The meaning of being an international lawyer

What is the actual meaning of being an international lawyer nowadays? Clients do not only need an expert in law, but an interpreter for the international context. Most of the clients of a lawyer operate their business in the international market. It is really common to find clients from X country, with their companies based […]

Starting up a business in Spain, the Spanish agency contract

In the case that the foreign national beginning business operations in Spain would like to avoid the temporary residency requirements for employees, the foreign national should strongly consider hiring agents within Spain (Spanish physical persons or companies) who already have residency and employment authorization and who are already familiar with the Spanish language, customs, way […]

Regulation of discrimination labor relations in Spain

The Spanish Constitution, the Workers’ Statute, and European Directives prohibit terminations motivated by discriminatory reasons. Such prohibited discriminatory reasons may involve characteristics such as age, incapacity, birth, race, origin, racial or ethnic background, civil status, sex, religion, political opinion, sexual orientation, or another other personal or social condition or circumstance. The Workers’ Statute specifically prohibits […]

Employment termination processes in Spain

Spanish employment law distinguishes suspension of the employment contract from termination of the employment contract.  Suspension of the employment contract is only a temporary interruption to the employer-employee relationship.  Such a situation arises when, for example, an employee suspends his or her employment contract temporarily for the purpose of spending time with a new member […]

New regulation affecting solar thermoelectric and wind power installations in Spain

The new Royal Decree (RD 1614/2010) which governs and modifies certain aspects of electricity generation activities in Spain which use solar thermoelectric and wind power technologies, dated December 7th and published in the Official State Gazette (BOE) on December 8th, 2010, is the response of the Government to try to contribute to the economic sustainability […]

Employment-law issues when starting up a business in Spain

When facing an employment-law issue, an employer should know that the very protectionist Workers’ Statute covers regular employees. The Spanish Agency Contract Law covers those workers who are agents. The Spanish Law on Management Personnel applies to those labor relations between the employer and such persons.  After considering the applicable specific law, a company-employer and […]

SL españa

Steps to start an LLC or limited liability company in Spain

The steps for starting an LLC or limited liability company in Spain include the following: Certification that there exists no other company with the same name as the company to be created.  This process involves checking to see if the desired name of the company already exists.  If it does not, the desired company name […]

General Meetings’ Regulation for Capital Companies in Spain

Since the 1st September 2010 section 4ª of title 1 of Book II of the Commercial Code (related to partnerships limited by shares), the law of Public Limited Companies, the law of Limited Liability companies and title X of the law of Stock Markets in respect of publically listed companies has been repealed. The Primary […]

Report concerning prejudgement Seizure in Debt Collection procedures in Spain

This article shall give a very brief overview over different possibilities of enforcing legal demands in different kinds of legal procedure of debt collection. Ordinary civil proceeding In order to initiate a provisionally enforcement or afterwards a distraint several requirements have to be met: before commencing the procedure of provisionally enforcement the bearer of a […]

Features of the Enforcement of Bank Guarantees in Spain

Eurofenix Spring Edition, Enforcement of bank guarantees. April 2010 What happens if the beneficiary of a bank guarantee or other surety decides to enforce it against a payment default by a debtor who has been declared insolvent? This is a crucial question not only for the beneficiary of the guarantee but also the granter thereof […]