Articles

Extension of temporary lay-offs (ERTE) in Spain

Following the agreement signed between the Government and the social partners to extend the impact of the protection measures adopted during the state of alert, the Ministry of Inclusion, Social Security, and Migration has adopted new measures for companies and workers, available from the 1st July until the 30th of September.

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How to determine the insolvency status of the company in the insolvency proceedings

The 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.

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How to apply for bankruptcy in Spain: Basic aspects and Deadlines

The 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.

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Harassment Prevention Protocols in the workplace

Nowadays, harassment is one of the main issues companies must implement. Thus, it is highly recommendable that they establish protocols for its prevention and guidelines to follow whenever misconduct is suspected.

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Liability for transfer of undertaking in insolvency proceedings

We 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.

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Express Insolvency Proceedings: an alternative for companies without assets

In 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.

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Insolvency Proceeding versus Company Liquidation

In 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.

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Changes in the Deadlines for the Preparation and Approval of Annual Accounts

At the end of the fiscal year, the administrators of the company are responsible for preparing the annual accounts, convene an ordinary general meeting to approve them and deposit the accounts at the Commercial Registry.

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Legal Framekwork of the SOCIMI in Spain

In order to boost the real estate market in Spain, the figure of the SOCIMI (real estate investment company) emerged in 2009. These are listed companies that principally carry out the acquisition, promotion, and restoration of leasehold urban assets.

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Negligent Bankruptcy in Spain and the Liability of the Parent Company

During the insolvency proceeding, the so-called ‘Sixth Section’, if opened, will determine whether or not the bankruptcy is negligent, as well as the liability of the company directors. We analyse if it is possible to attribute this liability to the parent company.

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