How to start an SME in Spain

Developing a company in Spain requires not only knowledge of the Spanish legal system and traditions, but also awareness of those applicable existing European directives and international conventions.  Such a complex, two-tiered legal system calls for a thorough examination of how both Spanish and international laws will affect the beginning of a new business venture […]

Spanish law against late payments in commercial transactions

The Law establishing measures to fight against late payments in commercial transactions (3/2004 Law of December 29th) represents the culmination of a legislative process developed with the purpose of adapting the Spanish legislation to the content of  the 2000/35/EC Directive and drastically reducing the payment terms in the commercial field. This communitarian Directive, approved by the […]

Guidelines and tips to follow in an insolvency proceeding in Spain

This article explains some of the most relevant aspects of insolvency and debt collection proceedings. From a practical point of view, these concepts must be valued considering the possibility that an economic actor may have to participate in an insolvency proceeding when such economic actor is demanded to participate by a creditor, or when an […]

Reform 3/2009 to the Spanish Insolvency Law

The Royal Decree Law 3/2009 of the 27th of March is a recent reform of the principal Spanish rules relating to insolvencies, i.e. the Insolvency Law 22/2003 of the 9th of July. The principal Spanish rules relating to insolvencies are found in the relatively recent Insolvency Law 22/2003 of the 9th of July, approved in […]

Melanie Glover, June – September 2009

PDF- M.-Cooley-Law-School-Magazine-Winter-2009 Mariscal Abogados provides law students with the opportunity to expand on  his/her substantive and practical legal education by practcing alongside an experienced team of attorneys. Melanie gained experience in a  number of areas working for a five-attorney law firm in Spain during the summer of 2009. In addition to writing contracts and translating legislation, articles […]

Steps when buying a property in Spain

The great variety of landscapes, excellent weather conditions, captivating history, delicious gastronomic offer and enthusiastic inhabits push more and more foreign citizens to not only spend their summer but furthermore buying a property in Spain. It is always advisable to rely on experienced Spanish lawyers to guarantee the success of the purchase.

International Purchases. The questions of which law applies?

An important question which often arises during an international transaction is what law applies to a contract of sale between parties from different countries. Much too frequently, the parties to an international agreement fail to include what is known as a choice of law provision. The failure to include such a clause may result in unexpected […]

Rules and regulatins

The regulation in defence of competition in Spain

The regulation in deface of competition in Spain is formed in light of the Law 15/2007, of July 3, of the Defence of Competition, which promotes a substantial reformation of the Spanish system of the defence of competition, and by which the National Commission of Competition is created. The development of this regulation was necessary […]

Amendments to the Unfair Competiton Act in Spain and its influence on other legislation

The Act No. 29/2009 of 30 December modifies the legal system of unfair competition and advertising to enhance consumer and user protection in Spain. Act No 29/09 incorporates the Community Directive 2005/29/EC dealing with unfair company commercial practice in their relations with consumers on the domestic market into the Spanish law, along with Directive 2006/114/EC […]

Bankruptcy proceedings and their possible effect on prior leveraged buy-out operations in Spain

PDF Eurofenix Winter Edition 2009 Concept and legal prohibition In recent years so-called leveraged buy-outs (LBO) have been very frequent in Spain. These operations are characterised by being acquisitions of a majority percentage of the share capital of a target company, this acquisition being financed via loans obtained from a third party which are guaranteed with […]