Does your business correctly apply the regulation concerning working hours?
Overtime is paid twice in Spain: (1) as integral to the base cost of profesional contingencies, unemployment, FOGASA and professional training, at the rate at which each case corresponds, and (2) as a consequence of the existence of a specific additional cost.
Financing the acquisition of real estate in Spain
In Spain, banks usually finance real estate acquisitions through mortgages as well as other services. Borrowers run the risk of finding the liability for fees incurred by the appraisal of the property, notarisation of the mortgage and entry into the land registry shifted onto them.
Financial assistance rules in Spain
In Spain, article 143 of the Capital Companies Act regulates financial assistance to limited companies and article 150 to public limited companies. The current prohibition prevents a company from contributing financially to the acquisition of its own shares or stocks by a third party.
Seeking and acquiring real estate in Spain
Seeking real estate in Spain can be done by internet, with the help of a real estate consultant or through an agent. Care should be taken if using an agent, as well as in signing a contract, because agents generate fees and only notarisation can ensure acquisition in good faith.
The Dismissal of an employee already dismissed or the precautionary dismissal
After the dismissal of an employee, an employer who obtains information about new infringements liable to penalty involving the disciplinary dismissal by the employee could resort to the institution of a precautionary or ad cautelam dismissal.
Initial Coin Offering (ICO) in Spain
ICOs offer revolutionary and flexible corporate financing ways to technology start-ups. Even though ICOs increase entrepreneur independence, they bear investor risks. Various legislations in Spain must ‘be taken into account when emitting tokens.
The Right of exit of the Shareholder with the Entry into Force of Article 348. bis
Article 348.bis, which recognizes the right of exit of a minority shareholder due to failure to distribute dividends, entered into force on the 1st of January 2017 after the suspension of its validity by means of a transitional provision of the Corporate Enterprises Act, approved on the 2nd of October 2011.
Company formation in Spain: SA vs SL
The main differences between the Spanish public limited liability company (SA or Sociedad Anónima) and the limited liability company (SL or Sociedad Limitada) are in terms of minimum capital stock, payment upon formation, transfer of shares or stakes or contributions to the share capital, among others.
Contractual guarantees in Spain: the personal guarantee
Personal guarantees include personal securities, which can be characterized as an ancillary obligation, since it depends on the main obligation, and as a subsidiary obligation as well, in that only if the principal debtor fails to comply is it possible to demand payment of the debt from the guarantor.
Procedure for substantial modification of working conditions in Spain
The procedure for substantial modification of working conditions is preceded by a series of consultations with the representatives of the employees which cannot exceed a period of fifteen days.
