Renewable energy: The contract for the transfer of surface rights
The installation of photovoltaic power stations (solar parks) or wind energy farms requires the formalisation of a contractual relationship between the developer and the owner of the designated land. Through its advantages, the contract for the transfer of surface rights has acquired great prominence over sale or rental contracts.
Unsuccessful enforcement by the creditor as a basis for the necessary bankruptcy application
Unsuccessful enforcement by the creditor implies the existence of a title by which enforcement has been effected, without sequestration resulting in sufficient unencumbered assets for the payment of the outstanding credit.
The double salary scale in the company for new incorporations
Companies will have the possibility to establish a double salary scale based on the date of incorporation of the employees, as long as they respect the provisions of the applicable law and collective agreements.
Representations and warranties insurance in the purchase and sale of companies in Spain
The use of representation and warranties insurance (R&W) is becoming more and more frequent in Spain in the field of the purchase and sale of companies. The premiums increase, costs reduction or process simplification are some of the reasons for their growth.
Guide: the new working time register
The working time register is an amendment to Article 34 of the Workers’ Statute. This measure provides that companies in Spain must ensure compliance with the established limits on working time.
Responsibility of the construction agents to the landowners and the users
Article 17.1 in the Law of Construction Planning, “Responsibilities and guarantees,” regulates the civil responsibility of the agents involved in the construction process as well as the deadlines for dealing with them.
Notarial Deed of the General Shareholders’ Meeting in Spain
Any shareholder holding a certain percentage of the company (5 % in the case of limited liability companies, and 1 % in the case of public limited companies, unless statutory provisions have reduced these percentages) is entitled to require the administrators to have a notary present to record the minutes of the general meeting.
The commercial agent’s right to information and its exercise in legal proceedings
The provincial courts in Spain have divide views on the issue of the commercial agent’s right to information in legal proceedings. In this sense, the adequacy of the type of procedure depends on the province in which the lawsuit is filed.
The Deposit of Annual Accounts in Spain
The Law of Capital Companies in Spain establishes that administrators are responsible for depositing the annual accounts. Failing to do this may result in the imposition of sanctions on the company and the closing of its registry, which would prevent registration of the company’s acts and documents.
Construction Developer’s Duties and Responsibilities in Spain
The figure of the construction developer was not defined uniformly in Spanish legislation until the entry into force of the LOE. Article 9 establishes that a construction developer is understood as a promoter and what his obligations are, while Article 17 determines his civil liability regime.
