LeQuid of the Matter
The Blog from LEQUID, THE SOCIAL ENTERPRISE AND BUSINESS LAW FIRM
As a step prior to the start of the change of corporate name procedure, the company must request a new negative certification from the Central Mercantile Registry (with up to 3 alternatives established in order of priority) with the speciality that must be requested...
1. Secretary of the Board of Directors The Secretary of the Board of Directors aims to ensure the correctness of the proceedings and the compliance of the regulations established (being able to be a member of the Board of Directors or not if additionally, the status...read more
COMPLIANCE PROTOCOL (“CORPORATE COMPLIANCE”) TO PREVENT THE RESPONSIBILITY OF LEGAL PERSONS, THEIR ADMINISTRATORS AND DIRECTORS.
OBLIGATION TO PREPARE, IMPLEMENT AND UPDATE A LEGAL COMPLIANCE PROTOCOL ("CORPORATE COMPLIANCE") TO PREVENT THE RESPONSIBILITY OF LEGAL PERSONS, THEIR ADMINISTRATORS AND DIRECTORS. 1. The facts The Criminal Code was reformed in 2010 and this introduced the European...read more
NEW OBLIGATIONS FOR DIRECTORS: IMPLEMENTATION OF EARLY INSOLVENCY ALERT SYSTEMS AND RESTRUCTURING PLANS FOCUSED ON A NEW CONCEPT OF SOCIAL INTEREST. The Commission’s directive proposal introduces a new approach to corporate insolvency in Europe, in order to encourage...read more
Remember: It is important to identify yourself correctly. Request the information for 25% of the share capital to avoid being denied. 5% of the share capital to request the appointment of Accounts Auditor. 5% of the share capital to request a notary presence in the...read more
Advantages of voluntary appointment of Auditor to Audit Annual Accounts even when the company is not obliged to statutory audit
The appointment of auditor (either in voluntary or compulsory cases) is a competence of the General Assembly, shareholders’ Body, (art. 160 b) LSC). The appointment of auditor when compulsory must be done before ending the fiscal year to be audited.read more
With the amendment of the Criminal Code (approved through the Organic Law 2/2010, June 22th, which came into force in December 23th, 2010), it is possible that the legal entities commit crimes (not only their Directors and Managers). In the practice, the companies...read more
Large and medium companies use many different strategies for growth. One of them is merging and/or acquiring other organizations that then facilitate the entry into new markets, taking advantage of synergies and shared knowledge.read more
The general meeting is a social body in which the shareholders’ will is generated and where the shareholders can exercise their rights. Please follow the next recommendations to be well prepared to the general meeting. 1. ¿What do you have to do if you cannot attend...read more