Business cooperation and the entrance into the Spanish market are often controlled through joint venture agreements. A joint venture is not defined by Spanish law. To determine the legal requirements, general standards of the Spanish Civil and Commercial Code should be applied, particularly Article 1255 of the Civil Code.
Mergers and acquisitions of companies, known by the acronym M&A., is a corporate economic strategy. Mergers between business entities assuming the termination of investee companies and the transmission of their assets to a new entity – merger for a new creation – or for an existing one– merger through absorption.
The European Union and Spain have introduced laws that regulate cross-border mergers that occur in Europe and ensure the rightful completion of the process. This article elaborates and compares the existing laws for this type of ventures.
Venture capital (risk capital) or private equity is a financial instrument that allows receiving or participating companies to obtain the capital resources required for the development of their projects.
Venture capital (risk capital funds) can provide significant sources of funding to SMEs, in addition to prestige and credibility from gaining the support of this type of fund.
Compared to 2013, in 2014, the number of mergers and acquisitions in Spain grew to 54%. The principle factors that have motivated this growth are the improvement of the economy and the increase of foreign investment in Spain. For 2015, this upward trend is expected to continue.
The process of due diligence in the context of a transfer, merger, sale or purchase of a company in Spain includes four phases in order to ensure its correct course: preliminary, investigation, confirmation of data and the transmission of the report.
Prior to a transfer of a business in Spain, one should carry out a due diligence in order to analyse the economic, financial and legal aspects of the business to be acquired. The process will help set an objective price for the transfer of the company and help avoid any risk of defects related to the company sold.
The due diligence refers to an investigation procedure prior to acquiring or investing in a project. The aim of the due diligence is to give the investor or buyer a full knowledge of all the costs, benefits and risks involved in the transaction, so that he can take a reflexive decision.
The management of economic concentration requires a due diligence report. After this, the acquirer prepares a binding offer to the target company which lays down the basics of the concentration contract. The national control of economic concentration aims to obtain the necessary authorisation of the transaction. It achieves this through notification duty, and then a two stage procedural phase.
The term Mergers and acquisitions (M&A) defines a company restructuration and refers to the operations of purchase, sale or division of companies for growth purposes. In this article we refer to the four types of M&A that exist in Spain.