The reform of the Spanish Penal Code has accentuated the importance of compliance. It is clearly stated in Article 31(a) of the Penal Code that all companies are required to establish or strengthen programs that focus on compliance to criminal rules, emphasizing the criminal liability consequences that breaking these rules entail.
Author Archive for: Nicolas Melchior
About Nicolás Melchior
Having graduated with a Law degree, Nicolás Melchior specialises in real estate, commercial contracts and ICT law in Spain. Working languages: Spanish, German, English and French. For any query Contact Nicolás Melchior
Entries by Nicolás Melchior
The European Certificate of Succession certifies the capacity, all over the EU territory, of an heir and the powers of any administrators of a succession of a person having interests, properties or descendants in various countries of the EU.
An administrator can freely resign or renounce his or her position in a company in Spain as contained in the Regulation of the Commercial Register, but several requisites must be fulfilled beforehand.
In Spain, Articles 169 and 170 of the Company Act regulate the judicial call of a general meeting of shareholders.
With the reform of the Spanish Penal Code, a company is liable for offenses committed by itself or by its employees acting on its behalf, if it cannot demonstrate that it has put in place the necessary means to prevent such criminal behaviour.
Electronic evidence is valid in the Spanish legal system and is admissible in trial if it is relevant and has been lawfully obtained.
The management of an L.L.C in Spain is determined by its administrative organs, provided by law or statute, but also by the assembly of shareholders, either universal or general, ordinary or special/extraordinary.
In Spain, no specific regulation governs the crime of digital identity theft. However, the rights of individuals on the Internet can be defended by a combination of the Spanish Penal Code articles and sanctions can be issued.
The process of due diligence in the context of a transfer, merger, sale or purchase of a company in Spain includes four phases in order to ensure its correct course: preliminary, investigation, confirmation of data and the transmission of the report.
Prior to a transfer of a business in Spain, one should carry out a due diligence in order to analyse the economic, financial and legal aspects of the business to be acquired. The process will help set an objective price for the transfer of the company and help avoid any risk of defects related to the company sold.