Dylan Majsiak, June – August 2018
I spent 3 months interning at Mariscal Abogados from June to August, and I am currently entering my third year at Brown University in Providence, Rhode Island where I double …
About the salary of executive directors
The Supreme Court, in its February 26th, 2018 decision, decided on the controversial question of the salary of administrators and its control on part of the partners. The ruling goes against the position of the General Directorate of Registries and Notaries (GDRN) and the majority doctrine.
Compulsory leave of absence
In Spain, in order to calculate the severance pay of the dismissed worker who has experienced a forced absence, we must consult article 56.1ª) of E.T. The term of suspension can not be taken into account for the purposes of calculating the worker’s indemnity when he or she has been on forced leave.
International bank guarantees and bankruptcy proceedings
The purpose of this article is to provide an answer to the legal uncertainty that many foreign businessmen have when establishing commercial relations with Spanish companies, as well as the lack of knowledge of current bankruptcy legislation.
Konsta Kauppi, June – July 2018
As a legal trainee I had a great opportunity working at Mariscal Abogados during the summer 2018. Working in this internationally-focused law firm in Madrid was a rewarding experience and …
Clauses and content of the Share Purchase Agreement
The Share Purchase Agreement (SPA) is one of the most used contracts in Spain for the purposes of acquiring a mercantile company. Its basic content should include some clauses or contractual promises about the company (warranties) which will bind both parties for the transaction’s success.
Justified absences as a cause of dismissal in Spain
In Spain, Article 52 d) of the Workers’ Statute contemplates the termination of a contract as an objective dismissal based on absences from work, regardless of whether such absences can be justified.
The letter of intent in the context of M&A transactions in Spain
The letter of intent is a written document that serves as a starting point for mergers and acquisitions. Among the most common main clauses are included the terms of the transaction, the exclusivity, the confidentiality and the legal audit.
Practical guide on the Share Purchase Agreement
The contract of the sale of shares or Share Purchase Agreement, is one of the most useful contracts in the practice of acquiring mercantile companies. It consists of four main phases: the contract of confidentiality, the letter of intent, the due diligence procedure and the signing of the contract of the sale of shares.
False self-employment: a punishable practice in the company
The features of employment in Spain are established under art. 11 of the Workers’ Statute. Their fulfilment indicates an employment relationship of third parties or subject to employment and, therefore, protected by the Statute of Workers.
