The Process of ERE must be negotiated by all Unions
During a Record of Employment Regulation (ERE, all sections of the unions,
must be present at the negotiations, although decisions have already
deliberate. This was established by the Supreme Court in its judgment of July
22, 2015 , to ensure that "we must ensure the presence of unions in the
deliberative body", also he notes that "cannot be relegated to some
union locals because they have previously maintained a constructive
attitude".
The Magistrate's ruling, said that "if the procedure is intended to have general effects on the affected company cannot do without in any union section" In the same way, nor can be set aside if "presented demand for labor dispute separately or have the chance to join the eventual agreement is reached to finish the procedure. "
The Magistrate's ruling, said that "if the procedure is intended to have general effects on the affected company cannot do without in any union section" In the same way, nor can be set aside if "presented demand for labor dispute separately or have the chance to join the eventual agreement is reached to finish the procedure. "
Law 5/2015 of 27 April, to promote business financing
The new rule about business financing is twofold:
first, to provide greater accessibility and flexibility of bank financing to
PYMES, so that bank credit to recover; and, second, to deepen alternative means
of financing.
First, inalienable rights are established for PYMES as
it pertains to the cancellation or reduction of the flow of cancellation by the
banks: the right to notice when the entity has the intention not to extend,
terminate or reduce more 35% of the flow of funding and the right to refer to
the entity reports Financial PYMES with information about your financial
situation and credit risk assessment.
Second, the bond issue scheme is modified in limited
liability companies:
He removed the cap on emissions in force until now,
whereby corporations and partnerships limited by shares could not issue bonds beyond
their own resources. Moreover, the prohibition on limited companies issuing
bonds is removed, although a number of safeguards are introduced to avoid
excessive borrowing. In addition, the requirement to form a union of
bondholders, which until now was mandatory for any issuer established in Spain
is rationalized. So, it determined to reform the constitution of the union in terms of the revised text of the
Capital Companies Act, approved by Royal Legislative Decree 1/2010 of July 2,
will be mandatory in those situations where it is necessary to ensure adequate
protection of the Spanish investor. Besides deleted prerequisite broadcast
announcement in the Official Bulletin of the Commercial Registry.
In addition to other outstanding elements, we believe that
regulation of participatory platforms financing ("crowfunding") is an
important element. Title V establishes for the first time a legal framework for
participatory financing platforms, covering the activities commonly referred to
as "crowdfunding". These platforms, which constitute a novel
mechanism of financial disintermediation developed on the basis of new
technologies, have grown very significantly in recent years. The
"crowdfunding" is a phenomenon with various manifestations, but it is
only intended to regulate here the figures in which prime the financial
component of the activity or, in other words, in which the investor expects to
receive monetary compensation for their participation, thus leaving outside the
scope of this standard to "crowdfunding" instrumented through
purchases or donations.
Law of the Budget of the Government of Catalonia (Generalitat) for 2015.
Law of the Budget of the
Government of Catalonia (Generalitat) for 2015.
The Law includes the detail of the income and
expenditure of the entities that are part of the public sector of the
Generalitat and other related information.
The 2015 budget approved by the Catalan Parliament
rose by 4.2% compared to 2014. This increase is largely due to the recovery of
the extra pay of public workers and full-time and temporary staff remuneration.
Expenditure needs this year are at 22.481M.
Despite the economic recovery, the resources available
to the Generalitat for this exercise not only did not increase, but receding
compared to 2013. The deficit target set by the State in 2015 is 0.7%, 53% less
in 2013. Therefore, the resources available this 2015 stood at 19.981M, 2,500m
less than those required to cover the expenditure projections for the year.
-Complementary law to the of the Budget
of the Government of Catalonia
One of the most important points of this Act is
estimate to raise 13.1 million euros with the creation of eight new rates,
modifying existing 32.
Modification of the Penal Code on Related Crimes Terrorism
The Security Council Resolution
2178 United Nations, adopted on 24 September 2014, collects the deep concern of
the international community because of upsurge of terrorist activity and the
intensification of attacks in All Regions of the World.
This
“Ley Orgánica modifica el Capítulo VII del título XXII del libro II de la Ley
Orgánica 10/1995, de 23 de noviembre, del Código Penal”, so that the
rigor of criminal Response to Crimes Against tombs as contemplated,: Besides
Modalities of Terrorism already known, The New Threats That appears from.
The new law punishes "with
imprisonment of maximum waiting time " than the rest of the staff of the
terrorist organization that will kill a person and introduce the offense of
passive indoctrination to those one who consult jihadist websites with the aim
of a band membership or pursue their fines.
IN THE MAGAZINE "LA REVISTA RUSA EN ESPAÑA"
All articles in this magazine are in russian
New Law in order to reduce financial burden. (Real Decreto-ley 1/2015, de 27 de febrero, de mecanismo de segunda oportunidad, reducción de carga financiera y otras medidas de orden social)
The financial crisis that so many citizens are still suffering has implied
a worrying level of debt in Spain, being for them so difficult to face it. The
Spanish Government thought it was required to approve by law a Second Chance
“Real Decreto- ley”.
