Corporate crimes in Spain
The growing relevance of companies, their partners, and administrators as economic actors has also introduced the proliferation of corporate crimes such as false accounting, abusive and harmful agreements, or the denial of corporate rights.
Non-refundable Contributions by Shareholders in Spain
Non-refundable contributions are an effective and immediate mechanism for injecting funds into a company. Its purpose may be to solve the company’s financial imbalance, provide liquidity to the company or undertake a specific project. Unlike capital increases, non-refundable contributions do not require formalization in a public deed, nor registration with the Commercial Registry.
Informative Note: The new Insolvency Law (RDL 1/2020)
In the following informative note, we address the Royal Legislative Decree 1/2020, of 5 May, that approves the redrafted text of the Insolvency Law, and revises its structure and key characteristics.
The use of an arbitration clause in business contracts
The arbitration clause allows the parties to the contract to submit disputes arising from the contract to an arbitration court. To be valid, the clause must meet several requirements and its utility should be determined by balancing its advantages with its disadvantages.
Extension of temporary lay-offs (ERTE) in Spain
Following the agreement signed between the Government and the social partners to extend the impact of the protection measures adopted during the state of alert, the Ministry of Inclusion, Social Security, and Migration has adopted new measures for companies and workers, available from the 1st July until the 30th of September.
How to determine the insolvency status of the company in the insolvency proceedings
The state of insolvency obliges companies to apply for the insolvency proceedings. We analyse some facts that can help to identify this status, as well as the most commonly used accounting formulas to predict it: the acid test and the Altman Z-score.
How to apply for bankruptcy in Spain: Basic aspects and Deadlines
The Bankruptcy Law in Spain regulates the basic aspects and the deadlines within which companies should apply for bankruptcy when their situation does not allow them to fulfil their payment obligations on a regular basis.
Harassment Prevention Protocols in the workplace
Nowadays, harassment is one of the main issues companies must implement. Thus, it is highly recommendable that they establish protocols for its prevention and guidelines to follow whenever misconduct is suspected.
Liability for transfer of undertaking in insolvency proceedings
We analyze the numerous judgements of the High Court regarding the existence or not of transfer of undertaking when a company acquires a productive unit of another company in the liquidation phase of the insolvency proceedings.
Express Insolvency Proceedings: an alternative for companies without assets
In Spain, the Insolvency Law provides for the processing of express insolvency proceedings for those companies with no assets nor properties (or that are of a residual nature), with the corresponding savings in time and costs that ordinary insolvency proceedings would normally entail.
