Hiring regulations in Spain of workers from foreign temporary employment agencies
Foreign temporary employment agencies are increasingly considered the solution to a need for a workforce by companies in Spain. Facing an increase in the number of temporary employment agencies and the number of workers employed by these companies, it is important to know the applicable regulations.
The procedure of objective dismissal in Spain
In Spain, a company that decides to dismiss a worker for justifiable objective reasons must follow the procedure established in Art. 53 of the Worker´s Statute. Failure to comply with the requirements established may be considered an unfair dismissal.
Obligations of the director of a company in Spain
Based on the Capital Companies Act governing in Spain, tribunals consider the absence of the director or directors of a company during general shareholders’ meetings as cause for the nullification of the meeting.
Legal requirements and benefits of the Spanish patent box
The Spanish patent box is not a Spanish company form, but a privileged form of investment for Spanish companies. Its purpose is tax savings for intellectual property income. Thus, the attractiveness of the business location in Spain and its internationalization is promoted. The legal basis is Article 23 of the Corporate Income Tax Law. The usual corporate forms include the Limited Liability Company and the Public Limited Company.
The benefits of a Spanish holding company (ETVE)
The purpose of an ETVE, a Spanish holding company, is to restrict the double taxation of income of Spanish companies. The aim of this special tax position is to promote the Spanish economy through tax cuts and the expansion of companies abroad.
Appeal against the reduction of feed-in tariffs in Spain
Foreign investors are following three appeals against the reduction of feed-in tariffs in Spain: the transition before the national courts, the transition to Court of Justice or the assertion of claims under the so-called Energy Charter Treaty. The Spanish economic crisis has meant that, due to the budget deficit, allowances were completely deleted. This led to the existential threat for many companies.
Requirements of a Spanish holding company (ETVE)
Regarding personal and material resources, a Spanish holding company can not be an empty shell or a mere custodian of assets. Regarding tax privileges, the company is not subject to the regular commercial, corporate and value added tax.
Establishing a holding company in Spain: Legal Requirements
Holding companies, also know in Spain as ETVE (Entidades de Tenencia de Valores Extranjeros (ETVE) are considered as one of the most competitive holding regimes in the European Union. Through the Spanish ETVE, companies achieve a tax-free profit transfer on their interests in companies at home and abroad.
Internet of Things (Iot): Legal Considerations for Businesses
The Internet of Things (IoT) refers to the connection of devices and/or objects to the internet in order to collect and collate data of how they are being used. Due to its complex systems and cross-border nature, data protection laws regarding the IoT are still being developed and modified by regulators. Therefore businesses have to be wary and keep themselves updated of the legal regulations regarding data collection via the IoT.
Terms and choice of jurisdiction in Spain
The terms and conditions must be transferred demonstrably. Central provisions such as the choice of law or jurisdiction are contained only in the terms and conditions. Therefore rightful inclusion of terms and conditions (best by brief confirmation in a slim framework agreement) guarantees these central provisions.
