Articles

Leasing contracts in Spain: expenses and fees

Aside from the responsibility of the taxable person (landlord) with regard to the Administration, and the more or less logical justification that could support the payment of expenses and fees related to leasing in Spain (community, supplies, waste), in Spain there is a principle of freedom to establish which taxes and expenses must be passed on to the tenant.

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Causes of a disciplinary dismissal in Spain

Dismissal is the unilateral termination of a work contract by the employer. Disciplinary dismissal occurs when a company believes that a worker has seriously breached and failed to comply with his or her duties. Upon proof of a breach, the labour relationship is terminated and the worker loses the right to any compensation.

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balance

Rights and obligations under Consumer Credit Agreements

Law 16/2011 transposed the Consumer Credit Directive on consumer credit agreements to Spain. The objective of the law is to foster the integration of the consumer credit market and grant a high level of consumer protection by focusing on transparency and consumer rights.

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Direct franchising in Spain: Security by proximity

Direct franchising permits British/American Franchisors to develop business models in Spain quickly and simply. As it offers the opportunity to freely choose commercial partners and the establishment areas of a business model, having recourse to a direct franchise agreement is a real token of quality and control when it comes to exporting a franchise business model to Spain.

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Compensation for unfair dismissal in Spain

One of the factors to bear in mind when calculating the compensation for unfair dismissal in Spain is the seniority of the worker within the company. For contracts signed after 12 February 2012, the compensation is 33 days’ worth of salary for each year worked. For contracts entered before this date, the compensation is calculated in two instalments.

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Employment positions that compromise the liability of a company

The criteria applicable to criminal liability of legal persons allow prosecutors to assess the effectiveness of the regulatory compliance plans on the criminal liability of legal persons.

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Increasing capital stock through company reserves

In order to increase capital stock through reserves or profits, one must consider the limits established by Spanish law regarding the free disposal of reserves.

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Special certificate to work with minors in Spain

The new legislation for companies whose habitual activity deals with minors requires companies to have a special certificate that accredits that none of its workers has committed sexual offences.

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How to apply for a European patent

When applying for a European patent it is important that the initial drafting of the claim recognizes the purpose for which protection is sought. Once granted, fees will have to be paid and claims must be translated into the two other procedural languages. 

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Tax liabilities in Spain for foreign online traders

EU Directive 2006/112/CE is crucial for tax liabilities of foreign online retailers in the Spanish market. After a foreign company exceeds a turnover of EUR 35,000 through sales to consumers in Spain, the VAT of the destination country of the goods (Spain) is raised.

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