The figure of the Sole Manager in the Temporary Un […] The figure of the Sole Manager in the Temporary Union of Companies (UTE’s).
Month: December 2020
The only legal provision referring to the U.T.E’s organization mode is the requirement of “Single Manager” figure, which is constituted as the single representative entity of the temporary union and, therefore, will have representation powers in the negotiation and procedure areas. In the applicable legislation, we can find the following references to this figure: “There […]
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The Agency Contract, what is it and what is it for […] The Agency Contract, what is it and what is it for.
The Agency Contract is regulated in Law 12/1992 of the 27th of May, which was promulgated due to the obvious necessity of differentiating the Agent from other similar figures that, still today, can cause confusion. Article 2 of this law defines the Agency Contract as the one by which “a natural or legal person, referred […]
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Tax liability for business succession: a real risk […] Tax liability for business succession: a real risk.
Within the economic circulation, on many occasions investment opportunities come up and offer us either the possibility of acquiring other businesses, or either to acquire functioning businesses or others that have ended their activity, but we think that we can relaunch with another type of management. Usually, the acquiring party prefers to buy the business […]
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The Register Book of Partnership or Register Book […] The Register Book of Partnership or Register Book of Contracts between the Single-Member Company and Sole Shareholder.
Should a Single-Member Company present a Register Book of Partners or Register Book of Nominative Shares? It is known, that the administrative body of limited liability companies is obligated to maintain and present a Registration book of Partners, which should contain as follows: (i) the statement of the shares (complete identification, nationality, and address) and […]
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Corporate and negotiation conflicts. Three keys fo […] Corporate and negotiation conflicts. Three keys for success.
In over my 15 years of professional practice I have participated as legal advisor in many corporate conflicts. In some cases, as a lawyer of organizations´ administrators and main shareholders and, in other cases, as a legal representative of minority partners, “rebels” with or without cause that try to enforce their rights with different objectives. […]
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When a group of businesses is considered to be at […] When a group of businesses is considered to be at labour level?
Many of our clients maintain a structure with various interrelated corporate organizations, but ignore exactly which are the consequences that this act can lead to. This is why we should differentiate between “a group of businesses” and “business group”. The first concept is safer in terms of the possible consequences in a labour level, while […]
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Compensation for clients in the agency contract. Compensation for clients in the agency contract.
The article 28 of the agency contract’s Law (Ley de Contrato de Agencia, “LCA”) establishes that “… when the agency contract extinguishes for either a fixed or indeterminate period of time, the agent which has provided new clients to the entrepreneur or that has increased noticeably the operations with the pre-existing clients, will have the […]
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Submission to arbitration in commercial contracts. […] Submission to arbitration in commercial contracts.
It is common in the commercial contracts, collaboration agreements between companies, and agreements of intention, that contractual parties in addition to regulating the main business purpose, individual obligations, contractual terms, resolution causes, or confidentiality duties, they also have to agree before which jurisdiction they will submit to settle the controversies that may arise in the […]
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The statutory stipulations of the remuneration to […] The statutory stipulations of the remuneration to the Administrators and their effects on the deductibility of the corpo […]
In this blog post, we are going to deal with content that often is unnoticed by the small and medium-sized companies, being able to be a main contingency focus with the tax authorities if the proper compliance of the commercial regulations is not adequately revised. In the first place, we must attend to the corporate […]
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