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…
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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…
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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…
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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,…
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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…
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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…
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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

Know how the new regulation of property crimes can affect your company

Last March 31st was published in the Official Gazette of the State, the Organic Law 1/2015, of 30 March, which entered into force on July 1, 2015, amending the previous Penal code promulgated by Organic Law 10/1995, of 23 November. Within the business sphere, one of the main reforms carried out by the new Organic…
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Second-chance law or, rather, of ' mercy '

Until very distant dates, the debtor's physical person had to continue to pech with his outstanding debts, for the remainder of his days, or even his descendants, even if he had lost everything and his insolvency situation would not have been due to tortious conduct. As long as the bankruptcy of the legal person concluded…
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You can claim your debts before a notary: The Notarial payment procedure arrives

The new law 15/2015, of 2 July, of the voluntary jurisdiction, published on July 3 in the Official Gazette of the state, introduces through its final disposition eleventh, a modification of the law of 28 of May of 1862, of the notary. Specifically, it incorporates in the law of Notaries, a new title VII that…
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