The private purchase of shares in BME Growth allows for agile and autonomous securities trading without direct intermediation. However, it requires strict compliance with regulations and imposes key notification obligations to avoid penalties and preserve market integrity.
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.
The MiCA Regulation harmonizes the requirements for the public offering and trading of cryptoassets, regulating transparency, supervision, security, and anti-money laundering measures. Authorized entities will be under the continuous supervision of the CNMV (Spanish National Securities Market Commission).
The purpose of this article is to provide an answer to the legal uncertainty that many foreign businessmen have when establishing commercial relations with Spanish companies, as well as the lack of knowledge of current bankruptcy legislation.
In Spain, article 143 of the Capital Companies Act regulates financial assistance to limited companies and article 150 to public limited companies. The current prohibition prevents a company from contributing financially to the acquisition of its own shares or stocks by a third party.
Personal guarantees include personal securities, which can be characterized as an ancillary obligation, since it depends on the main obligation, and as a subsidiary obligation as well, in that only if the principal debtor fails to comply is it possible to demand payment of the debt from the guarantor.
Among enforceable personal contractual guarantees, the bank guarantee payable on first demand stands out. With this type of guarantee, a banking institution commits to respond to the fulfilment of an obligation, automatically and immediately, and without the ability to demand clear evidence of noncompliance.
Contract guarantees are types of contracts that provide greater security to the settlement of a debt. In Spain there are different types of guarantees: personal guarantees, security rights, financial guarantees or constitutional guarantees.
Recent judgments on abusive clauses oblige institutions and professionals who offer personal loans to consumers residing in Spain to review and adapt the clauses to legal constraints. Find here practical advice to implement.
Consumer loans in Spain are monitored by government regulatory agencies for their compliance with consumer protection regulation. The Bank of Spain (together with the Spanish National Securities Exchange Commission) is the government body that exercises general supervisory powers over domestic credit institutions.
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