secretos-empresa

The expected Law of Trade Secrets has been adopted

26 February, 2019

On last Thursday, February 21th, the new Law on Trade Secrets (LSE) has been published, and will come into force in twenty days. The approval of this law is the result, out of deadline, of the transposition of Directive (EU) 2016/943, of June 8th, 2016,…

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Brunch-del-ICAB

Juan Núñez took part in the International Brunch of the ICAB

18 February, 2019

Juan Núñez took part once again in the International Brunch that the Barcelona Bar organized last Saturday morning, during its annual festivities. This event brings together prominent jurists from different countries, who attend the festivities of the Sant Raimón de Penyafort festival, on current legal…

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Derecho-de-separación-de-socios

New modification at the right of separation for partners, due to lack of distribution of dividends in the companies.

21 January, 2019

Law 11/2018, of December 28, has once again modified the right of separation in case of lack of distribution of dividends. The previous wording of article 348 bis LSC, whose ‘raison d’être’ was to reduce the possible pressure produced by the majority shareholders over the…

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alquiler

The new reform of the law of urban rentals

2 January, 2019

In last July, we already commented on the announcement that the Government was going to proceed to modify the LAU (Urban Renting Act), and therefore, on December 18, 2018, Royal Decree Law 21/2018 of December 14th on urgent measures about housing and rent was published;…

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administrador

Important clarifications on the remuneration of company managers

19 December, 2018

The remuneration of social managers is a main issue within the corporate life. The ruling of the Supreme Court on February 26 on the issue of the regulation of the remuneration of company managers generated enormous uncertainty in Spanish commercial ruling, as it meant a…

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noticia

International conference in Lyon on posted workers.

25 November, 2018

Last Friday, a conference organized by the AEA-EAL on posted workers took place in Lyon, with the participation of specialist lawyers, businessmen, members of public administrations, employers and trade unions, and judges of the CJEU. The conference put on the table the debate on the…

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consejo-de-administracion

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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notario

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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tribunal

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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office-3295556_1280

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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