How to Prepare Your Company for a Successful M&A Transaction
Successfully selling a company requires more than finding a buyer. Proper legal, corporate, and financial preparation is essential to reduce risks during due diligence and strengthen the seller’s negotiating position in any M&A transaction.
Standard terms and conditions in B2B contracts: incorporation test and enforceability
Standard terms and conditions are widely used to streamline B2B contracting. However, under Spanish law, they are not automatically enforceable. To be legally binding, they must pass the incorporation test, ensuring that the counterparty had a real opportunity to review them and that the clauses are clear and understandable, in line with Law 7/1998.
Permanent establishment in Spain: concept and requirements
A permanent establishment in Spain determines when a foreign company becomes liable for Spanish taxation because of its economic presence. Spanish legislation and OECD tax treaty standards define this concept, central to international tax law.
Hotel Real Estate Asset Transfers in Spain
The transfer of hotel real estate assets in Spain involves complex legal and strategic decisions. Choosing between acquiring the property directly or purchasing the operating company has significant contractual, operational and tax implications that must be carefully assessed.
Pre-pack insolvency in practice: key advantages over traditional insolvency proceedings
Pre-pack insolvency has emerged as an increasingly relevant tool in corporate restructuring and insolvency scenarios. This mechanism allows the advance preparation of a business or the sale of productive units prior to the formal commencement of insolvency proceedings, with the aim of preserving enterprise value and accelerating execution.
Hotel Management Agreements in Spain: Legal Nature and Applicable Law
Hotel management agreements play a central role in the Spanish hospitality industry. Their atypical nature and lack of specific statutory regulation require careful legal structuring to ensure legal certainty, allocate risks properly and protect the interests of hotel owners and operators.
Biomethane Projects in Spain: Regulation, Permits and Investment Opportunities
Biomethane is positioning itself as a renewable energy source with significant growth potential in Spain. A clear understanding of the applicable regulatory framework and the required permits—from the Integrated Environmental Authorisation (AAI) to injection into the gas grid—is essential for the successful development of a biomethane project.
How to Save a Spanish Subsidiary Without Losing Control: Corporate Strategies to Restore Equity Balance
Equity imbalance in a Spanish company represents a significant legal risk that may threaten business continuity. Understanding the corporate law mechanisms available to restore an equity balance is essential to avoid mandatory dissolution, preserve shareholder control and ensure financial stability in compliance with the Spanish Companies Act.
Phishing in Spain: how to legally protect your company against digital fraud
The rise of e-commerce, digital banking and remote working has led to a sharp increase in phishing attacks in Spain. This type of digital fraud now represents one of the main legal, financial and reputational risks for companies, which must adopt effective technical and legal measures to prevent and respond to such incidents.
Tender specifications in Spanish public procurement: structure, legal keys, and practical advice
The Public Sector Contracts Law governs Public procurement in Spain. It aims to ensure that both the tender procedure and the awarded contract comply with principles like freedom of access, publicity, and transparency. The key documents in this procurement process are the Pliego de Cláusulas Administrativas Particulares (PCAP – Administrative Terms and Conditions) and the Pliego de Prescripciones Técnicas (PPT – Technical Specifications).
