International Corporate Law, Insolvency, Bankruptcy, Energy Law in Spain

Mariscal Abogados

Conde de Aranda 1, 2º iz
Madrid 28001
Spain

Phone+34 (91) 564-6432
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Articles Published by Mariscal Abogados

 Setting-up a Subsidiary in Spain

One of the main investment alternatives in Spain for a foreign company is the establishment of a subsidiary. There are two main types of companies in Spain and the ordinary procedures for their establishment.

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 Financial Technology, An Exciting Upcoming Industry

FinTech is becoming one of the most influential sectors within the economy. It has simplified mundane and extensive tasks in many industries through technological innovation within the financial sector. Law firms are starting to benefit from FinTech through different tools, which could possibly lead to law firms becoming smaller entities as more work is left to computers.

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 Protecting Trade Marks in Spain

A trade mark is a distinctive sign indicating products and services. Registration confers an exploitation monopoly to the depositor who can prohibit use of his or her distinctive sign by any third party. To protect his or her brand is essential; it prevents a third party from taking advantage of efforts invested in the product or service. In Spain, rights in trademarks are acquired with registration. A trademark is protected for ten years and is renewable infinitely.

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 How to Enforce an EU Judgement within the European Union

Council Regulation No. 44/2001 contains the rules applicable to enforce a civil or commercial judgement in another European member state. However, Spain, with no bilateral agreements, follows the Hague Convention.

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 Setting Up a Branch in Spain

Some basic notes on the concept, main characteristics, process of formation and fiscal regime applicable to a Spanish branch, one of the main ways of investing in Spain.

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 The Acquisition of Property in Spain by Non-Resident Foreigners

More and more non-resident foreign nationals, attracted by the good economic climate, decide to buy a property in Spain. The drop in real estate prices has increased the number of investors.

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 How to Protect Your Work in Spain

The protection of a work in Spain is now automatic thanks to the agreements concluded between European countries and copyright collecting companies.

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 The Spanish Copyright Law

Thanks to the introduction of the European directives, copyright law has been harmonized throughout the European territory, including Spain, and has strengthened legal protection of creators.

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 Collective Agreements in Spain

Collective agreements are agreements between unions and employers that establish wages, work schedule and other work conditions. Additionally, these agreements allow the adjustment of the rules of the company’s business sector.

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 How to Execute a Will in Spain

The Spanish legal system establishes three main forms of wills: holographic wills, open wills and closed wills.

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 Concept and Purposes of Due Diligence in Spain

The due diligence refers to an investigation procedure prior to acquiring or investing in a project. The aim of the due diligence is to give the investor or buyer a full knowledge of all the costs, benefits and risks involved in the transaction, so that he can take a reflexive decision.

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 Promotion of Investments by Venture Capital Funds in Spain

The new law for the investments in venture capital funds in Spain represents a further step for Spain out of the crisis and ant opportunity for investors.

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 Concept and Purposes of Due Diligence in Spain

The due diligence refers to an investigation procedure prior to acquiring or investing in a project. The aim of the due diligence is to give the investor or buyer a full knowledge of all the costs, benefits and risks involved in the transaction, so that he can take a reflexive decision.

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 Promotion of Investments by Venture Capital Funds in Spain

The new law for the investments in venture capital funds in Spain represents a further step for Spain out of the crisis and ant opportunity for investors.

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 Debt Collection Proceedings in Spain under Civil Law and Employment/Labor Law

Although debt collection proceedings in civil and employment labor law in Spain are proceedings with the same purpose they have some differences.

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 The Order for Payment and the Monitorio Procedures in Spain

Which election is the most suitable to collect a debt in Spain? This articles focuses on the orders for payment procedures and the so-called Monitorio procedures.

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 The Meaning of Being an International Lawyer

What is the actual meaning of being an international lawyer nowadays? Clients do not only need an expert in law, but an interpreter for the international context.

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 New Regulation Affecting Solar Thermoelectric and Wind Power Installations in Spain

On December 9th, 2010 came into force the new Royal Decree (RD 1614/2010) which governs and modifies certain aspects of electricity generation activities in Spain which use solar thermoelectric and wind power technologies; this law's aim is to contribute to the economic sustainability of the system.

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 Company Abandonment and Its Impact on the System of Managerial Liability - Spain

In this article, the author outlines the protections available to creditors of limited liability companies once they have been abandoned, or ceased commercial trading.

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 Enforcement of Bank Guarantees - Spain

What happens if the beneficiary of a bank guarantee or other surety decides to enforce it against a payment default by a debtor who has been declared insolvent? This is a crucial question not only for the beneficiary of the guarantee but also the granter thereof – in many cases a financial institution. Neither one nor the other should be unaware of the consequences if their debtor and guaranteed party, respectively, is declared to be insolvent.

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 The New Capital Company Law in Spain

The council of ministers approved on the 2nd of July a the Redrafted Text regarding the Law of Capital Companies through the Royal Legislative Decree 1/2010. The new law came in force the 1st of September 2010.

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 Spanish Labor Reform Thought - Royal Decree-Law 10/2010 from 16th June

On June 16, the Government of Spain passed Royal Decree-Law 10/2010, with urgent measures for reforming the labor market. This is a reform that has been developing over last three years, and where social agents, companies, and unions have not been able to reach any agreement.

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 Formulas for the Prevention and Resolution of Disputes in International Trade

We are currently in an economic stage of globalization and the internationalization of trade relations. Within this period, the increasing complexity of transactions and the current economic crisis are contributing factors to a greater proliferation of international commercial disputes.

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 Amendments to the Spanish Unfair Competiton Act and its Influence on other Spanish Legislation - Spain

Act No. 29/2009 of 30 December modifies the Spanish legal system of unfair competition and advertising to enhance consumer and user protection.

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 Redundancies in Time of Crisis - Spain

The Spanish Code of Labor Law sets out a special type of redundancy known as redundancy based on objective reasons. There are several reasons based on which a company could carry out this type of redundancy. We are going to focus just into the most common ones, which usually take place during economical hard times: economic and productive reasons.

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 Reform 3/2009 to the Spanish Insolvency Law

The Royal Decree Law 3/2009 of the 27th of March is a recent reform of the principal Spanish rules relating to insolvencies, i.e. the Insolvency Law 22/2003 of the 9th of July.

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 International Purchases: Which Law Applies?

An important question which often arises during an international transaction is what law applies to a contract of sale between parties from different countries. Much too frequently, the parties to an international agreement fail to include what is known as a “choice of law” provision. The failure to include such a clause may result in unexpected problems to both parties, especially in the context of debt collection.

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 Manager's Liability within the Framework of Bankruptcy

The still recent Spanish Bankruptcy Law more fully examines the legal system regarding company managers’ liability. This new liability system serves to supplement the system already provided for in the Public Limited Company and Limited Liability Company Laws, as well as the Criminal Code, within the framework of corporate crime.

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