The convenience of having a professional secretary of the board

5 November, 2018

The Spanish Corporate Law was amended in 2014 (Law 31/2014) to improve corporate governance, which included an article dedicated to the functions and responsibilities of the secretaries of the Board of Directors. Although this article is dedicated to listed companies in stock exchange market, it…

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The publicity of the beneficial owner of the companies will be accentuated soon.

29 October, 2018

The Fifth Directive of the European Union for the Prevention of Money Laundering and the Financing of Terrorism, of 30 May 2018, echoes the great concern over the recent attacks suffered (Paris, Nice, Berlin, Brussels, London, Barcelona and Cambrils), and is determined to toughen the…

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The Preliminary Rulings introduced to the CJEU amend the delay of the Constitutional Court

15 October, 2018

In our post, dated February 5, 2018, we commented that a judge of first instance had reached the Court of Justice of the European Union to consult the legality and adequacy of the mortgage index to the necessary transparency required by Community Law. As previously…

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Companies cannot be wind up with pending debts.

1 October, 2018

This statement seems obvious, but sometimes companies are wind up with possible contingent liabilities that have not risen yet. Until recently, Courts were not unanimous in classifying this issue, sometimes considering that, having solved the company, it was only possible to claim the shareholders for…

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Early termination: another abusive clause in consumer law.

20 September, 2018

Lastly, the Court of Justice of the European Union is shaping the interpretation of the application of consumer legislation, and in particular, the abuse of certain clauses. Now, it is the early termination in the contracts for loans with mortgage guarantee the one that has…

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What is the real value of a property which is transferred, for the Transfer Tax?

13 September, 2018

Can this value be different from the one that would be fixed by the Tax Administration according to a valuation method through multiplying coefficients on the cadastral value assigned to the property? In accordance with art. 10 of Transfer Tax Law, the taxable base is…

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New modifications to the Law of Urban Rentals

23 July, 2018

We already commented previously the modification of the Law of Urban Rentals of 2013, where we highlighted the reduction of the minimum mandatory term (which passed from five to three years) and the need to register the lease in the Real Estate Registry, to maintain…

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Injustices of the tax system: The inclusion of legacies in the basis of calculation of the ‘household items’.

17 July, 2018

What happens when a person dies and leaves an inheritance of 3 Million €, but 2 Million € of this inheritance constitutes a special legacy for a person who is neither heir nor a legal portion receiver? Who pays for the ‘household items’? Article 15…

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Fines for undeclared cash at customs are excessive.

11 June, 2018

The Court of Justice of the European Union has sentenced that fines about twice the undeclared amount are excessive. The Spanish regulations on Foreign Transactions, especially the Regulation on the entry and exit of money by border, establishes the seizure, except for a survival minimum,…

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Pay attention to the lease of the premises by transferring the business

22 May, 2018

We sometimes feel that the lease of the premises does not receive a special attention when considering the transfer of a business. Profits, usual customers and their average purchase, labor costs, contracts with suppliers, leases of machinery, accounts and bank obligations, the more or less…

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