In Spain, a natural person debtor requests a bankruptcy mediator from their local notary, while entrepreneurs or legal entities approach the Commercial Registrar at the registered office. The request for an extrajudicial payment agreement includes financial details, creditor lists, current contracts, and anticipated monthly expenses.
The Entrepreneur Support Act (Law 14/2013), effective from September 27, has brought about reforms. Notably, it has increased flexibility in the quorum of financial creditors for court approval of refinancing agreements. Moreover, regulations now govern extrajudicial payment agreements as tools for negotiating with creditors outside the judicial process.
The draft legislation introduces reforms and guidelines for corporate governance that would promote initiatives to emphasize: the shareholders’ meeting to intervene in the management of the company; the separation of the voting on agreements on issues that are substantially independent; the extended deadline for contesting social agreements, etc.
On September 11, 2013, the Spanish Supreme Court issued a ruling that upheld the doctrine on provisions of Article 1006 of the Spanish Civil Code. This Article provides that the …
Article 8 of Law 3/2004, of December 29, establishes measures against default in payments in commercial operations. Similarly, Article 6.1 of the Directive 2011/7/UE of February 16, 2011 states, When …
The new VAT cash regime allows business owners to pay the tax when it is effectively paid rather than when the bill is issued. This option is available to small and medium sized companies as well as self-employed persons with a total revenue of less than 2 million euros.
On November 21, 2012, the Spanish Legal Bulletin (BOE) announced the Law 10/2012 of November 20, which regulates certain fees in the area of the Administration of Justice and the …
Mariscal Abogados is a firm with a clear international focus, based in the centre of the Spanish capital and with offices in Barcelona and Palma de Mallorca. Eurjuris International is …
The Decree clarifies the Law 15/2009, 22nd of July, on mediation in private law. The Act responds to the need to expand mediation by opening up the possibility, in private …
The current Spanish Code of Civil Procedure 1/2000 of date 7 January (CCP), articles 812 and subsequent, concerns debt collection proceedings in Spain. It describes the accelerated procedure through which …
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