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Blog, business, company, compraventa, entrepreneurs, sales contract
Fondo oscuro

The Preparatory Phase of the sale of companies.

When it is decided to enter into negotiations to carry out a sale of a company or part of its shareholding, the preparatory phase (prior to the signing of the sales contract or Shares Purchase Agreement “SPA”) is of great importance, and can frustrate the operation as a whole if it is not given the […]
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administrative law, Blog, societies
Fondo oscuro

The co-optation procedure in corporations; union means streght.

We all know that members play a vital role in boards and meetings, not only because of the information they receive, but also because they usually take part in decision-making process. That is why the co-optation procedure is considered as particularly important (at least in Corporations): As per article 224 of the Spanish Law of […]
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Blog, business, Tax
Fondo oscuro

Investing successfully in Spain.

In this post from Devesa & Calvo Abogados in Alicante, the key aspects to achieve how to invest successfully in Spain from a tax and legal point of view are analysed. Because, as our experience in advising international investors has shown us, there are many aspects to take into account and many legal disciplines involved. […]
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Blog, business, company, sales contract
Fondo oscuro

The Rebus Sic Stantibus clause and rent reduction.

The crisis due to Covid-19 has generated a very important economic problem derived from the drop in turnover, clientele loss, capacity limitations, commercial establishments opening and closure hours’ limitation. Many of the establishments are not owned by the activity holder, they are rented with different contract’s term duration and with an established rent in a […]
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Blog, Commercial Law, compraventa, mercantil, sales contract
Fondo oscuro

How to distinguish between the civil and commercial nature of a sales contract and what does this distinction imply.

Although there is currently no single line of jurisprudence and doctrine, it is certain that, following the conditions of Article 325 of the Code of Commerce – which must be put in connection with Article 1. 445 of the Civil Code, which defines the contract of sale – the nature of the sale contract’s differentiation […]
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Blog, business, company, legal, mercantil, Trade
Fondo claro

The Golden Share (or how to guarantee State control in privatized companies).

When the State decides to dispose of its shareholdings and leave them – totally or partially – in private hands, there is no guarantee that the services of public interest that these companies offered will be sufficiently protected. For this reason, several of the States that privatized their public companies (energy, gas, telecommunications, electricity, airlines, […]
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