Legal articles GS
The position of the creditor in the new Spanish bankruptcy system
PDF VERSION The 26th of September 2022 the new Spanish Bankruptcy Law will come into force. One of the main aspects of the new regulation is that it grants a new role to creditors within the bankruptcy procedure, which they did not have until now. This article aims to...
Trade secrets violation and breach of the duty of confidentiality in the framework of the acquisition of a hotel complex: commentary on the Court decision of the appeal court of Barcelona n. 853/2022, May 20.
PDF VERSION The Court decision of the Appeal Court of Barcelona n. 853/2022, May 20 solves the appeal against the first instance court decision that resolved the case of trade secrets violation and breach of a confidentiality agreement, in the framework of the...
The assignment of the trademark derived from the sale of the undertaking: On the presumption established in the article 47 of the Spanish trademark law.
PDF Version A trademark is a distinctive sign that belongs to the intangible assets of the undertaking and aims to distinguish the goods and services of one undertaking from those of other undertakings. A trademark as an asset is used in the course of trade and as an...
Distribution and Franchising. New vertical block exemption regulation and guidelines.
PDF VERSION The European Commission has adopted a new Vertical Block Exemption Regulation (“VBER”) which replaces the previous one approved in 2010. The new VBER updates the principles for a general exemption from competition rules for vertical agreements (including...
The board of directors of non-listed companies in Spain
PDF VERSION 1.- Introduction The managing body of a company can adopt different forms: a sole director; various members acting jointly and severally, or jointly; or a Board of Directors. The managing body of a company, no matter which of the aforementioned...
The creditor’s position in the Spanish Insolvency Law Reform Project
PDF VERSION The Spanish Insolvency Law Reform Project gives a new role to creditors in the insolvency proceeding that up until now they had not had. Even though these are not the only ones, there are two new possibilities that are to be relevant to the...
Business litigation in Spain
PDF VERSION 1.- Introduction: The Spanish Court System The Spanish Court System is divided into five different jurisdictions classified by subject: civil, criminal, administrative, labour and military. Each of the jurisdictions has its own substantive law and...
How to close a subsidiary in Spain: Express insolvency and new proceeding for microenterprises
There are foreign companies with a subsidiary in Spain that are considering the possibility of ending their activity in Spain due to the economic situation over the past years. Closing down an insolvent business in an orderly manner (i.e: bankruptcy proceeding) is a...
Bill to promote the start-up ecosystem in Spain (“The Start-up law”)
The Spanish Government has recently approved the Bill to promote the Start-up ecosystem in Spain, more commonly known as the “Start-up Law”. This Law will come into force by the end of this year. The draft of the Start-up Law establishes the specific legal framework...
The special employment regime for Senior Management in Spain
Foreign companies with a subsidiary in Spain usually ask about the special employment regime of senior managers and how it works in Spain. There are some important aspects that need to be considered before making any decision. 1.- Definition and main features of...
Franchising in Spain
Year after year the franchise sector in Spain has been growing with new brands, more outlets and additional jobs created. According to the information published by the Spanish Association of Franchisors, in 2020 a total of 1,381 franchised brands were in operation in...
How to incorporate a company in Spain.
There are different types of corporate structures in Spain but for the purposes of this article we will focus on the process and requirements to incorporate a limited liability company, also called “Sociedad Limitada” or “S.L.”. This is definitely the most popular...
M&A in Spain: Useful tips for foreign investors
M&A legal work has progressively adopted a standardized approach throughout jurisdictions, with some well-defined milestones followed in all deals; Letter of Intent (which can also be called Memorandum of Understanding or Term sheet), Due Diligence process, Shares...
The position of the minority shareholder in a subsidiary in Spain
Some foreign companies with a subsidiary in Spain usually ask about their position as shareholders of less than 50% of the shares of a Limited Liability Company (S.L.), in Spain, when there is a conflict between partners. Some of them even appoint us as legal...
Directors in a Spanish Limited Liability Company
There are several aspects that must be considered when incorporating a limited liability company in Spain (“Sociedad Limitada”), and one of them is how the company will be managed; how many Directors are needed, who can be a Director, which are the requirements to be...
Unsuccessful precautionary measures in a case of construction
Comes to our law firm for legal advice a promoting company who had concluded a contract for work by which the contractor agreed to restore a building and transform it into nine apartments. As a consequence of some disagreements related to the final price of the...
Non-residents taxation: debt or equity investments in Spain
The tax residence of an investor is key to determining the taxation applicable to its income obtained in Spain. Thus, while investors residing in Spain must pay taxes on the income obtained worldwide - either by personal income tax or by Corporation Tax, depending on...
Setting up a business in Spain
Setting up a business in Spain can be done using a variety of legal forms. Choosing one or another will be very much dependent on the needs and priorities of each investor. In this article we outline the most frequently used legal structures in Spain: Autónomo (Sole...
M&A and Real Estate opportunities in Spain
With the toughest months of the Covid-19 pandemic soon behind and the start of the vaccination campaign approaching, the Spanish economy will be embarking on a new path to return to pre-Covid levels. In this article, we analyze the main effects of the pandemic, how...
Giménez-Salinas, first Spanish member of GBL Alliance
GBL Alliance has selected Giménez-Salinas Abogados as its exclusive partner in Spain The global network of independent law firms, GBL Alliance, has appointed Spanish law firm Giménez-Salinas Abogados as its exclusive member in our country. Giménez-Salinas Abogados...