The Horizontal Property Act and Article 396 of the Civil Code in Spain provide that the obligations of businesses in a community are the same as those of other owners. Therefore, such businesses should bear the costs arising from maintaining the common areas of the community.
Business succession in Spain must be achieved with a certain degree of care in order to respect all the legal aspects of the acquired company and ensure a peaceful future for the acquiring company. In this way, the social guarantees that are enumerated in Article 44 of the Workers’ Statute should not be forgotten.
In Spain, Law 16/2011 derogated the previous legal regime (dating back to 1995) and transposed Directive 2008/48 of 23 April 2008 on credit agreements for consumers (the Directive) into Spanish law. Law 16/2011 reproduces the provisions of the Directive. Furthermore, where the Directive has failed to include specific provisions, the old regime has been maintained or even extended to new scenarios, with the aim of increasing the protection granted to Spanish consumers.
The Law on Chattel Mortgage and Pledge without Transfer of Possession provides for the pledge stock of boats as a guarantee. Its objective is to facilitate credit to dealers to ensure compliance with the obligations of financial institutions.
Spain possesses numerous advantages to welcome start-ups in the FinTech sector. Spain can benefit from the consequences of Brexit if it decides to create a favourable field for such start-ups.
All lawyers and partners were always happy to answer my technical questions and helped me a lot during the accomplishment of all my tasks. All lawyers and partners were always happy to answer my technical questions and helped me a lot during the accomplishment of all my tasks. Furthermore, I get acquainted with the day-to-day running of the Spanish legal institutions.
There are many investment options available to foreign investors, that go from the opening of a new business, the investment in an already established business, the setting-up of a subsidiary or a franchise activity.
Article 93 of the Law on Corporations (LSC) recognizes the right to information of shareholders and regulates separately limited liability companies (article 196) and public limited companies (article 197).
One of the changes arising from the Law on Capital Companies in Spain is the distinction between directors acting in their capacity as directors whose remuneration is subject to the principle statutory reserve and directors performing executive functions who, in the event of receiving remuneration, are obliged to sign a contract with the Company.
The main legal forms to establish an activity in Spain have advantages and disadvantages. The correct choice will depend not only on the activity itself as well as on the capital amount you want to invest, but also on the number of shareholders among other factors.
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