Negligent Bankruptcy in Spain and the Liability of the Parent CompanyDuring the insolvency proceeding, the so-called ‘Sixth Section’, if opened, will determine whether or not the bankruptcy is negligent, as well as the liability of the company directors. We analyse if it is possible to attribute this liability to the parent company.Read more
Changes for shareholders after the amendment of the Corporate Enterprises ActOn 24th May 2019 was published the draft law amending the Corporate Enterprises Act and other financial rules in Spain. Its objective is to adapt them to the European legislation (Directive (EU) 2017/828) in terms of promoting the long-term involvement of shareholders in listed companies.Read more
Royal Decree-Law 18/2020 of 12 May on social measures in defence of employmentInformation note on Royal Decree-Law 18/2020 (RDL 18/2020) of 12 May, on social measures in defence of employment, which introduces modifications to employment regulation records.Read more
Force Majeure and Rebus Sic Stantibus Clauses in the context of the COVID-19 CrisisForce majeure and rebus sic stantibus clauses are particularly relevant in the context of the COVID-19 health crisis. These legal instruments allow for a modification of the terms of contracts in extraordinary and unpredictable circumstances such as at present.Read more
The Temporary Suspension of Employment Contracts in Spain or ERTEAmong the measures approved by the government after the decree of the state of alert in Spain, the temporary suspension of employment contracts or ERTE (temporary employment regulation file) takes on special relevance for the company.Read more
Company formation or acquisition of a company in Spain?When a foreign company decides to start an activity in Spain through a subsidiary company, it has two ways to do so: either the incorporation or the acquisition of a shelf-company. The choice of one or the other will depend on the circumstances.Read more
Economic contribution to the Public Treasury in Redundancy Procedures in SpainLaw 27/2011, of August 1st, in its sixteenth additional provision, establishes, for companies that carry out redundancy procedures affecting workers from fifty years of age onwards, the obligation to make a financial contribution to the Public Treasury.Read more
Protecting trademarks in SpainA trade mark is a distinctive sign indicating products and services. Registration confers an exploitation monopoly to the depositor who can prohibit use of his or her distinctive sign by any third party. To protect his or her brand is essential; it prevents a third party from taking advantage of efforts invested in the product or service. In Spain, rights in trademarks are acquired with registration. A trademark is protected for ten years and is renewable infinitely.Read more
