Publications List

Company claims for Undue Payments to Workers

The basis to claim an undue payment appears in articles 1895 and 1901 of the Spanish Civil Code and resides in the legal obligation between a person who receives what he/she is not entitled to and the entity that makes the payment by mistake.

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Corporate crimes in Spain

The growing relevance of companies, their partners, and administrators as economic actors has also introduced the proliferation of corporate crimes such as false accounting, abusive and harmful agreements, or the denial of corporate rights.

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Non-refundable Contributions by Shareholders in Spain

Non-refundable contributions are an effective and immediate mechanism for injecting funds into a company. Its purpose may be to solve the company’s financial imbalance, provide liquidity to the company or undertake a specific project. Unlike capital increases, non-refundable contributions do not require formalization in a public deed, nor registration with the Commercial Registry.

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The use of an arbitration clause in business contracts

The arbitration clause allows the parties to the contract to submit disputes arising from the contract to an arbitration court. To be valid, the clause must meet several requirements and its utility should be determined by balancing its advantages with its disadvantages.

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Transfer of business in Spain: assets or share purchase agreement?

When transferring a business in Spain, companies can opt for an asset purchase or share purchase agreement, each with different legal and tax implications. The choice between these methods depends on factors such as liability, financial structure, and tax treatment. Understanding the benefits and risks of each approach is crucial for ensuring a smooth transaction.

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Extension of temporary lay-offs (ERTE) in Spain

Following the agreement signed between the Government and the social partners to extend the impact of the protection measures adopted during the state of alert, the Ministry of Inclusion, Social Security, and Migration has adopted new measures for companies and workers, available from the 1st July until the 30th of September.

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