The Supreme Court, in its judgement dated June 28th 2018 with number 2036/2017, made an important reference to the compliance figure under a business context of criminal offense due to unfair administration and misappropriation in which an administrator was sentenced to prison for a period of 4 years. The aggrieved company, Carbuastur S.L. (now Energy … More THE SPANISH SUPREME COURT OPTS FOR THE COMPLIANCE
The Provincial Court of Zaragoza, in its judgement dated May 7th 2018 with appeal number 9/2018, announced a decision in relation to a charge of fraud under article 251 bis a) in conjunction with articles 248 and 250.5º of Crime Code, againts the commercial company “GRISELDA METALURGIA CALDERERA S.L.” (hereinafter, “GRISELDA”). Said company gave to … More THE COMPLIANCE PROGRAMME AS A REQUIREMENT
During the Mobile World Congress 2016 in Barcelona, I had the opportunity to rediscover during the 7 days of the event many of the technological innovations that will affect our lives in the short, medium and long terms. Inspired by that scene, my thought immediately flew to their general impact over the legal field, and … More How will lawyers’ profession evolve in the era of new technologies?
Foto credits: ARANZADI You can find here my keynote presentation delivered on June 22 2016 during Panel IV “The liability of legal persons” at the Compliance Days conference in Barcelona .
Photo credits: CEOE On April 13, the Forum on investments opportunities in Romania (‘El foro sobre oportunidades de inversión en Rumanía’) was held in Madrid, at the headquarters of CEOE. And I take this opportunity to thank CEOE, ICEX, the Romanian Embassy in Madrid and the Romanian Government for their invitation, and for organising an … More Forum on investment opportunities in Romania
If your intention is to purchase real estate in Spain you should, at least, request the following documentation/information be provided to you: The excerpt of the Land Registry (“nota simple informativa”) which attests who is the owner, and that the real estate has no encumbrances, mortgages etc.; The public deed of ownership of the real … More What to know before purchasing real estate in Spain
Firstly, a Compliance programme needs to respond to the needs of the company and to be efficient. Practically, it has to anticipate all the risks the company is facing in order to prevent those risks from affecting the company. Only such a Compliance programme can be efficient. For a programme to be efficient it needs … More What are the minimal elements necessary in a Compliance programme?
In the previous article I was speaking to you about the memorandum published by the Spanish Ministry of Justice concerning the compliance programmes that need to be adopted by Spanish commercial firms which conduct economic activities abroad. Briefly after the publication of the aforementioned, the Spanish General Prosecutor’s Office (Fiscalía General del Estado Español) issued … More Compliance – New times, new stances
It is well known that it is becoming increasingly important that Spanish commercial societies, and in fact any commercial society regardless of its nation, to have an efficient compliance programme. In many countries the idea of compliance is considered to be a soft law. However, in other countries such as Spain, the US, UK, Australia … More Compliance – The fight against corruption acts of Spanish business abroad
In this article I will briefly explain what are the steps that need to be followed in order to invest in Spain from abroad. Thus, it represents an analysis which draws general lines for direct foreign investments in Spain. Further details, alongside with the advantages and/or disadvantages as well as the analysis of the sectors … More Investing in Spain