ERTEs due to force majeure based on causes related to COVID-19 and ERTEs due to impediments to and/or limitations on activity as a consequence of the pandemic have been extended for the fifth time.
This entry was posted on 2 July 2021 by Patricia Rivera Almagro in Labour.
In the Spanish Law on Capital Stock Companies (Ley de Sociedades de Capital or “Law”), there is an article (283) which historically has not been attributed much importance because in practice either it was not applicable or very seldomly applied. The article foresees various fines (up to 300,000 euros) for companies that do not deposit their annual accounts by the legally established deadline.
This entry was posted on 24 June 2021 by Christian Krause in Corporate and M&A.
For years now, e-commerce has not stopped growing. It is undoubtable, however, that due to the prevention measures against COVID-19, e-commerce has increased significantly. It is within this context that modifications have been made to the European Directive on VAT with respect to so-called distance sales. It must be noted that this modification is exclusively directed at sales made with final customers, not business owners, which are located in EU countries other than that of the vendor’s registered address.
This entry was posted on 21 June 2021 by Gustavo Yanes in Tax.
In this article, we will consider whether, pursuant to current legislation and case law, it would be easy to go from an ERTE ETOP to a Collective Dismissal Procedure (ERE) ETOP. For this purpose, we will examine ruling number 63, handed down by the High Court of Justice of Catalonia on 3 December 2020.
This entry was posted on 10 June 2021 by Monika Bertram in Labour.
The Spanish Law on Capital Stock Companies (Ley de Sociedades de Capital) establishes that a company has an objective cause for dissolution when losses decrease net equity to an amount equal to less than half of its capital. Within two months of when the governing body learns or should have learned of said situation, it must call the shareholders to a meeting to adopt the necessary corrective measures, proceed with dissolution of the company or request a declaration of insolvency. Failure to comply with this obligation implies that the director is jointly and severally liable for the corporate obligations subsequent to the occurrence of the legal cause for dissolution.
This entry was posted on 2 June 2021 by Christian Krause in Corporate and M&A.
On 28 March 2020, in the midst of the state of alarm in Spain, Royal Decree-Law 9/2020 of 27 March entered into force. It adopts complementary measures in the context of employment to mitigate the effects of COVID-19. These regulations include, inter alia, in Article 2, the “prohibition” to dismiss when it is due to force majeure or economic, technical, organisational or production-related causes (ETOP) governed in Articles 22 and 23 of Royal Decree-Law 8/2020 of 17 March.
This entry was posted on 2 June 2021 by Monika Bertram in Labour.
In our blog “Business & Tax in Spain,” lawyers specialised in advising companies express their opinions regarding the latest news on matters as diverse as corporate law, taxation, labour legislation, intellectual property, fashion law, information technology and data protection. In addition, the blog includes a section dealing with the practical aspects of corporate accounting. The objective of Monereo Meyer Abogados is to use this space to offer current and practical information as well as to facilitate a platform for debate.