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COMPULSORY TRANSMISSION OF MEMBERSHIP INTERESTS (SHARES)

Article 109 of the Spanish Capital Companies Act (SCC), contains various provisions regarding the compulsory transmission of membership interests: (1) Firstly, the obligation on the part of the Company, upon notification by the courts or administrative authority decreeing the seizure, to note the seizure in the members registry book and to immediately send the notification received to those partners free…

AGREEMENTS ON SUPPLY OF DIGITAL CONTENTS AND SERVICES

EU Directive (EU) 2019/770 concerning contracts for the supply of digital content and digital services was published recently on 22nd  May. It is a set of regulations on the requisites which contracts between traders and consumers for the supply of digital content or digital services must contain. These rules apply to contracts between traders who supply digital contents or services…

CLAIMS AGAINST AIRLINES FOR PROBLEMS WITH FLIGHTS

Given the upcoming holiday season where the majority of people take their long-awaited and well-deserved holidays, we would like to take a practical look at issues related to flight delays and cancellations which cause so many upsets (and internet searches) for thousands of people during these months. One obvious issue is that the massive displacement of people during these months…

MODIFICATION OF THE REGULATION FOR THE ENFORCEMENT OF THE TRADEMARK LAW

Following on from our recent article regarding industrial property law, allow us to now comment upon the new developments in the Regulation for the enforcement of Act 17/2001 (Trademark Act), which entered into force on 1st May (Royal Decree 306/2019) for modifying the framework established in  the existing regulations (Royal Decree 687/2002) and which constitutes the essential mechanism so that…

ENHANCED MAJORITY IN THE PARTNERS GENERAL MEETING – LIMIT TO THE AUTONOMY OF THE COMPANY BY-LAWS

The resolution issued by the General Directorate of Notaries and Registries (the GDNR) of 3rd April 2019 deals with whether it is possible for the  company by-laws to modify the ordinary majority established by the Law. In the case in question, the following modification to the company by-laws was adopted in the general partners meeting of a limited liability company.…