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COORDINATION OF LEGAL ACTIONS FOR COMPANY DIRECTOR RESPONSIBILITY WITHIN INSOLVENCY PROCEEDINGS.

I.    INTRODUCTIONLaw 38/2011 of 10th October, reforming Spanish Insolvency Act 22/2003 (hereinafter referred to as “SIA”) introduces a series of modifications in relation to the functioning of legal actions for company director responsibility, regulated in the Capital Companies Act (hereinafter referred to as “CCA”), within insolvency proceedings. In the following, the articles of the SIA, which, regarding this area, were…

INDIVIDUAL OBJECTIONS TO THE COLLECTIVE DISMISSAL PROCEDURES CARRIED OUT DURING INSOLVENCY PROCEEDINGS

INTRODUCTIONDuring the insolvency proceedings of the company GRUPO DUHL, S.L. the competent Commercial Court issued an order passing the collective dismissal of the employees of said company.The employees formulated an appeal objecting to the aforementioned court order in the face of the decision of the Commercial Court.In their appeal, the employees argued, amongst other things, that an infringement of the…

CONSEQUENCES OF THE NON REGISTRATION IN THE COMPANIES REGISTRY OF A DIRECTOR’S POST

I. INTRODUCTION By means of resolution of 6th November 2012, the General Directorate for Registries and Public Notaries (Dirección General de los Registros y del Notariado – DGRN) dismissed the appeal filed against the qualification issued by the acting land registrar in Vielha, which rejected the inscription of a public deed of a loan novation agreement with a mortgage guarantee…

COMMENTS ON THE DRAFT BILL FOR THE MODIFICATION OF THE INTELLECTUAL PROPERTY ACT AND SPANISH CIVIL PROCEDURE ACT

I.- INTRODUCTION. On Friday 22nd March 2013 the Cabinet of Spain passed the Draft Bill for the modification of the Intellectual Property Act and Spanish Civil Procedure Act. II.-  PRINCIPAL MODIFICATIONS. The main measures intended to be introduced by said draft bill may be divided into four blocks: a)     Implementation of EU Directive 2011/77/UE in Spanish legislation, by virtue of which the term of protection of…