The limitation period for actions to reclaim debts in Spain
In October 2015, the limitation period for actions to reclaim debts and obligations involving business relations as well as for the provision of services in Spain has been reduced when there is a contract and law does not specify a particular deadline. This measure will affect numerous legal actions.
Developments in the legal framework of restructuring and insolvency proceedings in Spain
By the introduction of a new law, the Spanish legal framework on restructuring and insolvency proceedings is more adjustable to a debtor facing bankruptcy. Still, the difficulty of implementing a complete legal framework lies in covering all possible situations of insolvency.
The legal regime of holding companies in Spain
Due to the novelties introduced by the 2015 tax reform, it is important to check the composition of a company’s assets in order to evaluate its possible qualification as a holding company and to conduct sound tax planning.
The right of withdrawal in the context of online shopping in Spain
The right of withdrawal is the most important consumer right concerning long distant selling contracts as established in the Spanish consumer protection act Ley General para la Defensa de los Consumidores y Usuarios (TRLGDCU).
The monitoring of employee communications in Spain
Spanish judges admitted, subject to fulfilling certain conditions, that personal employee communications contained in a professional computer may be subject to control by an employer. The matter of control of SMS messages on a professional mobile phone, decided by French courts, has not yet been decided in Spanish case law.
Cross-border merger regulations in Spain and the European Union
The European Union and Spain have introduced laws that regulate cross-border mergers that occur in Europe and ensure the rightful completion of the process. This article elaborates and compares the existing laws for this type of ventures.
The new 2015 Spanish Corporate Governance Code for listed companies
The new Spanish Corporate Governance Code for listed companies aims to improve the corporate governance framework. This improvement can be done by boosting competitiveness and building transparency. In practice, one of the main principles presented by the Code is the “comply or explain” principle which distinguishes between binding rules and recommendations.
Legal forms of company formation in Spain
The Spanish Corporation Law (Ley de Sociedades de Capital, LSC) distinguishes between the legal forms of a corporation, partnership and individual entrepreneurship when forming a company in Spain. This is a list of the main features regarding shareholders, equity, liability, founding costs, name assignment and notarial certification.
How to enforce an EU judgement within the European Union
Council Regulation No. 44/2001 contains the rules applicable to enforce a civil or commercial judgement in another European member state. However, Spain, with no bilateral agreements, follows the Hague Convention.
Means to avoid corporate criminal liability in Spain
For a company to avoid criminal liability for crimes committed by third parties in the name of, or on the behalf of the company, the company must have a prevention plan for crimes and rely on a compliance officer.
