The rights of minority shareholders in Spain
The rights of minority shareholders in Spain include getting documentation and information, requesting a notary at the meeting to record the minutes, or withdrawing from the company, among others.
The rights of minority shareholders in Spain include getting documentation and information, requesting a notary at the meeting to record the minutes, or withdrawing from the company, among others.
Although Royal Decree-Law 5/2021 exempts directors from the duty to file for insolvency proceedings, it does not exempt them from the responsibility to avoid the winding-up of the company.
Pre-bankruptcy mechanisms and labour, corporate or procedural measures can prevent and restrain the high number of insolvency filings expected following the insolvency moratorium in Spain.
In Spain, the trend towards digitalisation of company law was already a fact born with the amendment of the Capital Companies Act dated on 2011. The new mechanisms introduced because of Covid-19 have boosted them.
Official data reveal a sharp increase in insolvency filings in 2021. Estimates suggest that after the extended moratorium on insolvency proceedings until 31 December, the number of insolvency proceedings will rise significantly.
The end of the state of emergency in Spain marks 9 August as the end date for remote working. However, the entry into force of RDL 28/2020 encourages this type of work, whose mixed remote working models are becoming more apparent. Companies will have to adapt their labour regulations to the new law.
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.
Mariscal Abogados, once again advisors of Chroma Impact Investment and Sun Capital Development Partners in their new acquisition of eight solar projects with a capacity of 12.84MW.
In Spanish companies the “Consejero Delegado” refers to the Managing Director, the Consejo de Adminsitración designates the Board of Directors and the “Administradores Solidarios” are the Joint Directors.
In Spanish law, there is no conclusive solution regarding either the criterion applicable to the distribution of the maximum sum insured between the injured parties or the appropriate legal proceedings for its effectiveness.