Legal articles GS
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...
Assignment of the right to claim under spanish case law
Introduction On 26 September 2002, the Supreme Court defined the assignment of receivables as the “replacement of the creditor with another person respect to the same credit, (and) implies a change of creditor, the new creditor having the same right as the previous...
The firm advice a board of directors.
The firm advises the board of directors of a credit financial institution on the legal challenges of its relationship with the Bank of Spain, consumer regulations and the latest legislative developments that directly affect its business. A partner of the firm is a...
Transaction agreement with a banking institution
We have recently reached a transactional agreement with a bank in a matter of pledged shares by a foreign client. The conflict was that the bank blocked the order of sale of our client's shares because of the pledge, producing a price depression. The agreement has...
Collective of more than 50 affected
The firm has defended for years a group of more than 50 affected by a fraud for fraudulent issuance of mortgage bonds (Caja Hipotecaria de Valores) with the participation of two Notaries. With the objective to recover the investment made in its day, whose amount...
Lawsuit against a promoter
We have recently filed a lawsuit against a promoter, its administrator, and a bank for delays in the delivery of houses. The promoter failed to fulfill its obligation to deposit the advances into a special account and to take a financial guarantee, as required by law....
National and international clients in credit recovery
Since its creation, the firm has advice national and international clients in the recovery of their credits through legal proceedings, both in Spain and abroad. Do not take large debt portfolios, but rather prefer the cases of special complexity.