By the introduction of a new law, the Spanish legal framework on restructuring and insolvency proceedings is more adjustable to a debtor facing bankruptcy. Still, the difficulty of implementing a complete legal framework lies in covering all possible situations of insolvency.
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.
The right of withdrawal is the most important consumer right concerning long distant selling contracts as established in the Spanish consumer protection act Ley General para la Defensa de los Consumidores y Usuarios (TRLGDCU).
Spanish judges admitted, subject to fulfilling certain conditions, that personal employee communications contained in a professional computer may be subject to control by an employer. The matter of control of SMS messages on a professional mobile phone, decided by French courts, has not yet been decided in Spanish case law.
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.
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.
The Spanish Corporation Law (Ley de Sociedades de Capital, LSC) distinguishes between the legal forms of a corporation, partnership and individual entrepreneurship when forming a company in Spain. This is a list of the main features regarding shareholders, equity, liability, founding costs, name assignment and notarial certification.
Council Regulation No. 44/2001 contains the rules applicable to enforce a civil or commercial judgement in another European member state. However, Spain, with no bilateral agreements, follows the Hague Convention.
For a company to avoid criminal liability for crimes committed by third parties in the name of, or on the behalf of the company, the company must have a prevention plan for crimes and rely on a compliance officer.
My time at Mariscal Abogados has unfortunately come to an end. I worked at this law firm from September until mid-December and I can honestly say it was a very …
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