to initiating court proceedings, companies will be required to resort to ADR mechanisms, specifically confidential binding settlement offers, aimed at achieving swift and effective resolutions in commercial credit disputes.

Setting Up a Company in Spain: Shelf Company or Incorporation Ab Initio?

Spain is one of the main gateways to the European and Latin American markets. For foreign businesses looking to establish a presence in Spain, a key strategic question often arises: Is it better to incorporate a new company or acquire a pre-existing shelf company? We analyse both options in terms of advantages, disadvantages, timeframes, and costs.

General Aspects of Intra-EU Cross-Border Mergers in Spain

An intra-EU cross-border merger allows companies from different European Union countries to merge, facilitating economic integration and international expansion in Spain. These transactions fall under EU law and the Law on Structural Modifications of Commercial Companies.

The Managing Body of a Company in Spain

In Spain, the Capital Companies Act establishes several requirements for being appointed as a director, such as legal capacity or absence of incompatibilities. However, neither Spanish nationality nor residence in Spanish territory is necessary for a person, whether national or foreign, to hold the position.