Can a company in Spain appoint a Foreign Director?The possibility of designating a Foreign Director is one of the most pertinent questions for foreign individuals and companies intending to develop a business via a capital company in Spain.Read more
Energy Law in Spain (1): New regulation for grid connection and feed-in permitsRoyal Decree 1183/2020, of 29th December 2020, introduces relevant modifications on grid connection and feed-in permits for energy projects in Spain. An overview of the essential aspects of the new regulations.Read more
The Role of the Managing Director SpainThe Board of Directors may appoint from its members a managing director and delegate to him all powers permitted by law. The following article describes the appointment procedure and details his or her powers according to Spanish law.Read more
Timing rules in the calculation of collective dismissalsThe new CJEU judgment questions the interpretation of Spanish case law regarding the calculation of collective dismissals thresholds, also known as ‘the timing rules’.Read more
What is a Cash Pooling Agreement?The Cash Pooling agreement facilitates the financial operations of companies, especially when operating in different countries. It allows a daily set of automatic inter-company loans to optimize the group’s global position, obtaining a single balance for each bank with which it operates.Read more
The enforcement of financial guarantees in photovoltaic projects: The Royal Decree-law 23/2020Royal Decree-law 23/2020 approves a new framework that identifies a series of steps to develop energy projects in Spain. It highlights a higher degree of compliance and certainty for the energy market but implies a higher level of risk for developers and investors.Read more
Obligations of companies in Spain before the Equal Pay lawRoyal Decree 902/2020 on equal pay incorporates the obligation for all companies in Spain, regardless of the number of employees, to establish a pay register disaggregated by sex and professional categories.Read more
Temporary Layoff Procedure (ERTE) in Spain: Royal Decree-law 30/2020The Royal Decree-law 30/2020 on social measures in defense of employment addresses extensions for force majeure Temporary Redundancy Plans, as well as Temporary Redundancy Plans due to economic, technical, organizational, or production reasons linked to COVID-19. It also introduces Temporary Redundancy Plans for impeded or limited activities.Read more
The Spanish government approves the regulation on remote workingThe 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.Read more
Non-refundable Contributions by Shareholders in SpainNon-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.Read more