In broad strokes, the new Law has been adopted in order to put a
corporation, legal entity, and an individual insolvency proceeding on the same
level. So, either an employee or a freelance who is facing a debt situation, as
long as they are acting in good faith,
will be able to settle the debt using their estate, patrimony, within 5 years.
This new legislation has been created with the idea of making easier to
find an alternative dispute resolution so as to reorganize the outstanding debts
and pay them off. Nevertheless, it was a mistery wether if mortgages would be
included or not, finally they have been
subjected too.
On the other hand, this “Real Decreto” will not be applied to unpaid taxes
which should have been satisfied to the Tax office and the Social Security.
Fiscal Amnesty Inquiries are being investigated for suspected crime of Money Laundering
In 2012 the Spanish Government surprisingly decided to introduce measures
in order to apply a fiscal amnesty and collect taxes from fraud for an amount
of 2.500 million of euros. People complaint about it because they had the
impression it was an unfair measure.
Finally, the Spanish Government collected a higher amount of money, around
12.000 billion euros. Nowadays, probably most of the reliable taxpayers must be
happy about the fact that the Spanish Tax agency has opened around 357
investigation files and has sent them to SEPLAC in order to find out where
money comes from and investigate if the owners of the money could have
committed money laundering.
As far as I am concerned, the fiscal amnesty seemed to be a “trap” to these
ones who did not pay taxes when they had to and also obtained money from
illegal sources, even for funding terrorists.
This measure was a success when it comes to
collect taxes but at the same time, it appears to be a failure because it
created an atmosphere of distrust, and as a result in the short-term can be
effective but not in the long-term to eradicate Money laundering and Tax
evasion.
First Spanish Hospitality Reit
The First REIT specialized in the Hospitality Sector was
recently created in Spain as a result of an alliance between Hispania and
Barceló, being the last one the major shareholder of the new SOCIMI. This new
Socimi called Bay Hotels & Leisure will have Hotels and Shooping Centres
around the Spanish Coast.
As a matter of fact,
this new Spanish Reint means a new way to invest in the Real Estate sector.
SOCIMI are listed companies whose corporate purpose is either the holding of
shares in the capital of their Socimis or the holding of leased urban assets by
means of acquisition and developmen. One
of the main advantages is that there is a tax profit because they are subject
to zero taxation under Corporate Income Tax and those shoreholders owning at
least 5% of the SOCIMI and are taxed on the dividends received at a minum rate
of 10%, will be taxed at a rate of 19% on the portion of the distributed
dividends.
Furtheremore, in order for a company to qualify as a Socimi, there is a
compulsory distribution of dividends as a Socimi is a listed company and at
least 80% of their assets must be land for development of leasable urban properties, shares of other
Real Estate Investment Trusts, SOCIMIS or leasable urban properties. In
addition, Socimi are a great way to invest in Spain, given the current
environmnet of low yields in the markets and the strong devaluation of
properties in Spain.
Thersholds of trading of goods between EU Members
On the twenty-seventh of January in 2015
was issued the Order HAP/50/2015, of 21 January, by which thresholds are
fixed related to the trading of goods between Member States of the European
Union. With this order the threshold for exemption from the obligation to
declare, from 250,000 € to 400,000 € is substantially increased, which
represents a significant reduction in the administrative burden on small and
medium enterprises, but agents must complete the statiscal value of the subject
merchandise entering or shipment, considering it a substantial element in the
development of the trading with other Member States of the European Union.
Exemption thresholds are referenced as follows:
1. These exemptions apply in the Peninsula and Balearic Islands, when it comes to goods from other Member States of the European Union: € 400,000 invoiced amount accumulated in the preceding year or current.
1. These exemptions apply in the Peninsula and Balearic Islands, when it comes to goods from other Member States of the European Union: € 400,000 invoiced amount accumulated in the preceding year or current.
2. Exports from the Peninsula and Balearic goods to other Member States
of the European Union: € 400,000 invoiced amount accumulated in the preceding
year or current.
Relevant Legislation
Artículo 13
del Reglamento (CE) n.º 1982/2004 de la Comisión, de 18 de noviembre de 2004,
por el que se aplica el Reglamento (CE) n.º 638/2004 del Parlamento Europeo y
del Consejo, sobre las estadísticas comunitarias de intercambios de bienes
entre Estados miembros, y por el que se derogan los Reglamentos de la Comisión
(CE) n.º 1901/2000 y (CEE) n.º 3590/92; artículo 12 del Reglamento (CE) n.º
638/2004 establece que como valor de las mercancías los Estados miembros
remitirán el valor estadístico. El artículo 2 del Reglamento (UE) n.º 1093/2013
de la Comisión, de 4 de noviembre de 2013, por el que se modifican el
Reglamento (CE) n.º 638/2004 del Parlamento Europeo y del Consejo y el
Reglamento (CE) n.º 1982/2004 de la Comisión en lo referente a la
simplificación del sistema Intrastat y la recogida de información para
Intrastat.
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