For franchisors, post-contractual non-compete clauses are a key tool to protect know-how, customer goodwill and the identity of the franchise network. In Spain, however, their validity requires precise and proportionate drafting, limited to the point of sale from which the franchisee operated.
Successfully selling a company requires more than finding a buyer. Proper legal, corporate, and financial preparation is essential to reduce risks during due diligence and strengthen the seller’s negotiating position in any M&A transaction.
The rise of e-commerce, digital banking and remote working has led to a sharp increase in phishing attacks in Spain. This type of digital fraud now represents one of the main legal, financial and reputational risks for companies, which must adopt effective technical and legal measures to prevent and respond to such incidents.
The communication of the opening of negotiations with creditors is a pre-insolvency mechanism that begins with a written submission to the Commercial Court. It does not require prior approval and immediately triggers the suspension of enforcement actions. Its duration is three months, extendable by up to an additional three months.
The communication of the opening of negotiations allows the debtor to gain time to reach a restructuring plan with its creditors, avoiding the need to file for insolvency proceedings. For three months, the obligation to file for insolvency proceedings and to dissolve the company due to losses is inactive.
The obligation for credit lenders and brokers to register and be supervised by the Bank of Spain aims to strengthen consumer confidence by ensuring that lenders operate under responsible standards. Additionally, this regulatory framework will help identify and mitigate risks, promoting greater stability in the financial sector.
Dividend distribution enables companies to share profits with their shareholders, whether from annual results, voluntary reserves, or interim payments. Each method includes specific requirements and financial implications and requires careful management.
The factoring contract allows companies to transfer their accounts receivable to a financial entity to obtain immediate liquidity. It offers credit risk management, especially with non-recourse factoring, and optimizes financial management by outsourcing collections.
Understanding and preventing corporate deadlock is essential for protecting investments and ensuring business continuity. Learn how to implement preventive measures and available solutions in the case of conflicts.
As part of the efforts to stimulate the digital economy in Spain, the FOCO and Next-Tech Funds represent an appealing opportunity for foreign investors seeking to access the Spanish market and capitalize on its growth potential.
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