Circular

Keep your business information safe: The new act on business secrets will help you

The efforts undertaken internationally to ensure that the competitiveness of companies and research organizations that are based on know-how and undisclosed business information (business secrets) are adequately protected have a long standing. At first, these efforts were reflected in the Agreement on Trade-Related Aspects of Intellectual Property Rights (Annex 1C of the Convention Establishing the…
Leer más

The Royal Decree Act 21/2018 on lease contracts: A short duration

The Act 29/1994, of November, 24th, on Urban Leases (LAU), has been modified often since it entered into force. No need to go far to find examples, LAU was last modified in 2013 – we then issued our Newsletter 5/2013, which remains available in our website. The amendments to the LAU herein outlined were introduced…
Leer más

The IIVTNU: the TS precise the reach of the STC 59/2017, of May 11

As we discussed in our Circular 01/2018, the Constitutional Court (TC) in its Judgment of No. 59/2017, of May 11, 2017 (STC 59/2017), came to establish the partial nullity of certain articles of the Tax on the Increase in the Value of Urban Land (IIVTNU) because, in application of the same, it could be possible…
Leer más

Once again with the swaps and other complex financial products: there is still time to claim

When we thought that companies who has been affected by financial products were losing their chances to claim against the financial institutions, basically, because of temporary issues, the Supreme Court (hereinafter, also as “SC”) have shed light on that issue again by allowing more time to them in order to sue the Banks which commercialized…
Leer más

New European regulations on data protection DO NOT PANIC!

As at this point almost everyone should already know, since the media bombardment of specialised consultancy firms has been intense for the last months, as of 25 May next applies in Spain, and in other Member States of the European Union, Regulation (EU) 2016/679, of 27 April 2016, on the protection of natural persons with…
Leer más

The remuneration of the executive directors: The Supreme Court dispels the companies registrars misconception

On February 26th, 2018, the Supreme Court (hereinafter, also as “SC”), in its sentence no. 98, gave an abrupt change of direction to the interpretation that Regional Courts and the General Directorate of Registers and Notaries have been maintaining regarding the provisions which regulates unlisted companies’ CEOs and executive directors remuneration after 2014 reform of…
Leer más

IIVTNU: Chronicle of an announced reform

The Tax on the Increase in the Value of Urban Land (IIVTNU), also known as municipal surplus value, is a municipal tax, not exempt from controversy in recent years. Its taxable event has started from the presumption that the mere passage of time increases the value of the land, a question that is very debatable,…
Leer más

The manager's responsibility in fact: some disturbing practical considerations

The responsibility of the Administrator is one of those recurrent issues in the corporate practice and in the legal literature which, it is understandable, worries the managers of the mercantile companies and occupies its advisers, both in the preventive plane,-what I must do not to incur that responsibility-as in the reagent-how I defend myself in…
Leer más

A new method for updating the income: the ' Competitiveness Guarantee index '

On March 31, 2015 was published in the Official Gazette of the state, – quite bland, by the way, in recent months, as a result of the legislative inactivity –, the law 2/2015 of deindexing The Spanish economy (the "Law 2/2015"). The law aims to dissociate from the traditional index of consumer prices ("IPC") published…
Leer más

New corporation tax law (part III)

With this circular we close the serial of novelties introduced by the new IS law. It is the turn to echo all the innovations introduced in relation to related operations: perimeter of linkage, obligation of documentation of this type of operations, methods of valuation, etc. 151202_Circular_11 -2015 _ Reforma_IS_Parte_III_operac_vinculadas