Articles

Can a company in Spain appoint a Foreign Director?

The 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.

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Maximum sum insured and how it affects injured parties

In 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.

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Access rights and grid connection to transmission and distribution networks in Spain, Circular 1/2021

NCMC’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.

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Rights of minority shareholders in LLCs and PLCs in Spain

The Spanish Companies Act stipulates some actions to protect the rights of minority shareholders to ensure the continuity of the company.

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Energy Law in Spain (1): New regulation for grid connection and feed-in permits

Royal 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.

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PLCs and LLCs in Spain will qualify to hold General Shareholders’ Meetings exclusively through telematic means

Law 5/2021, dated 12 April, which amends the Revised Text of the Spanish Capital Companies Act, introduces the possibility of holding general shareholders’ meetings exclusively through telematic means.

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The Role of the Managing Director Spain

The Board of Directors may appoint from its members a managing director and delegate to him all powers permitted by law. The following article describes the appointment procedure and details his or her powers according to Spanish law.

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Timing rules in the calculation of collective dismissals

The new CJEU judgment questions the interpretation of Spanish case law regarding the calculation of collective dismissals thresholds, also known as ‘the timing rules’.

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Spain applies new sanctions for failure to deposit annual accounts

Spanish capital companies must submit their annual accounts to the General Meeting for approval and file them before the Commercial Registry. The entry into force of RD 2/2021 on 1/2/2021 opens the door to apply the sanction regime for failure to do so in due time.

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What is a Cash Pooling Agreement?

The Cash Pooling agreement facilitates the financial operations of companies, especially when operating in different countries. It allows a daily set of automatic inter-company loans to optimize the group’s global position, obtaining a single balance for each bank with which it operates.

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