© 2020 Mariscal Abogados S.L.P. -. CIF B82934084 - recorded data : Volume 16351 of Section 8, Folio 134, Page M-277809.
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Company claims for Undue Payments to Workers
/in Labour and Employment Law /by Alejandra SanzThe 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.
Corporate crimes in Spain
/in Company Law /by Company LawThe 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.
Non-refundable Contributions by Shareholders in Spain
/in Company Law /by José María MesaNon-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.
Informative Note: The new Insolvency Law (RDL 1/2020)
/in Insolvency and Restructuring /by José María MesaIn the following informative note, we address the Royal Legislative Decree 1/2020, of 5 May, that approves the redrafted text of the Insolvency Law, and revises its structure and key characteristics.
The use of an arbitration clause in business contracts
/in Business Law /by Business LawThe 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.
How to determine the insolvency status of the company in the insolvency proceedings
/in Insolvency and Restructuring /by José María MesaThe state of insolvency obliges companies to apply for the insolvency proceedings. We analyse some facts that can help to identify this status, as well as the most commonly used accounting formulas to predict it: the acid test and the Altman Z-score.
How to apply for bankruptcy in Spain: Basic aspects and Deadlines
/in Insolvency and Restructuring /by José María MesaThe Bankruptcy Law in Spain regulates the basic aspects and the deadlines within which companies should apply for bankruptcy when their situation does not allow them to fulfil their payment obligations on a regular basis.
Liability for transfer of undertaking in insolvency proceedings
/in Insolvency and Restructuring /by Rosario RodríguezWe analyze the numerous judgements of the High Court regarding the existence or not of transfer of undertaking when a company acquires a productive unit of another company in the liquidation phase of the insolvency proceedings.
Express Insolvency Proceedings: an alternative for companies without assets
/in Insolvency and Restructuring /by José María MesaIn Spain, the Insolvency Law provides for the processing of express insolvency proceedings for those companies with no assets nor properties (or that are of a residual nature), with the corresponding savings in time and costs that ordinary insolvency proceedings would normally entail.
Insolvency Proceeding versus Company Liquidation
/in Insolvency and Restructuring /by Rosario RodríguezIn times of crisis, companies may find themselves in a legal cause for dissolution. In this article, we analyse when they should initiate a bankruptcy proceeding and when they should opt for the dissolution and liquidation of the company.