The Franchisor registration is no longer required in Spain
The Spanish Ministry of Industry and Competitiveness has suspended the Franchisor Registraty in Spain and thus, the obligation for all franchisors to register. This Registry was used as an information mechanism to keep track of the existence of franchises and their development in Spain.
Corporate Codes of Conduct under judicial control in Spain
The degree of control that companies can exercise through the codes of conduct is limited. The activities of the workers as teachers or lecturers, or their statements in media or social networks, are left out of the codes of conduct.
GDPR Checklist
The breach of the new regulation can give rise to sanctions of up to 20 million euros or 4% of the total global business volume of a company. It would also mean a serious reputational damage for the company.
The representative of body corporate director cannot be a de facto director
A director is any natural or legal person, who, directly or through representation, exercises the management or administration functions of a company.
How to prevent the paralysis of corporate bodies in Spain
The dissolution of capital companies based on the paralysis of corporate bodies is a question to be answered on a case-by-case basis, since the legal requirement to apply this measure is different according to the state in which the body finds itself.
Duties and functions of members of the Board of Directors in capital companies
Within the Board of Administration of the capital companies exist distinct responsibilities to which are attributed a series of particular functions. Regarding the distribution of positions within a Board of Directors, it is important to have clear distributions to the President, the Secretary and the rest of the members of the Board of Directors (members).
Preliminary Draft of the Corporate Confidentiality Act in Spain
The new legislation extends the protection of the business secrets to the so-called “infringing goods”. This refers to those products and services whose design, characteristics, functioning, production process or marketing significantly benefit from business secrets unlawfully disclosed, exploited or acquired.
Article 348 bis, on a business partner’s right of separation
Article 348 bis of the LSC recognizes the right of separation of the partner due to lack of distribution of dividends. The article, among others, resolves the concrete case of a stockholder who expects to leave the company and who has not indicated so explicitly in the committee.
About the salary of executive directors
The Supreme Court, in its February 26th, 2018 decision, decided on the controversial question of the salary of administrators and its control on part of the partners. The ruling goes against the position of the General Directorate of Registries and Notaries (GDRN) and the majority doctrine.
Compulsory leave of absence
In Spain, in order to calculate the severance pay of the dismissed worker who has experienced a forced absence, we must consult article 56.1ª) of E.T. The term of suspension can not be taken into account for the purposes of calculating the worker’s indemnity when he or she has been on forced leave.
