Jeroen Kaarsgaren, Frebruary – June 2014
After a full-time period of almost five- months, I finished my internship at Mariscal Abogados. I studied law in Amsterdam. In this period, I not only learned how to put …
Measures to Improve Stable Hiring and Employability in Spain
The Real Decree Law 16/2013 of December 20, 2013, on measures to promote stable hiring and improve the employability of workers became effective on December 22, 2013. The measures include …
The Role of the Mediator in Extrajudicial Payment Agreements in Spain (EPA)
Per the European Code of Conduct for Mediators and the Spanish Mediation in Civil and Commercial Matters Act (LM), a mediator must maintain confidentiality regarding information and documents obtained during mediation, with the European Code of Conduct extending this duty to the mediation’s existence (point 4). The LM specifically holds the mediator responsible for any breach of this confidentiality obligation, highlighting its importance.
Universal Board Meetings in the Spanish Company
The Universal General Board Meeting remains valid even if notice requirements are not met, as stated in Article 178 of the Capital Companies Act. In this unique meeting, rules for notice are unnecessary, as unanimous agreement and the presence of all members ensure the respect of attendance, information, and voting rights.
Shareholders’ Attendance at General Meetings in Spain
According to Article 179 of the Companies Act, shareholders of limited liability companies (“S.L.”) may attend the general meeting. The bylaws of limited liability companies cannot establish a minimum number of represented shares to attend general meetings.
Common Measures for Collective Agreements in Spain
Property executions necessary for a business activity cease for up to four months from the debtor’s initial communication with the court regarding negotiations with creditors. This pause aims to facilitate successful agreements and prevent the accumulation of executions by uncooperative creditors.
Ordinary and Extraordinary Meeting in the Spanish Company
In a Spanish company, general board meetings can be ordinary or extraordinary based on the topics. A meeting is universal if any issue is valid without prior notice, with all shareholders present or represented and unanimous agreement. It can be held anywhere, nationally or internationally.
Training Contracts in Spain Not Linked to Certificates
Section two of the eighth transitional provision of Law 3/2012, of July 6, 2012, on urgent measures to reform the labour market regulates contracts for training and learning that do …
Seniority Applicable to Staffing Services Contract in Spain
This article first explains what the staffing services contract consists of, and then it assesses how seniority applies to indemnification in this type of contract. Article 6 of Law 14/1994, …
The Process and Requirements of the Bankruptcy Mediator in Spain
On December 13, 2013, the Spanish Council of Ministers adopted the Royal Decree on the Development of the Determined Aspects of Law 5/2012, of July 6, 2012, on Mediation in …
