Articles

Liquidity solutions for companies

Liquidity Solutions for Companies in Spain as a result of the State of Alarm

Following the decree of the State of Alarm, the Spanish Government has approved a package of measures on labour Law (by easing the suspension of employment contracts) and insolvency Law, in order that companies can better cope with their lack of liquidity.

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Moratorium on renting commercial premises in Spain, the RDL 15/2020

We analyse the requirements to apply the moratorium on the payment of rent on commercial premises, according to the provisions of RDL 15/2020 in the context of the State of Alarm decreed in Spain.

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How to apply for bankruptcy proceedings

How to apply for bankruptcy proceedings in Spain

Royal Decree-Law 8/2020 introduces changes to the deadlines for applying for bankruptcy proceedings in Spain, whether voluntary or necessary. It also empowers the judges to reject applications, up to two months after the end of the state of alarm.

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Directors’ Liabilities during the state of alarm

Director’s Liabilities during the State of Alarm

Royal Decree-Law 8/2020 amends certain obligations of company directors when there is a legal or statutory cause for dissolution or if the company finds itself in a state of insolvency.

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Company director versus senior manager

Company Representation in Spain: Company Director or Senior Manager?

Although the duties of company directors and senior managers may overlap, their rights and obligations to the company differ considerably. While the former is subject to commercial legislation, the latter is subject to labour law.

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Insolvency measures of RDL 162020

Informative note on Insolvency Measures – RDL 16/2020

Informative note on the Royal Decree-Law 16/2020, of 28th April, regarding procedural and organisational measures to deal with Covid-19, especially concerning measures on insolvency proceedings.

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A Shareholders’ Right to Withdrawal Due to a Lack of Dividend Distribution

A Shareholders’ Right to Withdrawal Due to a Lack of Dividend Distribution

The December 2018 reform of article 348 of Real Legislative Decree 1/2010, 2nd July, approving the consolidated text of the Law on Capital Companies, amends and clarifies the necessary conditions for a shareholder’s right to withdrawal due to a failure to distribute dividends in accordance with the mentioned law.

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BOE Spain

The Temporary Suspension of Employment Contracts in Spain or ERTE

Among the measures approved by the government after the decree of the state of alert in Spain, the temporary suspension of employment contracts or ERTE (temporary employment regulation file) takes on special relevance for the company.

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The Development Phase of a Photovoltaic Project in Spain

The Development Phase of a Photovoltaic Project in Spain

Photovoltaic projects in Spain require a pre-construction phase. Phase I consists of the provision of “development services” based on obtaining the necessary permits, licenses and authorisations to initiate the execution of the plant.

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Managerial positions within a company in Spain

Managerial positions within a company in Spain: functions and legal regime

Within the organisation of a company there are several managerial positions. Materially they differ in terms of their functions, but also formally, since each of them is subject to a different legal system, with the consequences that derive from it (labour or commercial relationship).

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