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.).

Sello-international

How to validate documents in Spain for recognition in foreign countries

Whether a foreign country recognizes a Spanish public document is an international legal issue. The international community addressed the issue of recognition of public documents in foreign countries with the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents (Hague Convention of 1961).  A party interested in temporary or […]

Special Rule to the Legal Structure of Foreign Investment in Spain

Special Rule If it is to do with negotiable securities then there is an obligation for companies of investment services or credit entities according to Law 24/1988 of the Securities market to declare the deposit or administration of securities. In circumstances where it is to do with non-negotiable securities but where the parties have deposited […]

International Contracts

Culture and Contracts for International Lawyers  Lawyers working in international law oftentimes interpret, review, and advise their clients on contracts written by other international lawyers in foreign countries.  Considering the great possibility for legal, linguistic, and cultural misinterpretations, it is important for international lawyers to become familiar with the types of contractual clauses that they […]

Channels for Foreign Investments in Spain

Who can be an owner of foreign investments in Spain? The criteria that defines what it is to be an owner is exposed in article 2 of the Royal Decree 664/1999. Non-residents of Spain: Spanish citizens or non-Spanish citizens that reside outside of Spain. This is independent of the location of residence in Spain or […]

The Legal Structure of foreign investment in Spain: basic legal principals

The basic legal principles in relation to foreign investment in Spanish territory are found in various legislative instruments: Article 73 B of the treaty of the European Union — which dictates that any restriction on the movement of capital is prohibited between member states and between member states and third countries and consequently, all restrictions […]

The meaning of being an international lawyer

What is the actual meaning of being an international lawyer nowadays? Clients do not only need an expert in law, but an interpreter for the international context. Most of the clients of a lawyer operate their business in the international market. It is really common to find clients from X country, with their companies based […]

New regulation affecting solar thermoelectric and wind power installations in Spain

The new Royal Decree (RD 1614/2010) which governs and modifies certain aspects of electricity generation activities in Spain which use solar thermoelectric and wind power technologies, dated December 7th and published in the Official State Gazette (BOE) on December 8th, 2010, is the response of the Government to try to contribute to the economic sustainability […]

The Spanish LLC: advantages, disadvantages, and differences with a regular corporation

In addition to being one of the most common business organizations, the LLC corporate form is highly suggested for starting a small- to medium-sized business because of its more relaxed reporting or publication requirements, its relatively minimal initial capital requirement (about 3,006 Euros), and its limited liability for its members.  According to Mr. Lincke, a […]

How to start an SME in Spain

Developing a company in Spain requires not only knowledge of the Spanish legal system and traditions, but also awareness of those applicable existing European directives and international conventions.  Such a complex, two-tiered legal system calls for a thorough examination of how both Spanish and international laws will affect the beginning of a new business venture […]

International Purchases. The questions of which law applies?

An important question which often arises during an international transaction is what law applies to a contract of sale between parties from different countries. Much too frequently, the parties to an international agreement fail to include what is known as a choice of law provision. The failure to include such a clause may result in unexpected […]