Can I transform my Limited Liability Company (LLC) […] Can I transform my Limited Liability Company (LLC) into an Public Limited Company (PLC)?
Category: legal
The regulation of limited and public limited companies (LLC and PLC) in Spain, is mentioned in the included in the Spanish Royal Legislative Decree 1/2010, of 2 July, which approves the revised text of the Capital Companies Act, however, it does not include the transformation procedure, as this legal figure is one of the so-called […]
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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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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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Criminal liability for forgery in the minutes of c […] Criminal liability for forgery in the minutes of collegiate bodies.
Company directors may be criminally liable for the offence of falsification of a commercial document when they certify resolutions adopted at non-existent meetings or record the attendance at the meeting of shareholders who did not attend. In this sense, case law classifies the certifications of company meetings that were not even held and which, therefore, […]
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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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Legal entity administrator. Basic concepts. Legal entity administrator. Basic concepts.
There are many doubts that arise when deciding to appoint a legal entity administrator of another company and, for this reason, the matter should be studied in depth before making decisions. Mainly, administrators (or potential administrators) are usually interested in this option to try to protect themselves regarding the liabilities that may arise from its […]
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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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