Industrial property in Spain

Industrial property is set to be one of the most important assets to a company. It is therefore vital before entering into a new market, to ensure its proper protection. In Spain, with rare exceptions, the principal registry governs these types of assets, which has come to mean that there is no right to an […]

New Types of VAT in Spain

By Royal Decree-Law 20/2012, of the 13th of July, on measures to guarantee fiscal stability and to promote competitiveness, the rates for the Value Added Tax (VAT) were amended in Spain. We summarize briefly the implications of this modification. New types of VAT Type Current % % From 01.09.2012 Standard 18% 21% Reduced 8% 10% Super […]

Elimination of licenses for store openings for businesses in Spain

In the Boletin Oficial del Estado (the BOE, or Official Reporter for the State) published on May 26 the Royal Decree-Law 19/2012, of May 25, on urgent measures to liberalize trade and certain services, which was put into effect on May 27. Among other objectives, the standard aims to reduce the administrative burdens that hinder […]

Requirements of the Agency Agreement in Spain

As defined in Article 1 of the Law of Agency Agreements (from now on LAA), these types of agreements are for which a natural person or legal entity is obligate to promote, or promote and conclude, commercial acts or operations. Unless otherwise agreed, the agent does not assume the risk and responsibility of such operations. […]

Mediation-in Spain

Mediation Law for Civil and Commercial Issues in Spain

Mediation is a voluntary way to resolve disputes between two parties with the help of a third party,qualified to be impartial and neutral so as to guide these parties in achieving an agreement on their own. In the BOE of 6 March the Royal Decree Law 5/2012 was published and covered topics of mediation in […]

Inheritance rights of foreigners in Spain

Foreigners who intend to inherit assets in Spain should know that succession laws tend to be different from country to country. Primarily, one needs to take into account that in Spain the national law of the deceased’s country of origin regulates succession, which applies without regard to the citizenship or origin of these assets; in […]

contrato de trabajo en españa

The shareholder’s right to withdrawal in Spain for non distribution of dividends

Article 93 a) of the Spanish Companies Law (LSC in Spanish) expressly recognizes the shareholders’ entitlement to participate in company profit-sharing. Nevertheless, it is not an automatic entitlement, since, in principle, the General Shareholders’ Meeting decides each year whether the profit yielded shall be destined to establish or increase voluntary reserves or whether it shall be […]

Key points of the labour reform in Spain

The economic crisis that Spain has been experiencing since 2008 has revealed the weaknesses in our labour model: economic organisations worldwide and in Europe have been calling for a substantial reform. In this respect, Spain has implemented Royal Decree-Law 3/2012, dated 10 February, on the urgent measures for labour market reform. Below, we will comment […]

Reform of the Arbitration Reform Act in Spain

Arbitration continues to be one of the best forms of alternative dispute resolution to avoid or overcome the disadvantages that arise from the Public Administration of Justice. The growing internationalization of trade relations makes it a very attractive option given its characteristics of speed and accessibility. The new Law 11/2011, of May 20, amending Law […]

Long-awaited amendment to Insolvency Legislation in Spain…but is it sufficient?

New legislation came into force on 1 January 2012, although certain provisions have been in force since 12 October 2011. The law is a response to the current economic crises and priority in reform appears to be have been given to rules that will have a beneficial economic effect for the country. The aim is to standardize the […]