Public contracting in Spain is a complicated process that includes numerous types of contracts and bidding procedures; specialized advice is essential.
Commercial contracts in Spain are governed by the Code of Commerce. Knowing its legislation is fundamental to carry out any operation in a secure way such as acquisitions and sales of companies, joint ventures, OPAs, OPVs, commercial sales as well as any kind of contract (representation, commercial distribution, national sale of merchandise, intra and extra EU, etc.).
The Piggyback agreement is a form of business collaboration agreement where a company willing to move into a new market uses another company’s distribution network in exchange for a commission.
The Law on Agency Contracts in Spain does not expressly regulates the pact or exclusivity clause between businessmen and agents. It is therefore of vital importance that the parties negotiate this clause adequately to avoid future problems.
A correct evaluation of both a possible purchase of the assets of a company (asset purchase agreement) or a direct acquisition of stocks and shares (share purchase agreement) will determine the best option to enter the Spanish market.
While company by-laws govern a company’s activity and are public, partnership agreements are private agreements that govern, among other things, the organizational aspects of the company. However, partnership agreements may be made public at the request of any of the partners.
Our Legal Guide for investing in Spain comprises four major parts that focus on the “Why, What, How, and Where” of investing. Our goal is to help enumerate the specific advantages that the Spanish market offers at this moment and offer a guide, from a legal perspective, of how to proceed with an investment with efficiency and guarantees of success.
Distribution contracts are one of the most commonly used trade contracts in business. Hence it is necessary to have a proper knowledge of their functioning in order to avoid conflicts arising from their breach.
The content of a distribution contract depends, inter alia, on the covered territory and on exclusivity obligations. In any case, and with regards to an international contract, if the product is to be distributed in Spain, the terms shall comply with Community law and Spanish regulations.
Distribution, based on the purchase of goods from a supplier and the subsequent resale of the goods by a distributor, is an effective means of entering a new market through the distributor´s network of local clients.
Smart contracts are becoming the new preferred type of contract used in the financial sector. They are easy to use, have lower transaction costs, shorten settlement cycles, mitigate fraud and are transparent. However, an interesting aspect is whether smart contracts will offer consumer or buyer protection.