The transformation of a General Partnership into a Limited Partnership
A general partnership is a contract through which two or more people agree to a share capital, with the purpose of undertaking a business activity and distributing the profits. It is an obsolete and uncommon form in the Spanish commercial market, for which, on numerous occasions, it is necessary to transform such partnerships into an LLC or corporation.
Corporate Housekeeping Duties in Spain
For legal existence in Spain, companies must fulfil important formalities. The so-called “corporate housekeeping duties” include the registration of the company with the commercial register, the keeping of the minutes of all the meetings of the shareholders and management, the careful management of an accounting and the timely submission of the annual accounts.
Adaptation to the General Data Protection Regulation (GDPR) in Spain
The GDPR is directly applicable in all EU member states and introduces new obligations for companies. Since member states have leeway for deviations, Spain has already drafted a legislative proposal.
Procedure to move the legal headquarters in Spain
The modification of the legal headquarters of a company in Spain has traditionally been the responsibility of the general meeting. The LSC now expedites this procedure with the entry into force of the 15/2017 Royal-Decree-Law providing a new interpretation of article 285 of the LSC and thus clarifying that the change of the registered office will be the responsibility of the Administrative Body.
Training Contracts in Spain
Training contracts are one of the peculiarities of working engagements in Spain, since various types exist and each has their own distinct systems and regulation. We can therefore discern the Internship Contract and the Contract for Training and Apprenticeship
The contract guarantees in Spain
Contract guarantees are types of contracts that provide greater security to the settlement of a debt. In Spain there are different types of guarantees: personal guarantees, security rights, financial guarantees or constitutional guarantees.
The contract of the managing director in Spain
The Corporate Enterprises Act in Spain requires an agreement on the appointment of a managing director if the executive power is vested in a board member. The appointment of the managing director shall require the favourable vote of two-thirds of the board members.
Conflict resolutions between shareholders and management executives
Conflicts between shareholders may be one of the main causes of the termination of many companies. The best solutions for conflicts are to prevent and avoid them. These solutions may consist of procedural protocols that include clauses or formulas of resolution in a company’s own statues, or by using extrajudicial dispute resolution mechanisms.
Regulation of franchises in Spain vs the United States
In Spain, franchise law is regulated by Real Decree 201/2010, of February 26, which regulates the exercise of franchise commercial activity and the communication of information to the franchise registry – and by article 62 of the law on Retail Trade 7/1996.
How to correctly give notice of termination in Spain
In Spain, there are concrete requirements regarding the notification of termination. Businesses that will dismiss employees must comply with such requirements; otherwise, the measure could be ineffective.
