The Organic Law 5/2024 on the Right to Defence: Legal Ambition with Practical Gaps On December 4th, the much-anticipated Organic Law on the Right to Defence (“LODD“) will come into force, arriving in the BOE with ambitious promises: accessibility, quality, and ethics within the legal system. This legislation aims to mark a turning point in […]
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Commercial and corporate conflicts, Office
Key Considerations for Successful Negotiations in Investment and Financing Rounds for Start-ups
25
Nov
Nov
What Are Investment Rounds? Investment rounds are a corporate funding process through which companies secure capital from investors, whether they are pre-existing shareholders or external parties. Through this mechanism, the company gains the capital necessary to ensure its growth, while the investor acquires a stake in the company’s share capital. Existing shareholders may increase their […]
Economic Criminal and Criminal Compliance, Office
How is a request processed in Spain for a convicted individual abroad to serve their sentence in Spain?
20
Nov
Nov
We will distinguish between two scenarios: if the sentence was imposed by a European Union Member State or another State. Procedure for the Transfer to Spain of Individuals Sentenced in a European Union Member State The Ministry of Justice lacks competence in this area. Competent judicial authorities handle the transfer request directly from a Member […]
12
Nov
Nov
What happens when an annulment claim of an arbitral award is filed with the wrong court? Assuming, in any case, that an annulment claim of an arbitral award is filed within the civil jurisdiction, we may encounter two types of filing errors that could significantly impact the statutory two-month limitation period for filing an annulment […]
Commercial and corporate conflicts
Prohibition of Financial Assistance and Guarantee on the Value of Shares
07
Nov
Nov
Prohibition of Financial Assistance Our legal system, under Article 150 of the Companies Act, prohibits advancing funds, granting loans, providing guarantees, or, in general, offering any form of financial assistance to facilitate the acquisition of a company’s own shares, or the shares or stakes of its parent company, by a third party. This prohibition applies, […]
Economic Criminal and Criminal Compliance, Office
Acquittal of Our Client in the Well-Known Case of the Santa Margarita de Cortona Sculpture Attributed to the Granada Sculptor José de Mora
06
Nov
Nov
At Ayuela Jiménez, we are pleased to share the recent acquittal of our client (a renowned art dealer) of the charge of receiving stolen goods, after having purchased a valuable 18th-century Baroque sculpture without knowledge of its illicit origin, as acknowledged by the Provincial Court of Granada in Judgment 447/2024, dated 9 October. The Facts […]
04
Nov
Nov
What is a Worldwide Freezing Order? A Worldwide Freezing Order (also known as a WFO) is a precautionary measure allowing the freezing of assets and prohibiting their disposal while a civil or commercial dispute is resolved. This legal tool, commonly used in international conflicts, aims to prevent the defendant from disposing of their assets, thus […]
22
Oct
Oct
What happens when an Arbitration Court is dissolved? The case in question arose out of a contractual lease relationship, in which the arbitration clause indicated that any dispute was to be resolved before the Court of Economic Arbitration in Law and Equity, No. GUARANTEE NUM000, in accordance with the arbitration agreement. However, this court had […]
Commercial and corporate conflicts
Substantial modification of the corporate purpose and the shareholders’ right to withdraw from the company
15
Oct
Oct
The Directorate General for Legal Certainty and Public Trust has recently expressed its opinion in its decision dated 11 March 2024 on the situations that give rise to a substantial modification of the company’s objects and confer a right of withdrawal on the shareholders. Modification of the Articles of Association In the case in question, […]
Economic Criminal and Criminal Compliance
Can unlawful evidence obtained abroad be used in Spanish proceedings?
09
Oct
Oct
We analyse the extent to which the fundamental rights recognised in our Constitution are binding with respect to evidence obtained abroad. Global interconnection is a reality that is transcending from the merely economic to the justice sector and, in this article, we turn our attention from this expansion to a specific challenge posed by evidence […]