Posts

Preliminary steps to build a solar plant

What are the steps to follow to build a solar plant in Spain

Solar plants in Spain require many legal requisites, including securing the land rights where they will be located, requesting access points and connection to the electricity grid and depositing guarantees.

law remote working

The Spanish government approves the regulation for remote working

The health crisis by COVID-19 has exponentially increased the number of people working remotely, in particular, those teleworking in Spain. The lack of a specific regulation, however, caused legal uncertainty for both the company and the workers. Hence, the Spanish Government has decided to regulate this type of work.

Is Company Directors’ Remuneration Tax deductible in Spain?

The remuneration of directors of a Spanish company is deductible from the corporate income tax. However, the company’s bylaws must expressly contemplate the remunerated character of the post, and the remuneration scheme used to pay the director must be determined with certainty.

ERTE for COVID-19 resurgence in Spain, how should the company apply for it?

The Royal Decree-law 24/2020 of 26 June provides for specific labour measures to mitigate the impact of the new pandemic outbreaks on the activity of companies in Spain: ERTEs on the grounds of force majeure and ERTE due “to resurgence” of COVID-19.

Priority of workers’ representatives in the ERTE

Priority of keeping workers’ representatives in the company in the COVID-19 ERTE

The Workers’ Statute grants workers’ representatives priority to remain in the company or the workplace over other workers. Recent judgments in Spain limit this prerogative in the COVID-19 ERTE.

Company claims for undue payments

Company claims for Undue Payments to Workers

The basis to claim an undue payment appears in articles 1895 and 1901 of the Spanish Civil Code and resides in the legal obligation between a person who receives what he/she is not entitled to and the entity that makes the payment by mistake.

Non-refundable contributions by shareholders

Non-refundable Contributions by Shareholders in Spain

Non-refundable contributions are an effective and immediate mechanism for injecting funds into a company. Its purpose may be to solve the company’s financial imbalance, provide liquidity to the company or undertake a specific project. Unlike capital increases, non-refundable contributions do not require formalization in a public deed, nor registration with the Commercial Registry.

The new Insolvency Law – RDL 12020 – RDL 1-2020

Informative Note: The new Insolvency Law (RDL 1/2020)

In the following informative note, we address the Royal Legislative Decree 1/2020, of 5 May, that approves the redrafted text of the Insolvency Law, and revises its structure and key characteristics.

How to determine the insolvency status of the company

How to determine the insolvency status of the company in the insolvency proceedings

The state of insolvency obliges companies to apply for the insolvency proceedings. We analyse some facts that can help to identify this status, as well as the most commonly used accounting formulas to predict it: the acid test and the Altman Z-score.

How to apply for bankruptcy in Spain

How to apply for bankruptcy in Spain: Basic aspects and Deadlines

The Bankruptcy Law in Spain regulates the basic aspects and the deadlines within which companies should apply for bankruptcy when their situation does not allow them to fulfil their payment obligations on a regular basis.