ES | CA | EN | RUS |  中文
Facebook SF AbogadosTwitter SF AbogadosLinkedin SF AbogadosInstagram SF AbogadosTelegram SF Abogados

  

www.lawyers-in-barcelona.com uses cookies

We use our own and third-party cookies to obtain statistical data on the navigation of our users in order to improve our services. If you continue browsing, we consider that you accept their use. You can configure the use of cookies from your browser. Learn more

I understand

Cookies Policy

 SFT SERVICIOS JURIDICOS S.L.P., uses own and third party cookies to obtain browsing data of our users in order to offer quality services and provide a better browsing experience and to identify technical problems that may appear on the web. Likewise, if you give your prior consent through your browsing, we will use cookies, which allow us to obtain more information about your preferences and to customize our website based on your individual interests.

In accordance with Article 22.2nd of the Law 34/2202, of July 1st, of Services of the Information Society and Electronic Commerce (hereinafter E-commerce Law), this website informs you about its Cookies Policy.

WHAT ARE COOKIES?

Cookies are small data files that are downloaded in your computer and other communication devices which store information that will be saved in your browser. Cookies enable a page or website, among other issues, to retain and recover digital files about users browsing habits or any kind of devices, allowing the user to recognize different parameters and information about itself.

The user will be able to modify their browsing preferences at any time to block or disable cookies installation such in case of website accessing.

WHAT KIND OF COOKIES DOES THIS WEBSITE USE?

The website www.sfabogados.com may use third-party services that collect information for three mainly reasons:

  • Statistical process control
  • To personalize the users´ experience on our website and;
  • For the provision of services related to the above ones and other internet operations.

In particular, this website uses Google Analytics (hereinafter Google), a methodical web service issued by Google, Inc., a corporation with principal place of business at 1600 Amphitheatre Parkway, Mountain View (California), CA, Zip Code 94043, USA. For the current provision of services, this company uses collecting cookies that retain different kinds of data information, included, among others, the users´ IP address, that will be processed, stored and transmitted by Google, under its legal notice Including possible transmission of such information to third parties for legal reasons or when such third parties process information on Google´s behalf.

DO WE USE OTHER COOKIES?

To provide an optimal service, this website also uses the following cookies: 

  • Technical cookies: Are those that allows the user to browse through a website, platform or application,as well as the use of different options or services therein as, for example, the traffic control and data communication, the session identification, the restricted access parts norms, to carry out the purchase process of an order, the registration application or participation in an event, to use security elements during browsing and to store content for video or sound broadcasting or to share content through social media.
  • Personalization cookies: This type of cookie allows the user to access at the provide service with some predefined general characteristics based on its terminal criteria and preferences, such as the language or kind of browser through which they are connecting to our website.
  • Analytical cookies: Enabled by ourselves or by third parties,this type of cookies leads us to quantify the number of users to perform a measurement and statistical analysis of its activity. Due to this, we analyze your browsing on our website in order to improve the products or services that we offer.
  • Advertising cookies: This type of cookies, enabled by ourselves or by third parties, allows us to manage more efficiently the offer of advertising spaces on the website, adapting the ad content to the one of the requested service or to the users´ website activity. As a result, we can analyze your browsing background on the internet and show you banner ads related to your browsing profile.
  • Behavioral advertising cookies: Are those that allows the advertising spaces management as efficiently as possible, in which case, the editor has included on the website, application or platform where the requested service is provided. This type of cookie stores the behavioral data of users through the continuous observation of its browsing habits, which allows the development of a specific profile to show ads based on that information.

COOKIES MANAGEMENT

You can permit, block or delete the cookies installed on your computer through the configuration options of your browser.

Google Chrome:

  1. Click on the “menu” icon.
  2. Select “configuration”.
  3. Select “advanced configuration”.
  4. Select “privacy”.
  5. Select “configuration of content”.
  6. Choose the relevant function:
    1. To allow the storage of local data.
    2. To keep the local data until you quit the browser.
    3. Do not allow data to be saved from the sites.
    4. Block other sites´ data and the third party cookies.
  7. Once the option is selected, click “ready”.

