© 2021 Mariscal Abogados S.L.P. -. CIF B82934084 - recorded data : Volume 16351 of Section 8, Folio 134, Page M-277809.
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The uncompensated post-contractual non-competition clause in Spanish employment contracts
/in Labour and Employment Law /by Mariano JiménezArticle 21 of the Workers’ Statute (“ET”) regulates the post-contractual non-competition clause in Spain. One requirement for its validity establishes that an “adequate financial compensation is paid to the worker”.
Bankruptcy in Spain (3): Directors’ Liability in bankruptcy proceedings
/in Insolvency and Restructuring /by Saphira MouzayekAlthough Royal Decree-Law 5/2021 2021 exempts directors from the duty to file for insolvency proceedings, it does not exempt them from the responsibility to avoid the winding-up of the company.
Bankruptcy in Spain (2): Mechanisms and measures to prevent corporate insolvency in Spain
/in Insolvency and Restructuring /by Saphira MouzayekPre-bankruptcy mechanisms and labour, corporate or procedural measures can prevent and restrain the high number of insolvency filings expected following the insolvency moratorium in Spain.
Bankruptcy in Spain (1): New moratorium to request insolvency
/in Insolvency and Restructuring /by Saphira MouzayekOfficial data reveal a sharp increase in insolvency filings in 2021. Estimates suggest that after the extended moratorium on insolvency proceedings until 31 December, the number of insolvency proceedings will rise significantly.
Companies and remote working: what happens after the state of emergency?
/in Labour and Employment Law /by Alejandra SanzThe end of the state of emergency in Spain marks 9 August as the end date for remote working. However, the entry into force of RDL 28/2020 encourages this type of work, whose mixed remote working models are becoming more apparent. Companies will have to adapt their labour regulations to the new law.
Can a company in Spain appoint a Foreign Director?
/in Company Law /by Saphira MouzayekThe possibility of designating a Foreign Director is one of the most pertinent questions for foreign individuals and companies intending to develop a business via a capital company in Spain.
Maximum sum insured and how it affects injured parties
/in Litigation & Arbitration /by Mariano JiménezIn Spanish law, there is no conclusive solution regarding either the criterion applicable to the distribution of the maximum sum insured between the injured parties or the appropriate legal proceedings for its effectiveness.
Access rights and grid connection to transmission and distribution networks in Spain, Circular 1/2021
/in Energy Law /by Irene TerrazasNCMC’s Circular 1/2021, dated 20 January, develops a regulatory framework whose primary purpose is to facilitate grid access to electricity producers, including energy storage facilities. It removes obstacles that could prevent access to new market operators and electricity from renewable energy sources.
Rights of minority shareholders in LLCs and PLCs in Spain
/in Company Law /by Mariscal & AbogadosThe Spanish Companies Act stipulates some actions to protect the rights of minority shareholders to ensure the continuity of the company.
Energy Law in Spain (1): New regulation for grid connection and feed-in permits
/in Energy Law /by Pia V. KohrsRoyal Decree 1183/2020, of 29th December 2020, introduces relevant modifications on grid connection and feed-in permits for energy projects in Spain. An overview of the essential aspects of the new regulations.