What value does a real estate Due Diligence bring […] What value does a real estate Due Diligence bring to the investor?
Category: Blog
Due diligence is a verification process of possible contingencies and risks of a certain asset or company in operation. Is an essential precaution to avoid the frustration of the investor’s acquisition profitability expectations. In addition, as we know from self-experience at Devesa & Calvo Abogados, sometimes it is the seller himself who previously commissions professionals […]
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After participating in numerous hotel acquisition processes from the point of view of negotiation and operational legal advice, one learns to detect which are the aspects that can potentially entail the greatest legal contingencies in this sector. These are issues that, if are not properly analyzed within the framework of a prior due diligence work, […]
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What documentation is the entrepreneur required in […] What documentation is the entrepreneur required in order to request an insolvency proceeding?
According to the law the insolvency proceeding request must be accompanied by all the documents deemed necessary to prove the existence of an insolvency state, such as annual accounts, balance sheets, audit report, payment requests, constraints, embargoes, debt certificates from the Treasury and Social Security etc… In addition, the legislative text lists which documents must […]
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Legal persons’ criminal liability. Procedural issu […] Legal persons’ criminal liability. Procedural issues.
The new criminal liability version since the approval of the Organic Law 5/2010 of the 23rd of June, attributes the possibility that the legal person may be charged in accordance with the provisions in Article 31bis of the Criminal Code and consequently may be sentenced under the terms of Articles 33.7 and 66 bis of […]
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When does it consider the existence worker’s illeg […] When does it consider the existence worker’s illegal transfer?
It is increasingly common for companies to organize the development of their business activity, through figures known as outsourcing. This term implies a cost reduction and limitation of liability of the “client company”, to which such services are provided, derived from the labour relations with the persons providing those external services from which they benefit, […]
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The figure of the Sole Manager in the Temporary Un […] The figure of the Sole Manager in the Temporary Union of Companies (UTE’s).
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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