Mercantil
Spain transposes two EU directives affecting the General User and Consumer Protection law in relation to contracts for the sale of goods
Royal Decree-Law 7/2021 of April 27, 2021, published in the Official State Gazette (BOE) on April 28, 2021, transposes various EU directives including Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services, and Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods.Pro-sandbagging and anti-sandbagging clauses in M&A deals: regulation in Latin America
When negotiating a corporate merger or acquisition, both buyers and sellers would benefit from agreeing to and contractually specifying their position about sandbagging, which is when a buyer knows that a seller’s representation or warranty is false or inaccurate but goes ahead and signs the agreement in order to later pursue a claim against the seller. In this article, we will discuss on how sandbagging provisions (or the silence on such) is regulated in Colombia, Mexico, Chile, Brazil and Peru, as well as case law, if any.The reform that encourages long-term shareholder engagement at listed companies has been approved and it introduces amendments in terms of corporate governance and the functioning of capital markets
The Spanish parliament has approved the Law amending the Companies Act (Legislative Royal Decree 1/2010, of July 2, 2010) and other pieces of financial legislation, as regards the encouragement of long-term shareholder engagement at listed companies.Countdown to comply with new requirements on sustainability disclosures in the financial sector
On March 10, 2021, most of the provisions in Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 come into force. The new obligations relate to both the internal organization of the vast majority of financial institutions, as well as the information they must publish on their website and in the pre-contractual information on their products.Brexit places the UK out of the judicial cooperation area in the EU; will this be the end of English law in the continent?
English law, courts and lawyers are a popular option for business transactions in the EU. Brexit could possibly change that, not so much because of obstacles to a valid choice of English law or the enforceability of judgements rendered by English courts but because the UK is now outside the many procedures for judicial cooperation within the EU (summoning, taking of evidence and other forms of judicial cooperation) which are vital for effective cross-border litigation.COVID-19: Remote meetings or taking action by written consent without holding a meeting are allowed for managing and administrative bodies of business and civil legal entities
Managing and administrative bodies of business and civil legal entities may as an exception in 2021 hold meetings by phone or remotely or take action by written consent without holding a meeting, even where not expressly permitted by their bylaws.PERTEs stand out as a promising formula for public-private collaboration and project finance in Spain
Spain’s Strategic Projects for Economic Transformation and Recovery (PERTEs) could bring a considerable wave of projects in Spain. They are a new public-private partnership device appearing in the recent legislation on the Spanish Recovery, Transformation and Resilience Plan and to be funded by subsidies and loans from the European Recovery Mechanism (Next Generation EU), which in Spain's case are estimated to amount to €140,0000 million. Professionals practicing in projects and in the particular area of project finance should keep track of how they are taken forward and evolve.