The collective agreement (as defined in Title III of the Workers’ Statute Collective bargaining and Collective agreements) is an instrument to regulate the workplace, since the representatives of both employees and employers negotiate the rights and duties contained in the agreement.
Legal advice for Chinese investments in Spain
The notion due diligence comes from Anglo-Saxon Law and refers to the duty of precaution to be taken by any reasonable buyer or investor. It consists in an investigation procedure completed by a buyer or an investor of the object of his potential acquisition, before making his final decision.
In this article, we will take a closer look at the role of the executor, which is regulated in article 892 of the Spanish Civil Code (Cc) and who appears on a regular basis in inheritance procedures in Spain.
The comprehensive reform of the European Union’s 1995 data protection rules, which is to come into effect following the conclusion of negotiations on its implementation between European Parliament and the Council of Ministers, will unify the data protection law across European member states and ensure more effective control of people over their personal data.
Electronic mail, or e-mail, has become a basic communication tool and as such can verify a multitude of situations and agreements that may be relevant as evidence in a trial. But how does a judge know if a printed e-mail provided as evidence in a trial has been modified by the party who provides it?
Many times, managers of companies are obligated to disclose personal employee information or images from security cameras to Spanish police officers. It raises the question whether supplying such information violates the law on the protection of personal data.
The New Commercial Code in Spain regulates the general provisions applicable to all corporations, differentiating between two broad categories:partnerships and venture capital companies.
Within each category, there is a distinction between common provisions and particular or special provisions, such as public limited partnerships within partnerships and private limited companies and public limited companies within venture capital companies.
The provisions also incorporate the rules relating to European companies based in Spain, the issuance of bonds and limited partnership by shares.
The Code reverses regulations on venture capital companies in favour of the public limited company, the preferred type of company. Many of the rules apply in favour of the private limited and public limited companies.
The Code aims to achieve greater correspondence between the capital of a company and the chosen corporate structure. Therefore, public limited companies must have a minimum amount of 3,000 euros in capital shares, whereas in venture capital companies the minimum is 120.000 euros.
The New Code maintains the differential treatment of listed companies established in the revised text of the Corporations Act 2010, along with some new features. It details the rules corresponding to company law and addresses issues such as the prohibition of restrictions on voting rights, the right to know the identity of shareholders, prior information of the general meeting, the right to submit new proposals for agreement and the specialties on the right to information.
Coordination with good rules of governance translates into greater momentum from the beginning to have balanced participation of both women and men on the boards of listed companies.
The Code is also responsible for shareholders associations and forums, the rules of public request for representation, conflict of interests and the types of directors, among others.
This draft legislation takes on the regime on joint ventures, economic interest groups, and temporary business unions. The concept of a group of companies is based on the criterion of control; i.e. a subordinate or hierarchical structure with a parent company and subsidiaries. However, it does not dispense with the existence of coordinating groups where two or more independent companies operate under a single management.
The Spanish trade is based on Royal Decree 1/2007 of 16 November 2007, which laid ground for the revised text of the General Law of Consumer and User Protection and other complementary acts. Nevertheless, and given that many responsibilities have been transferred to the Autonomous Communities, which will not be further discussed here, we will focus on the legislation of Madrid in this article.
