Competence of the General Meeting or does it depend? Article 160 of the Capital Companies Law (hereinafter, LSC) includes those matters whose resolutions must be approved by the general meeting, and which are excluded from the powers of the company’s administrative body. Competence of the General Meeting. Social object of the company. In accordance with […]
mercantile law
Over the last few years, the remuneration of administrators has led to different controversies in different areas and with this post we are going to try to provide answers to some of the current situations. Is the administrator position free or paid? The current Capital Companies Law dedicates an article exclusively to the remuneration of […]
In previous posts we have explained the ways in which a business or a company is usually started, we have also commented on the differences between self-employed and limited company, as well as the taxation of both. Now we are going to explain what the Tax Obligations of a company are, specifically those of a […]
The rules for distributing dividends in capital companies are set out in Royal Legislative Decree 1/2010, of July the 2nd, which approves the Capital Companies Law (hereinafter, LSC). However, these rules appear dispersed throughout the entire legal text, so below we summarize the criteria that must be taken into account by the General Meeting when […]
The presence of a notary public and the public faith that he or she imparts in many of the commercial activities that are carried out on a daily basis means that he or she is even more in demand when conflicts arise or are foreseen, in order to guarantee the impartiality of the acts, also […]
Sometimes, for different reasons, we need to resign from the position of director of a company, but this may not be as easy as it may seem at first sight. We will now set out some indications on the resignation from the position of director. The directors of a limited liability company shall hold office […]
It is becoming increasingly common in the world of small and medium-sized enterprises to hear about holding companies. It is no longer a term reserved for large multinationals, but has become commonplace in the SME business world. But what is a holding company or group of companies? The regulation of this type of company is […]
– Buying a loss-making company – Since 2015, the legislator has restricted the requirements to be able to take advantage of the Losses[1] of one company in another, on the occasion of the purchase of the former, in such a way that in some cases the right to be able to take advantage of said Negative […]
The Tax Group can be used as a tool to reduce taxation, especially when one of our companies generates losses, but there are other reasons why it may be in our interest to form a “Tax Group”. Generally, we will use this special regime with some kind of holding structure, although it is not essential, […]
It is a cause of dissolution of a mercantile company, among others, the one in which due to the losses the Net Worth is reduced to an amount lower than half of the Equity of the company. We would be before the obligation to dissolve the mercantile, and not to do it in the term […]