The Spanish Constitutional Tribunal concludes that the quantity of the judicial court fees (both the fixed and the variable fees) are disproportionate for companies and could dissuade them when it comes to lodging a complaint with Judicial Tribunals.
Useful information for entrepreneurs interested in the cross-border transfer of a company’s registered office, focusing on the practical aspects of cross-border transfers rather than on the technical details of the transfer itself.
In Spain, shelf companies are, in practice, often used to circumvent the lengthy formalities of incorporation. Saving time and less risk are their biggest advantages. On activation of a shelf company, all the shares must be purchased and its bylaws must be amended and adjusted to align with the company’s business purpose. The final step is the publication of the economic re-establishment at the Spanish Registry Court.
The Horizontal Property Act and Article 396 of the Civil Code in Spain provide that the obligations of businesses in a community are the same as those of other owners. Therefore, such businesses should bear the costs arising from maintaining the common areas of the community.
Article 93 of the Law on Corporations (LSC) recognizes the right to information of shareholders and regulates separately limited liability companies (article 196) and public limited companies (article 197).
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.
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.
For firms to get ahead of other firms and get their product sold they commonly use misleading or deceptive advertising. There is law that defines exactly what misleading or deceptive advertising means and states what type of advertisement techniques are prohibited. Misleading or deceptive advertising is not only done through the form of the advertisement itself, but can also be done by omitting general product information, such as its geographical location.
A summary of several price advertising techniques that companies can use to ensure they are at the top of the competition. Numerous laws regulate these techniques so that companies cannot misuse and/or fool consumers. These price advertising techniques all have something to do with lowering the price, using the price to lure in customers, or enticing consumers into competitions so that they will spend more money.
The publication of Law 15/2015 in Spain aims to decongest commercial courts by giving jurisdiction in the area of company law to other competent bodies such the Spanish trade registries.
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