Under the current Spanish insolvency framework, the court-approved restructuring plan is the cornerstone of Spain’s pre-insolvency regime. It is a legal instrument designed to modify the composition, terms or structure of a debtor’s assets, liabilities or equity, including transfers of assets, business units or the business as a going concern, together with any operational changes […]
Read more
Insolvency proceedings are intended to organise situations of insolvency, balancing the interests of the debtor and their creditors. However, where certain blameworthy conduct is present in the actions of the debtor or its directors, the legal system provides for the classification of the proceedings as culpable due to accounting irregularities. Among the most relevant cases […]
Read more
Corporate criminal liability in the agri-food industry Following the reform of the Spanish Criminal Code introduced by Organic Law 5/2010 of 22 June, Spanish legislation recognises the criminal liability of legal persons in cases expressly provided for by law. A company may be held criminally liable for offences committed in its name, on its behalf, […]
Read more
What is sexual harassment at work under the Criminal Code? Article 184 of the Spanish Criminal Code provides that anyone who solicits sexual favours, for themselves or for a third party, within the framework of an employment relationship and thereby creates for the victim an objectively and seriously intimidating, hostile or humiliating situation, shall be […]
Read more
What is criminal compliance in hospitality? Until relatively recently, criminal compliance was mainly associated with highly regulated sectors. However, companies across a growing range of industries are adopting compliance programmes as part of their social responsibility, good governance, and commitment to transparency. Criminal compliance in hospitality businesses — such as hotels and restaurants — involves […]
Read more
Obligated Parties in the Prevention of Money Laundering in the Art Sector
Law 10/2010 of 28 April on the Prevention of Money Laundering and Terrorist Financing establishes the status of obliged parties for individuals or legal entities trading in works of art or antiques. This status entails a legal duty […]
Read more
Articles 111 et seq. of Royal Legislative Decree 1/2020, of 5 May, approving the revised text of the Bankruptcy Law, regulate the continuation of the exercise of the professional or business activity after the declaration of bankruptcy. Does the declaration of bankruptcy interrupt business activity? Firstly, it is established that the declaration of bankruptcy proceedings […]
Read more
Article 206 of the Caorporate Enterprises Act regulates the standing to challenge corporate resolutions adopted by the General Meeting of a commercial company. Percentage of share capital required to challenge company resolutions In principle, any of the directors, third parties with a legitimate interest and shareholders who have acquired such status prior to the adoption […]
Read more
Reform of the Civil Proceedings Law Royal Decree-Law 6/2023 of 19 December, approving urgent measures for the implementation of the Recovery, Transformation and Resilience Plan in the areas of public service of justice, civil service, local government and patronage, has thoroughly reformed the Civil Procedure Act. How to notify a civil judicial procedure to a […]
Read more
Insolvency law provides for the possibility for a creditor to request the declaration of insolvency (insolvency proceedings) of a company against which it has an unsatisfied claim. It should be specified that a creditor who, within the six months prior to the lodging of the application, has acquired the claim by inter vivos acts and […]
Read more
The Council of Ministers has recently approved the Preliminary Draft Bill amending the Criminal Code to transpose directives on the fight against fraud and counterfeiting of means of payment. The new law transposes three EU directives into Spanish law: Directive (EU) 2019/713 on combating fraud and counterfeiting of non-cash means of payment; Directive 2014/57 (EU) […]
Read more
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 […]
Read more