The Directorate General for Legal Certainty and Public Trust has expressed its opinion in its resolution dated 4 December 2023 on the limits that must be complied with when establishing the criteria for the remuneration of the management body in the Articles of Association of a company. Criteria for the remuneration of the administrative body […]

New global minimum tax: the Congress of Deputies is entrusted with the approval of the Draft Law to transpose the European Directive (EU) 2022/2523 through the urgency procedure. On 4 June 2024, the Council of Ministers approved, in the second round, the Draft Law to transpose European Council Directive (EU) 2022/2523 of 15 December 2022, […]

The “Dirección General de Seguridad Jurídica y Fe Pública” has repeatedly stated the requirements that must be met in order to rectify a capital increase that has already been registered in the Commercial Register. This situation occurs when a company, by mistake, includes in the corresponding certificate of capital increase that accompanies the public deed, […]

The Ministry of Labour is analysing possible changes to the rules on compensation for unfair dismissal in Spain. This process has been initiated due to the observations of the European Committee of Social Rights, which questions the adequacy of the current legal ceiling, arguing that it does not comply with the standards of the European […]

The voluntary transfer by inter vivos acts of shares with ancillary services will require, in accordance with art. 88.1 LSC, the prior authorisation of the company, a requirement that is justified by the company’s interest in the correct fulfilment of these ancillary services, given their inherent link to the development of the company’s corporate purpose. […]

On 11 March, in STS 235/2024, the Supreme Court ruled on the concept of intimidation as a result of the well-known “Ausbanc case“, stating that not all pressures that arise in negotiations reach the level of intimidation necessary to constitute the crime of extortion, as defined in article 243 of the Penal Code. Legal definition […]

Since 2015, following the amendment of the Criminal Code by LO 1/2015, of 30 March, crimes against the Public Administration, more specifically, bribery, influence peddling and embezzlement, can also affect foreign officials, not only officials from the EU or EU member countries (who were already subject to this regulation since 2010, by the reform of […]

Despite the recent constitutional caselaw, the Madrid High Court of Justice has recently ruled in favour of two applications to have arbitral awards set aside on the grounds that their lack of reasoning undermines public policy. The first case, Judgment 30/2023 of 12 September, finds in favour of the application to set aside, holding that […]

The offence of perjury, regulated by Article 458.1 of the Spanish Criminal Code, penalises witnesses who lie in judicial proceedings, including cases before international tribunals. However, the question arises as to whether this offence applies to witnesses who lie during arbitral proceedings. Difference between judicial proceedings and arbitral proceedings Current legislation does not explicitly mention […]

The Ruling of the Superior Court of Justice of Madrid addresses key aspects concerning the validity of notifications in arbitral proceedings. This judgment, significant for the fields of law and arbitration, establishes essential criteria on how notifications should be carried out to be considered valid and effective in the context of arbitration. The court underscores […]