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THE GOVERNMENT IMPROVES MECHANISMS FOR THE ELECTRONIC CREATION OR EXTINCTION OF A COMPANY

1. Introduction: Single Electronic Document (Documento Único Electrónico – DUE) In 2003, the company type known as the New Enterprise Limited Liability Company was created in Spain. In conjunction with said new legal form, the Single Electronic Document (DUE) emerged in the field of business law (Royal Decree 682/2003, of 7th June). Said DUE was originally destined to allow new entrepreneurs…

FREELANCERS AND LIMITED LIABILITY

Since the entering into force of the Act 14/2013, of 27th of September, to support entrepreneurs, individuals can directly and partially limit their responsibilities for the business or professional debts that they may incur as a result of their activities. Such limitation of liability is constrained exclusively to the regular residence of the entrepreneur in a way that are creditors…

NEW WAYS OF CALLING FOR A GENERAL SHAREHOLDERS’ MEETING

On the 23rd of July, the new Act of Voluntary Jurisdiction came into force. Among other issues, regulations of the Spanish Corporation Act regarding the call for the ordinary and extraordinary General Shareholders’ Meeting has been modified. Within the changes undergone, it is of special interest that referring to sharing the jurisdiction/responsibilities to call for a meeting when the administrators…

SPORTS SPONSORSHIP IN SPAIN: AN OPPORTUNITY FOR SMALL AND MEDIUM-SIZED COMPANIES

Spain offers very attractive fiscal incentives for companies that wish to project themselves in the national and international field through sporting values. There are three main ways to financially participate in sports activities: (I) Donations and contributions, (II) Agreements for business collaborations provided for by the Act 49/2002, of 23rd December, on fiscal regime for non-profit organisations and on fiscal…

ADAPTING OUR COMPANY TO THE NEW CRIMINAL CODE: ¿OBLIGATION OR OPPORTUNITY?

Which legal entities face legal responsibilities in Spain? Until the enactment of the Organic Law 5/2010, the reform of the Spanish Criminal Code (SCC) of 22nd June 2010, the principle of “societas delinquere non potest” ruled. The update of said “Law” has established those circumstances, including extenuating and mitigating circumstances, under which legal persons subject to private law (mercantile companies)…