A Shareholders’ Right to Withdrawal Due to a Lack of Dividend Distribution
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.
The Temporary Suspension of Employment Contracts in Spain or ERTE
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.
The Development Phase of a Photovoltaic Project in Spain
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.
Managerial positions within a company in Spain: functions and legal regime
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 director: concept, nature and remuneration
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-.
New obligation to register company service providers at the Commercial Registry
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.
New challenge for companies in Spain: the Adaptation of the Working Day
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.
Closing a Subsidiary in Spain: With or Without Bankruptcy Proceedings?
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.
Working time record in Spain, what should the company take into account?
Royal Decree Law 8/2019 of 8 March 12 May 2019 establishes that all companies carrying out an activity in Spain must keep a daily record of the working hours of their workers. Non-compliance with this measure may lead to fines up to €6,250.
Company formation or acquisition of a company in Spain?
When a foreign company decides to start an activity in Spain through a subsidiary company, it has two ways to do so: either the incorporation or the acquisition of a shelf-company. The choice of one or the other will depend on the circumstances.
