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Initiation of an Entrepreneurial Activity in Spain

By means of Law 14/2013 (“Entrepreneurs Law”), Spain has undertaken different reforms to create growth and employment and promote the initiation of entrepreneurial activities. Some of these measures include the constitution of a company by public deed, the incorporation of a limited liability company using the DUE and the CIRCE systems without using their model bylaws and the discharge and onset of the activity of individual entrepreneurs and commercial corporations.

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Protecting trademarks in Spain

A 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.

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The role of a commercial agent in Spain

Using a commercial agent’s services provides a business a profitable and efficient formula when embarking on exporting its goods and services or expanding into new national as well as international markets.

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Fighting cartels within the Spanish Competition Law

Competition law in the European Union, the United States and the United Kingdom appear to have the same, or similar, objectives but are very diverse in the manner in which they deal with the law and issues that arise. The differences arise in matters such as fighting cartels, which is more common than one may think.

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Acquisition of shelf companies in Spain

By acquiring a shelf company, a company’s start-up period can be circumvented, saving considerable time. This is a major benefit as it takes several months to establish a new company in Spain. Additionally, since shareholders bear unlimited liability with their business and personal assets during the time until the company’s entry into the Commercial Register is made, risks are reduced when the start-up period is reduced.

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Definition and Concept of Compliance

With the reform of the Spanish Penal Code, a company is liable for offenses committed by itself or by its employees acting on its behalf, if it cannot demonstrate that it has put in place the necessary means to prevent such criminal behaviour.

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Business transfers in Spain and Germany

In case of a business transfer, in Spain as in Germany, employees must be informed about the date of the transfer, the reasons for it, the legal, economic and social consequences, as well as planned performance measures.

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Investments by foreign citizens in Spain

Spain is a very attractive destination for foreign direct investment, not only foreign investments have helped develop high economic valued sectors as the automotive, biotechnology and agri-food industries, but also support the real estate sector, that is still very relevant.

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