Channels for Foreign Investments in SpainOwnership eligibility in Spain, outlined in Royal Decree 664/1999 Article 2, is based on residency. Non-residents encompass Spanish citizens abroad, non-Spanish citizens living outside Spain, and corporate bodies located outside Spain, including non-Spanish public sovereign entities. Additional regulations on residency criteria and address changes are covered in Article 2 of Law 19/2003 dated July 4.Read more
The Legal Structure of foreign investment in Spain: basic legal principalsTo address the provisions of Law 18/1992 dated July 1, which establishes certain norms regarding foreign investment in Spain, its sole article specifies that the “sectors subject to the law on establishment have their specific regulations.Read more
The meaning of being an international lawyerWhat is the actual meaning of being an international lawyer nowadays? Clients do not only need a law expert, but an interpreter for the international context. Most of the clients …Read more
New regulation affecting solar thermoelectric and wind power installations in SpainThe Government’s response to enhance the economic sustainability of electricity generation activities using solar thermoelectric and wind power technologies in Spain is reflected in the new Royal Decree (RD 1614/2010). Dated December 7th and published in the Official State Gazette (BOE) on December 8th, 2010, the decree came into force on December 9th, 2010.Read more
The Spanish LLC: advantages, disadvantages, and differences with a regular corporationThe LLC corporate form is highly recommended for small to medium-sized businesses due to its relaxed reporting requirements, relatively low initial capital (around 3,006 Euros), and limited liability for members. According to legal experts, approximately 90% of new companies in Spain are LLCs, with the remaining 10% being various forms of partnerships.Read more
How to start an SME in SpainEstablishing a business in Spain demands understanding not only the local legal system and traditions but also compliance with European directives and international conventions. This intricate legal landscape necessitates a comprehensive assessment of how both Spanish and international laws impact the initiation of a new business venture by an optimistic foreign entrepreneur.Read more
International Purchases. The questions of which law applies?In international transactions, a common concern is determining the applicable law for a sales contract involving parties from different countries. Unfortunately, many international agreements lack a crucial element known as a choice of law provision. The absence of this clause can lead to unforeseen complications, particularly in the realm of debt collection, causing challenges for both parties.Read more
The regulation in defence of competition in SpainSpain’s competition defense is governed by Law 15/2007, enacted on July 3, which revamped the system and created the National Commission of Competition. Effective from September 1, 2007, the law emphasizes procedural aspects, especially the Clemency Program, providing exemption and fine reduction for companies collaborating against cartels.Read more
Amendments to the Unfair Competiton Act in Spain and its influence on other legislationAct No 29/09 integrates EU Directive 2005/29/EC on unfair commercial practices and Directive 2006/114/EC on deceptive and comparative advertising into Spanish law. This incorporation, effective since January 2010, brings substantial changes to the Unfair Competition Act, General Advertising Act, Consumer Protection Act, and other related legislation, including the Retail Trade Organization Act.Read more
International Contracts: Examining and Claiming Defective ProductsThis article will provide a practical analysis regarding the possibility of claiming defects in goods acquired through international sales contracts. Before developing these issues, first is an examination of the …Read more
