Articles

The Code of good governance of listed companies in Spain

Among the objectives of the Code of Good Governance are: to manage the maximum levels of competitiveness of Spanish companies, to generate trust and transparency for national and foreign shareholders and investors, to enhance the internal control and corporate responsibility of companies and to assure the adequate distribution of functions, tasks and responsibility within companies.

Read more

Fintech and Consumer protection

Fintech is on the rise and competing with financial institutions. Fintech firms offer consumers benefits such as more and easier options for funding. However, there is a catch. While offering benefits to consumers who would be unable to receive such benefits via traditional financial institutions, these fintech services also create risks for consumers.

Read more

Artículos | Mariscal & Abogados

The elimination of judicial court fees for companies

The Spanish Constitutional Tribunal concludes that the quantity of the judicial court fees (both the fixed and the variable fees) are disproportionate for companies and could dissuade them when it comes to lodging a complaint with Judicial Tribunals.

Read more

The nature of penalty clauses in contracts

Penalty clauses in commercial contracts are extra obligations provided in the commercial contract. Their increasing use aims to ensure compliance with the primary obligation in that incompliance allows for reimbursement.

Read more

time is money

Control of working hours and overtime in Spain

The regulations on labour and employment in Spain require that all companies keep a daily record of the working hours and the overtime completed by workers. The detection of breaches in compliance with the regulations can result in economic fines for companies.

Read more

The part-time contract linked to training in Spain

Companies in Spain that employ workers under the age of 30 years old may apply for a reduction of the company’s contribution to social security. This allowance will be from 75% to 100% depending on the number of workers and will be applicable for a period of one year, which may be extended for another year.

Read more

contrato de trabajo en españa

The Cross-border transfer of a company’s registered office between Czech Republic and Spain

Useful information for entrepreneurs interested in the cross-border transfer of a company’s registered office, focusing on the practical aspects of cross-border transfers rather than on the technical details of the transfer itself.

Read more

Sun Tax on Photovoltaic systems in Spain

The new law regarding the taxation of photovoltaic systems in Spain requires that households operating this technology pay grid fees in addition to a ´sun tax´. Furthermore, it regulates the selling of electricity from private households. The fines for not complying with the restrictions can reach a height of €60 million. However, installations smaller than 10kW and specific locations are exempt from this law.

Read more

Compulsory energy audits for large companies in Spain

By November 2016, large companies that, for at least two consecutive years, fulfil specific conditions (those that employ at least 250 people, and those that, without meeting the previous requirement, have a turnover of more than 50 million euros and a general balance exceeding 43 million euros) must undergo their first energy audit.

Read more

Similar trademarks and the risk of confusion in the European Union

Following the ruling of the European Union Court of Justice (C-223/15) on similar trademarks and the risk of confusion, supplemental petitions are expected to limit infringement zones, which will oblige judges to conduct detailed analysis before issuing extensive cessation orders covering the entire EU territory.

Read more