International bank guarantees and bankruptcy proceedings
The purpose of this article is to provide an answer to the legal uncertainty that many foreign businessmen have when establishing commercial relations with Spanish companies, as well as the lack of knowledge of current bankruptcy legislation.
Clauses and content of the Share Purchase Agreement
The Share Purchase Agreement (SPA) is one of the most used contracts in Spain for the purposes of acquiring a mercantile company. Its basic content should include some clauses or contractual promises about the company (warranties) which will bind both parties for the transaction’s success.
Justified absences as a cause of dismissal in Spain
In Spain, Article 52 d) of the Workers’ Statute contemplates the termination of a contract as an objective dismissal based on absences from work, regardless of whether such absences can be justified.
The letter of intent in the context of M&A transactions in Spain
The letter of intent is a written document that serves as a starting point for mergers and acquisitions. Among the most common main clauses are included the terms of the transaction, the exclusivity, the confidentiality and the legal audit.
Practical guide on the Share Purchase Agreement
The contract of the sale of shares or Share Purchase Agreement, is one of the most useful contracts in the practice of acquiring mercantile companies. It consists of four main phases: the contract of confidentiality, the letter of intent, the due diligence procedure and the signing of the contract of the sale of shares.
False self-employment: a punishable practice in the company
The features of employment in Spain are established under art. 11 of the Workers’ Statute. Their fulfilment indicates an employment relationship of third parties or subject to employment and, therefore, protected by the Statute of Workers.
Religious freedom in the Spanish work environment
One of the main conflicts that occurs increasingly often in the day to day of companies is a collision between exercising the business organization’s authority (protected by the right of entrepreneurial freedom) and the protection of the fundamental rights of employees, such as religious freedom.
The abusive exercise of the shareholder’s right to information
The shareholder’s right to request for information about the company is a fundamental right. However, it is not an unlimited or absolute right. In this regard, the Spanish Supreme Court has already ruled this in different judgments.
Playing soccer with clients or attending events outside of normal business hours is working time
Three recent judgements delve into the concept and legal interpretation of working time in Spain. The Supreme Court has declared that hours dedicated to shifts on Sundays and playing soccer with clients should be treated as working time.
The Share Purchase Agreement: Signing and Closing
The purchase agreement of corporate shares or holdings is a document that establishes conditions that will govern the transfer of the company and it applies to all forms of non-listed companies.
