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HOW TO DETERMINE THE CORPORATE PURPOSE? (II)

I. Applicable Rules Both article 23 of the Spanish Capital Companies Act and articles 117 (for joint-stock companies) and 178 (for limited liability companies) of the Commercial Registry Regulation require that the corporate purpose should be recorded in the company bylaws which determine the activities included therein. This mention is essential for the registration of the bylaws with the Commercial…

INSTALLATION OF A VIDEO SURVEILLANCE SYSTEM IN A RESIDENT’S ASSOCIATION WITHOUT THE CONSENT OF ALL OF THE INTERESTED PARTIES

A recent judgment of the  Court of Justice of the European Union allows the possibility for a national law to permit the installation of a video surveillance system in the communal areas of a building even without the consent of one of the interested parties, based upon legitimate interest, in accordance with the requirements established in the now repealed Directive…

CRYPTOCURRENCY – NEITHER MONEY NOR CURRENCY

The question regarding the nature of cryptocurrency has been the subject of case-law debate and entrenched postures, especially regarding whether it should be considered money or currency. The Spanish Supreme Court, via a judgment derived from criminal proceedings, addresses this issue and comes to establish that cryptocurrency is not a material object, neither does it have the legal consideration of…

SELF-CONTRACTING: REGISTRATION PROBLEMS

The figure of self-contracting often appears in current legal traffic, although it lacks systematic and unitary legal regulation. There are only a few regulatory provisions that prohibit specific cases of self-contracting, such as when the commission agent enters into a contract without the consent of the principal in commercial matters (Article 267 of the Spanish Commercial Code). In the case…

BRUSSELS REAFFIRMS THE LEGALITY OF THE TPO AND THE TPI FIFA RULES.

Recently, the Court of Appeal of Brussels dismissed the appeal filed by Doyen Sports Investments and the Belgian club, F.C. Seraign, questioning the illegality of the FIFA rules regarding Third Party Ownership (TPO) and Third Party Influence (TPI). Said rules establish that: a) TPO: No club or player may sign a contract with a third party which concedes to a…