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Company Law, Blog
Fondo oscuro

The Golden Share (or how to guarantee State control in privatized companies).

When the State decides to dispose of its shareholdings and leave them – totally or partially – in private hands, there is no guarantee that the services of public interest that these companies offered will be sufficiently protected. For this reason, several of the States that privatized their public companies (energy, gas, telecommunications, electricity, airlines, […]
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Blog, Commercial Law, Company Law
Fondo oscuro

What is a “drag along” clause?

In today’s blog post for Devesa & Calvo Abogados Alicante and Valencia, I am going to refer to the “drag along” clause, also known as drag along right. This type of clause is often used in our professional practice to protect those clients who wish to have the possibility of closing a good business deal […]
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Company Law, Blog, Blog, Company Law
Fondo oscuro

Warrant. Concept and types.

¿Qué es un warrant? Un warrant es un título valor negociado en un mercado oficial de valores que otorga a su titular el derecho (pero no la obligación) de comprar o vender una determinada cantidad de un activo, denominado “activo subyacente”, a un precio fijo y durante un plazo determinado. El activo subyacente puede consistir […]
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Company Law, Blog, corporate law
Fondo oscuro

Zombie Companies: Implications of corporate inactivity.

It is not unknown that some businessmen have opted over the years to leave their companies “inactive” when, in fact, they should have opted for their dissolution and liquidation before they became the so-called “Zombie Companies”. The purpose of this decision was none other than to avoid considerable dissolution and liquidation costs (basically, the formal […]
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Blog
Fondo oscuro

New transparency obligations for investment funds in environmental matters.

On the  10th of March it came  into force the obligation for investment funds to adapt and update the information in their prospectuses for investors in the sense regulated by EU Regulation 2019/2088 of the Parliament and the Council of  the  27th of  November 2019. The mentioned EU regulation is directly applicable to all EU […]
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Labour Law, Blog
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Penalties for non-compliance with obligations relating to the Equality Plan.

Having an approved and implemented equality plan is an obligation from the 7th of March 2021 for companies with between 101 to 150 employees. It should be remembered that this obligation was already binding for companies with more than 150 employees. Now companies with 50 or more employees will also have to comply with it. […]
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Blog, Tax
Fondo oscuro

Tax Control Plan for 2021.

As every year, the Directorate  – General of the AEAT publishes the general guidelines of the Annual Tax and Customs Control Plan in the BOE (Official Government Gazette), which establishes the criteria where the actions of the tax verification and inspection bodies will be based during each financial year. On Monday the 1st of February, […]
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Blog
Fondo oscuro

The new directive that will force SME to implement reporting channels.

On the 26/11/2019, the new European directive on the protection for individuals was published, which will make it necessary to reinforce internal control systems to prevent irregularities. The plaintiff’s effective defence, marks the spirit of the regulation which will reinforce compliance in the company. The definitive transposition in Spain of the European Union Directive 2019/1937 […]
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Company Law, Blog
Fondo oscuro

Legal entity administrator. Basic concepts.

There are many doubts that arise when deciding to appoint a legal entity administrator of another company and, for this reason, the matter should be studied in depth before making decisions. Mainly, administrators (or potential administrators) are usually interested in this option to try to protect themselves regarding the liabilities that may arise from its […]
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Company Law, Blog, Company Law
Alerta bancaria de pago no autorizado

Bank liability in unauthorised online payment transactions

Royal Decree-Law 19/2018, of 23 November, on payment services, in force since 25 November 2018, provides in Article 45, concerning bank liability in the event of unauthorised payment transactions, as follows in its first paragraph: “…where an unauthorised payment transaction is executed, the payer’s payment service provider shall refund the amount of the unauthorised transaction […]
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