2020 Losses Will Temporarily Not Count as Cause for Dissolution of Companies in Spain

The Spanish Law on Capital Stock Companies (Ley de Sociedades de Capital) establishes that a company has an objective cause for dissolution when losses decrease net equity to an amount equal to less than half of its capital. Within two months of when the governing body learns or should have learned of said situation, it must call the shareholders to a meeting to adopt the necessary corrective measures, proceed with dissolution of the company or request a declaration of insolvency. Failure to comply with this obligation implies that the director is jointly and severally liable for the corporate obligations subsequent to the occurrence of the legal cause for dissolution.

This entry was posted on 2 June 2021 by Christian Krause in Corporate and M&A.

Spanish Courts Put The Prohibition to Dismiss Due to Coronavirus and The Employment Safeguarding Clause to The Test

On 28 March 2020, in the midst of the state of alarm in Spain, Royal Decree-Law 9/2020 of 27 March entered into force. It adopts complementary measures in the context of employment to mitigate the effects of COVID-19. These regulations include, inter alia, in Article 2, the “prohibition” to dismiss when it is due to force majeure or economic, technical, organisational or production-related causes (ETOP) governed in Articles 22 and 23 of Royal Decree-Law 8/2020 of 17 March.

This entry was posted on 2 June 2021 by Monika Bertram in Labour.

Over 50 in Spain: Will a Dismissal Be Declared Null? Companies Panicking

If you have not heard of it yet, surely you will soon: it is none other than Ruling no. 323/2020 of 18 November, handed down by Labour Court no. 33 of Madrid. From November? Yes, despite its “age,” it has been generating discussion of late due to dismissals of workers over 50. This can be summarised in two simple and terrifying words for companies: null and void.

This entry was posted on 27 May 2021 by Patricia Rivera Almagro in Labour.

Spain: Important News for Capital Stock Companies After Law 5/2021 of 12 April

On 13 April in the Official State Gazette (BOE), Law 5/2021 of 12 April (the “Law”) was published. It introduces important amendments to the consolidated text of the Law on Capital Stock Companies (“LSC”), both for listed and non-listed companies. The Law entered into force on 3 May 2021.

This entry was posted on 26 May 2021 by Christian Krause in Corporate and M&A.

Corrective Invoices: The Term for VAT Refund to Non-Residents in Spain

In Spanish VAT, there are two main systems for refunds: one for business owners established in Spain and another for non-residents. The latter is drastically different from the refund method regulated for business owners with establishments in Spain; this article, however, will focus exclusively on the deadline for requesting said refund.

This entry was posted on 24 May 2021 by Gustavo Yanes in Tax.

Here to Stay: Revision of the Spanish Law on Capital Stock Companies is Supposed to Lead to Complete Digitalisation of Meetings of Spanish Corporate Bodies

Some of the changes caused by the COVID-19 pandemic have come to stay. The crisis has dramatically shown us the importance of digitalisation regarding both public and private life. For companies, investing in digital technologies has proven to be a means of resilience. Following this trend, an amendment to the Spanish Law on Capital Stock Companies (Ley de Sociedades de Capital or “LSC”) is supposed to make complete digitalisation of meetings of the Spanish corporate bodies possible. This article analyses the planned legal reform and its relevance for Spanish companies.

This entry was posted on 20 May 2021 by Nadja Vietz in Corporate and M&A.