Spanish Preliminary Proceedings
What are preliminary proceedings, and what is its purpose? Preliminary proceedings refer to a short, expedited procedure to be conducted prior to filing a lawsuit. Through these proceedings, the prospective plaintiff or claimant can request the assistance of the court to obtain information, specify, or clarify essential data and issues necessary for the filing and […]
Sports Corruption
The ‘ Operation Pizarro’, the ‘Eldense Case’, the ‘Levante-Zaragoza Case’, and ‘Operation Oikos’ are some of the sports corruption cases that have been investigated in Spain. The ongoing ‘Negreira Case’ is the one which is making the strongest impact due to its media coverage. It follows an investigation pursued by the Tax Agency against Mr. […]
Information Asymmetries in creditors’ restructuring plans
What innovation does Directive 2019/1023 introduce for creditors and how is it reflected in the text of the Law? With the transposition of the Directive 2019/1023 by Spanish Law 16/2022, which amends the Consolidated Text of the Bankruptcy Law (hereinafter, TRLC), creditors have the possibility to take the initiative in a restructuring scenario requesting the […]
Whistleblowing Channel
The deadline for companies to establish and activate a “Whistleblowing/Reporting Channel” expired on December 1st, 2023, in accordance with Law 2/2023, of February 20th, 2023, which protects individuals who report regulatory breaches in their fight against corruption. What is a Whistleblowing Channel? A Whistleblowing Channel is a tool that falls within the Compliance scope, and […]
Doing Business in Spain – VI. Shareholders’ rights: attendance and voting at shareholders’ meetings.
What are the shareholders’ rights in a company? In any company, all types of shareholders are entitled to a series of rights. Article 93 of the Royal Legislative Decree 1/2010, dated July 2nd, approving the amended and restated text of the Capital Companies Act (“TRLSC”), contains a list of rights of significant relevance in the […]
Doing Business in Spain – V. How to set the management structure of corporations (Sociedades Anónimas or S.A.) and limited liability companies (Sociedad Limitada or S.L.)?
Who can manage an S.A. (Sociedad Anónima) and an S.L. (Sociedad Limitada)? Continuing with our ongoing series on “Doing Business in Spain,” we will delve deeper into investors’ options when selecting the most suitable management structure for their companies in Spain. Specifically, we will focus on companies operating as either Sociedad Anónima (“S.A.”) or Sociedad […]
Rodrigo Olivares-Caminal on the merger between Credit Suisse and UBS
The merger between Credit Suisse and UBS is creating waves across the banking sector. Rodrigo Olivares-Caminal, Of Counsel at Kepler-Karst and professor of Banking and Finance Law at Queen Mary University of London, comments for Bloomberg about this momentous event. As part of the transaction, the Swiss regulator ordered the write-down of the riskiest notes […]