Internet Explorer:

  1.  Click the “home” icon.
  2. Select “internet options” in the “tools” menu.
  3. Select “privacy”.
  4. Select “configuration”.
  5. Select the desired option and click “accept”.

Microsoft Edge (Explorer 10):

  1. Click the “plus” icon.
  2. Select “configuration”.
  3. Select “advanced configuration”.
  4. Select “cookies” in “Privacy and services”.
  5. Select the desired option in the drop-down menu.

Firefox:

  1. Click the “menu” icon.
  2. Select “options”.
  3. Select “privacy”.
  4. Select the desired option in the drop-down menu.

Safari:

  1. Click “safari”.
  2. Select “preferences”.
  3. Select “privacy”.
  4. Select “cookies and website data”.
  5. Select the desired option between the available ones.

CUSTOMER INFORMATION

Please take note that if you delete or block all cookies from this website, it is possible that part of it will not work correctly or the website quality may be affected.

The aforementioned cookie-information is not used to identify you individually and the pattern data is fully under our control. These cookies are not used for any other purpose than those hereinbefore described.

If you need more information about our Cookies Policy, you can contact us through our connecting tools. We also recommend that you check the websites of each browser for more information.

We use own and third-party cookies to obtain statistical data of the users´ browsing and to improve our services. If you accept or continue browsing, it shall be considered that you accept their use. You can get further information “here”.

 

Monday, 27 July 2015 10:55

New rules changing register office companies

In the bylaws of commercial companies not only certain mandatory questions should appear as filed where the domicile of the company, but also, in addition, can be set any mention that the partners deem appropriate.

In this regard, it is important that any article of the bylaws that seeks modified (has been inserted by legal obligation or power of the partners) will always require that the general meeting of shareholders approval by the required majorities.

This principle of competence of the general meeting on amendment of bylaws has not changed and remains in place, even with the entry into force, on 27 May 2015, Article 285.2 of the Companies Act Capital (hereinafter, LSC).

That provision allows the board of commercial companies can change the registered office (obligatory mention in the statutes) anywhere in the country, and not just anywhere in the same municipality, as it was until now, without intervention of the general meeting of shareholders. But yes, provided that the bylaws permit or has not been booked this matter to the general meeting of members, in which case the board will not have the aforementioned competition.

The consequence is that, to determine who has the power to amend the address, if the board or the general meeting, we previously have to study what the bylaws.

This legislative amendment of giving the board the extensive possibility of changing the registered office - if not contradict the provisions of the bylaws - is applicable not only for listed companies (SAC), but also for any other commercial mode as limited companies (SL), simple corporations (SA), European corporations (SAE) and new companies company (SNE).

Moreover, it can be said that this competence of the general meeting or the board, as appropriate, to change the registered office can not contradict the mandatory rules on domicile are governed by the LSC (Articles 9 and 458).

Thus, limited partnerships (SL), simple and listed companies (SA) and new companies company (SNE) have two options when setting up your home: or choose the place where the center of its effective is found administrators or the place where its principal establishment or operation.

By contrast, the European Company (SAE) must establish domicile mandatory in Spain only when the central administration is within the Spanish territory, and therefore, regardless of where the address or principal place of business or holding is located .

Failure to comply with this requirement has different consequences in either case. In the first type of companies (S.L., S.A., etc.), the discordance between the registered office and the legal result that third parties may be considered as address any of them, but without possibility of separation from society.

In the second case (S.A.E - minority figure in Spain -), this discordance may cause dissolution if the situation is not regularized within a year. And if it is regularized, members may be separated, creditors may object and may also oppose the government because of public interest.

Finally, regarding management issues and could be the change of registered office, Article 161 LSC allows, unless otherwise provided in the statutes, the general meeting of capital companies may instruct the board or submit for approval the adoption by that body of decisions or agreements on specific issues.

Moisés Murcia Priego 
Lawyer specializing in Business Law, SF Lawyers