What are the buyer protection mechanisms in company acquisitions?Due diligence and representations and warranties clauses allow the buyer to ensure that the seller has provided accurate information about the target company. Based on this information, the buyer can identify any risks involved in the transaction and establish a liability regime in the event of non-compliance.Read more
Types of agreements in M&A transactionsContracts make the agreements between parties legally binding and provide certainty to their relationships. In the area of mergers and acquisitions in Spain, it is crucial to be familiar with the most common types of contracts, which can differ depending on the specifics of the transaction.Read more
Permits for hiring highly qualified non-European workers in SpainSince the implementation force of the Entrepreneurs Law, there has been a substantial surge in the recruitment of highly qualified professionals from outside the EU. Furthermore, there has been a notable increase in worker mobility between corporate groups and heightened investment in movable and immovable property by non-EU nationals.Read more
The Joint Account AgreementThe joint account agreement (contrato de cuentas en participación), governed by the Spanish Commercial Code, provides investors with the opportunity to engage in collaborative economic activities with clear transparency regarding the assumed risks, all without the need for formal participation in the manager’s share capital.Read more
Olivia Griffiths, June – September 2023This summer, I completed my 12-week internship at Mariscal Abogados. As a Modern Languages student, this experience has been immensely enriching for my linguistic skills and provided me with an …Read more
Challenging the list of creditors in SpainChallenging the list of creditors refers to the legal process of questioning or contesting the inclusion or exclusion of specific creditors in a compiled list within an insolvency proceeding or arrangement with creditors. It allows parties, such as creditors, to dispute the accuracy, legitimacy, or completeness of the creditor list submitted by the debtor or the insolvency administration.Read more
Confirmatory, penal and penitential deposits, what is best for me?In Spain, it is usual to sign an earnest money contract or “contrato de arras” as part of any real estate transaction. The figure of the arras or depostis, confirmatory, penal and penitential give legal security to the deal and reflect different levels of commitment.Read more
Mariscal Abogados nominated in the Iberian Lawyer Forty Under 40 Awards 2023The nominations of Mariscal Abogados as Lawfirm of the Year in Energy, M&A, Life Sciences & Pharma in the Iberian Lawyer Forty Under 40 Awards 2023 are evidence of the commitment, expertise, and innovative approach of Mariscal Abogados and its team members.Read more
Limitations and prohibitions on the operation of holiday tourist rentals in SpainThe operation of holiday tourist rentals in Spain requires careful consideration of the existing restrictions. Public authorities, especially the Autonomous Communities and Town councils, and the communities of owners can impose obligations, limitations and prohibitions on these activities.Read more
Legal obligations for the sale of company shares in SpainSelling shares is a common way to obtain liquidity and restructure a company’s shareholding in Spain. However, it is crucial to consider certain legal aspects before proceeding with the transaction to avoid any potential issues in the future.Read more
