Entries by Mariano Jiménez

Debt Collection Procedures in France and Spain

French and Spanish law have much in common for historical reasons: their common features, their forming part of the European Union, and the latter trends to harmonize the Member States’ legislation. However, there exists an issue for investors: not only may French and Spanish proceedings differ on certain details, but also the legal vocabulary used […]

The Role of the Mediator in Extrajudicial Payment Agreements in Spain (“EPA”)

The inherent confidentiality duty in the role of the mediator According to both the European Code of Conduct for Mediators and the Spanish Mediation in Civil and Commercial Matters Act (LM), a mediator must respect the confidentiality of information and documents obtained during a mediation proceeding. The European Code of Conduct extends this confidentiality duty […]

Justice Protects Preferred-Stock Owners in Spain

In general, Spanish courts are protecting those purchasers of preferred stock who do not meet the profile of a suitable investor for these products nor those who are sufficiently informed about the characteristics and risks. At the same time, Spanish courts are also ordering those financial entities to repay the invested amounts. It is common […]

Manager’s Liability within the Framework of Bankruptcy Proceedings in Spain

The still recent Spanish Bankruptcy Law more fully examines the legal system regarding company managers’ liability.This new liability system serves to supplement the system already provided for in the Public Limited Company and Limited Liability Company Laws, as well as the Criminal Code, within the framework of corporate crime. In effect, one of the areas […]

Bankruptcy proceedings and their possible effect on prior leveraged buy-out operations in Spain

PDF Eurofenix Winter Edition 2009 Concept and legal prohibition In recent years so-called leveraged buy-outs (LBO) have been very frequent in Spain. These operations are characterised by being acquisitions of a majority percentage of the share capital of a target company, this acquisition being financed via loans obtained from a third party which are guaranteed with […]