The arbitration reform, an alternative to solve conflicts in Spain

Spanish Government has approved the remission of the law project to reform the arbitration Law and the regulation of the institutional arbitration of General Administration of the State of 2003, to the legislative entity power. This Law Project is accompanied by another one about the complementary Organic law, which modifies the Organic Law of the […]

Duties and Liabilities of Directors in Insolvency Proceedings in Spain

During times of crisis, where there is no chance of refinancing a company’s debt, the board of directors must initiate insolvency proceedings. We are going to focus on the duties of directors of an insolvent company. Directors of a company have a duty to act with honesty, diligence and prudence, the so-called duty of care. Directors will be held […]

Modification of the bankruptcy proceedings in Spain

The Council of Ministers has passed the draft of a new law modifying the current law on insolvency proceedings in Spain. The law has already been modified by Royal Decree 3/2009 dated March 27th, 2009which implemented some urgent measures regarding the tax and financial aspects of insolvency proceedings. The amendments have attempted to speed up such proceedings and […]


How to validate documents in Spain for recognition in foreign countries

Whether a foreign country recognizes a Spanish public document is an international legal issue. The international community addressed the issue of recognition of public documents in foreign countries with the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents (Hague Convention of 1961).  A party interested in temporary or […]

Employment aspects of foreign investment in Spain

Introduction Every foreign investor who is to create a company in Spain should get to know the basic employment principles imposed by our employment normative regulation. Firstly, if the investor intends to stay or work in Spain, in order to begin the procedures for the opening of a company, or to work in our country, […]

The order for payment and the monitorio procedures in Spain

Nowadays, many companies are facing unpleasant situations where clients do not pay their services. First thing to do is to try to solve the conflict by sending a formal requirement: the ideal would be the so-called Burofax, a type of service provided by the Spanish post that certifies not only the dispatch, but also the […]

Special Rule to the Legal Structure of Foreign Investment in Spain

Special Rule If it is to do with negotiable securities then there is an obligation for companies of investment services or credit entities according to Law 24/1988 of the Securities market to declare the deposit or administration of securities. In circumstances where it is to do with non-negotiable securities but where the parties have deposited […]

International Contracts

Culture and Contracts for International Lawyers  Lawyers working in international law oftentimes interpret, review, and advise their clients on contracts written by other international lawyers in foreign countries.  Considering the great possibility for legal, linguistic, and cultural misinterpretations, it is important for international lawyers to become familiar with the types of contractual clauses that they […]

Channels for Foreign Investments in Spain

Who can be an owner of foreign investments in Spain? The criteria that defines what it is to be an owner is exposed in article 2 of the Royal Decree 664/1999. Non-residents of Spain: Spanish citizens or non-Spanish citizens that reside outside of Spain. This is independent of the location of residence in Spain or […]

The Legal Structure of foreign investment in Spain: basic legal principals

The basic legal principles in relation to foreign investment in Spanish territory are found in various legislative instruments: Article 73 B of the treaty of the European Union — which dictates that any restriction on the movement of capital is prohibited between member states and between member states and third countries and consequently, all restrictions […]