Electronic judicial notice to businesses Electronic judicial notice to businesses
Category: company
Reform of the Civil Proceedings Law Royal Decree-Law 6/2023 of 19 December, approving urgent measures for the implementation of the Recovery, Transformation and Resilience Plan in the areas of public service of justice, civil service, local government and patronage, has thoroughly reformed the Civil Procedure Act. How to notify a civil judicial procedure to a […]
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The participation of individuals and legal entities in a company is done with the hope that the company will make a profit. Shareholders or partners are given the opportunity to collect the profits of the investment made in the company, established in our legal system as a mere expectation, by what we call dividends. These […]
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What is the purpose of a due diligence in the acqu […] What is the purpose of a due diligence in the acquisition of companies? Is it worth the investment?
A due diligence is an investigation process of one or more assets, which may well be of a company or a group of companies. However, before entering into this “indirect” acquisition process (decision to acquire the company as means of acquiring the assets and liabilities contained therein), we should ask ourselves whether it is more favourable, […]
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Legal adviser: Which companies are obliged to appo […] Legal adviser: Which companies are obliged to appoint one?
The legal adviser to the administrative body is a figure regulated by Law 39/1975 of the 31st of October, still in force, whose function is to advise on due compliance with the legality of the adopted Agreements. That said, and although it is applicable to any administrative body (sole administrator, several joint/solidary administrators and/or Board […]
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The Preparatory Phase of the sale of companies. 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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The Rebus Sic Stantibus clause and rent reduction. […] 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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The Golden Share (or how to guarantee State contro […] 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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Penalties for non-compliance with obligations rela […] Penalties for non-compliance with obligations relating to the Equality Plan.
Having an approved and implemented equality plan is an obligation from the 7th of March 2021 for companies with between 101 to 150 employees. It should be remembered that this obligation was already binding for companies with more than 150 employees. Now companies with 50 or more employees will also have to comply with it. […]
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The new directive that will force SME to implement […] The new directive that will force SME to implement reporting channels.
On the 26/11/2019, the new European directive on the protection for individuals was published, which will make it necessary to reinforce internal control systems to prevent irregularities. The plaintiff’s effective defence, marks the spirit of the regulation which will reinforce compliance in the company. The definitive transposition in Spain of the European Union Directive 2019/1937 […]
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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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