The General Directorate of Legal Security and Public Trust (the “DGSJFP”) has recently addressed the scope of statutory autonomy with respect to pledged shares. In its Resolution of April 28, 2026, the Directorate General confirms that articles of incorporation may modify the general rule under which the owner of pledged shares is entitled to exercise […]
Blog
17
Sep
Sep
On 15 September 2026, Royal Decree 723/2026 of 9 September was published, partially transposing Directive (EU) 2019/1152 on transparent and predictable working conditions. The new legislation, which replaces Royal Decree 1659/1998, significantly expands the information that employers must provide regarding the essential elements of the employment contract and the main working conditions. It will enter […]
15
Sep
Sep
When a company receives late payment for a commercial transaction, the loss is not limited to the time spent waiting. The cost of late payment may be higher than anticipated: late payment interest under Law 3/2004 of 29 December on measures to combat late payment in commercial transactions (“Law 3/2004”) not only compensates for the […]
Economic Criminal and Criminal Compliance
The Spanish Court of Auditors: proceedings that may affect you if you manage public funds
10
Sep
Sep
Let us imagine that a mayor authorizes payments to suppliers without documentary justification, that a civil servant diverts funds earmarked for a grant, or that a public-sector manager cannot explain a shortfall in the accounts of an autonomous agency. Before whom must they answer? Attention is usually directed to the Criminal Code. However, in the […]
Commercial and corporate conflicts
If a capital reduction by cancellation of shares affects only one shareholder, is the consent of all shareholders required?
08
Sep
Sep
The Spanish Supreme Court has recently ruled on a particularly relevant issue concerning capital reduction transactions involving companies, specifically private limited liability companies (sociedades de responsabilidad limitada or “S.L.”). Background A private limited liability company resolved to cancel the shares held by one of its shareholders and return the shareholder’s contributions by transferring assets and making […]
Commercial and corporate conflicts
Removal of the liquidator in a limited liability company: absence of an autonomous action for judicial dismissal
26
Aug
Aug
Judgment No. 1376/2025 of the Supreme Court, dated 3 October 2025, addresses the question of whether a minority shareholder of a limited liability company (sociedad de responsabilidad limitada) may bring an autonomous action for the judicial removal or dismissal of the liquidator appointed by the general meeting, on the grounds of breach of duties. The […]
19
Aug
Aug
The First Chamber of the Supreme Court, in its judgment No. 919/2026 of 16 June, has clarified a question of great practical interest for owners’ associations: the standing of co-owners to bring a claim against a defaulting contractor where the works contract was formally executed solely by the owners’ association. The ruling overturns the approach […]
Economic Criminal and Criminal Compliance
The offence of illicit enrichment: a pioneering provision with an uncertain future
12
Aug
Aug
Organic Law (LO) 14/2022 introduced surprising innovations to the field of Spanish Criminal Law. Among them, the introduction of Article 438 bis of the Criminal Code stood out. Continuing from our previous publication, in which we briefly addressed the offence of illicit enrichment, on this occasion Ayuela Jiménez shall analyse in greater detail the offence […]
03
Aug
Aug
The wildfires recorded over recent weeks have led to the approval of Royal Decree-Law 20/2026 of 29 July, which introduces a series of extraordinary measures aimed at protecting employees and businesses affected by these emergencies. The purpose of the legislation is to address situations in which civil protection measures—such as evacuations, access restrictions, or confinement […]
29
Jul
Jul
The management of employment terminations on objective grounds now involves a new financial and administrative consideration that companies should take into account. The Spanish General Treasury of Social Security, known as the TGSS, has changed the approach traditionally applied to payments made to employees when an employer fails to provide the statutory notice period in […]