Setting-up a branch vs. subsidiary in SpainThis article briefly analyses the main differences between setting up a branch or a subsidiary; these differences should be kept in mind when choosing one or the other as a way of investing in Spain.Read more
How to exclude the shareholder of a company in SpainThere are legal and statutory reasons for excluding a shareholder in Spain. Any shareholder who voted for an exclusion resolution is entitled to bring an exclusion action on behalf of the company.Read more
New Criminal Liability of Companies in SpainAccording to the new reform of the Spanish Penal Code, a company’s criminal responsibility depends on its compliance with the duty of supervision and control established by the legislation, in which case it may be exonerated of the crime.Read more
Challenges to corporate resolutions in the spanish companyChallenging corporate resolutions, generally by minorities against majorities, occur more and more often before courts. The amendments to the law of corporations in Spain will minimize these conflicts.Read more
Setting-up a branch in SpainThis article contains some basic notes on the concept, main characteristics, process of formation and fiscal regime applicable to a Spanish branch, one of the main ways of investing in Spain.Read more
Consequences and repercussions of criminal liability of companies in SpainApart from a fine that a court may impose on a company found criminally liable in Spain, there are other consequences, just as harmful, that may affect the company.Read more
Grounds for exempting companies from criminal liability in SpainA company will be exempted from criminal liability for crimes committed on its behalf if it has implemented a crimes prevention plan and if it has fulfilled the requirements of control and surveillance demanded after the Spanish Penal Code reform.Read more
Representation Powers of Shareholders of Public Limited Companies in SpainThe representation system for public limited companies in Spain is more open regarding parties that may act as proxies on behalf on shareholder, but the manner of representation only grants special powers of attorney for each meeting and not general powers of attorney. In contrast, the manner of representation is stricter than in public limited companies whereby the representation is a shareholder may be carried out by anybody.Read more
Representation of Shareholders at General Meetings in SpainIn Spain the Company Law establishes the regulations of shareholders meetings and their representation. Depending on the kind of company, it may be necessary to submit a proxy.Read more
How to grant the authority to represent shareholders at General Meetings in SpainIn Spain, shareholders are, for various reasons, increasingly unable to attend General Meetings. However, they may choose to be represented at such Meetings by a proxy. Representation of a shareholder …Read more
