Company Law

The functioning of labour and investee companies in Spain

Labour and investee companies, regulated in Spain by Law 44/2015, may be private or public limited companies. There are two types of shareholders within such companies: workers with permanent contracts who have worker class shares, and those who are not workers with permanent contracts and have general class shares.

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The Prohibition of Misleading and Deceptive Advertising in Spain

For firms to get ahead of other firms and get their product sold they commonly use misleading or deceptive advertising. There is law that defines exactly what misleading or deceptive advertising means and states what type of advertisement techniques are prohibited. Misleading or deceptive advertising is not only done through the form of the advertisement itself, but can also be done by omitting general product information, such as its geographical location.

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Offshore companies

Offshore Companies, legal or illegal?

Offshore companies are incorporated with the aim of managing, registering, conducting or operating businesses in foreign countries (any country outside of which the business was originally registered and/or the place of residence of the shareholders and board of directors).

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Offshore companies

The truth behind offshore companies, legal or illegal?

Businesses are relocating and setting up in foreign countries to avoid paying taxes in their home countries. This is having a negative impact on the EU. The EU Commission is currently trying to crack down on multinationals using tax avoidance, tax evasion and tax fraud.

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Prices within the Spanish advertisement law

A summary of several price advertising techniques that companies can use to ensure they are at the top of the competition. Numerous laws regulate these techniques so that companies cannot misuse and/or fool consumers. These price advertising techniques all have something to do with lowering the price, using the price to lure in customers, or enticing consumers into competitions so that they will spend more money.

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The Entrepreneurial Limited Liability in Spain

Law 14/2013 on support to entrepreneurs and their internationalization (“Entrepreneurs Law”), published in the BOE on Saturday 28 September 2013, aims to support entrepreneurs and entrepreneurship. In commercial and company law matters, the law creates entrepreneurial limited liability, successive formation of limited liability companies, and the introduction of measures to expedite the incorporation of companies and simplify certain corporate obligations.

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The legal regime of holding companies in Spain

Due to the novelties introduced by the 2015 tax reform, it is important to check the composition of a company’s assets in order to evaluate its possible qualification as a holding company and to conduct sound tax planning.

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The new 2015 Spanish Corporate Governance Code for listed companies

The new Spanish Corporate Governance Code for listed companies aims to improve the corporate governance framework. This improvement can be done by boosting competitiveness and building transparency. In practice, one of the main principles presented by the Code is the “comply or explain” principle which distinguishes between binding rules and recommendations.

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