Although the duties of company directors and senior managers may overlap, their rights and obligations to the company differ considerably. While the former is subject to commercial legislation, the latter is subject to labour law.
The December 2018 reform of article 348 of Real Legislative Decree 1/2010, 2nd July, approving the consolidated text of the Law on Capital Companies, amends and clarifies the necessary conditions for a shareholder’s right to withdrawal due to a failure to distribute dividends in accordance with the mentioned law.
Among the measures approved by the government after the decree of the state of alert in Spain, the temporary suspension of employment contracts or ERTE (temporary employment regulation file) takes on special relevance for the company.
Photovoltaic projects in Spain require a pre-construction phase. Phase I consists of the provision of “development services” based on obtaining the necessary permits, licenses and authorisations to initiate the execution of the plant.
Within the organisation of a company there are several managerial positions. Materially they differ in terms of their functions, but also formally, since each of them is subject to a different legal system, with the consequences that derive from it (labour or commercial relationship).
The executive directors are members of the board of directors of a company that combine management and deliberative functions -proper for directors-, with decision execution functions -associated to the figure of senior executive-.
The Sole Additional Provision of the Law 10/2010 of 28 April establishes a new requirement to register on the Commercial Registry. This requirement extends to all professionals providing certain services to companies, whether natural or legal persons.
The “à la carte” working day is once again challenging companies in Spain. Beyond the impact on the organization of working days and shifts, workers’ demands can provide guarantees of indemnity against possible dismissals.
When partners of a subsidiary in Spain decide its closing due to economic reasons, the question arises as to how to do it. Depending on each specific case, the company may be dissolved and liquidated with or without bankruptcy proceedings.
Cannabis Social Clubs are registered as non-profit associations and lack specific regulation in Spanish legislation. Their legal vacuum has been replaced by recent jurisprudence by the Supreme Court.