We are very grateful to have received a wonderful client recommendation with respect to our help with their REA Registration in Spain. Great to see how clients benefit to the maximum from our Soft Landing Spain Services.  Therefore we decided to dedicate a special page on our website to recommendations we get from our clients. We hope it shows that we can help you with your REA registration in Spain (Registro de Empresas Acreditadas).

REA (Registro de Empresas Acreditadas)

Our REA services entail the help with the registration of foreign companies at the REA, the “Registro de Empresas Acreditadas”. When registered it certifies that a (foreign) company meets the capacity and quality standards for health and safety in the occupational risk prevention. As of 2008, companies that contract or subcontract the performance of any work on a construction site must certify that their (sub)contractor companies are registered in the Registry, thus meeting the requirements. The REA supposes the presentation of certain declarations before the authorities to certify that one meets the requirements.

 Posting Workers in Spain

The posting of foreign workers in Spain needs to be done before the workers come over to Spain. The communication takes place digitally and requires a digital certificate or signature. The posting company is required to inform the local labor authorities of the posting. In general it is required to communicate the date of the start of the works, the expected end, the job positions, an ID number, and sometimes nationality and or social security number. Some labor authorities request REA registrations.

If you need any help with you REA registration or the posting of workers, please do contact us or call Jochem Schoevers at 0034610739364. We would be delighted to help you. because of our vast experience throughout Spain, we are able to turn around quickly and make the process go smoothly.

Its not only the individuals though. Spanish companies with British shareholders and their directors come to us with their questions about Brexit and vice versa, Spanish companies that do business in the UK.

british-residents-in-spain-confused-and-alarmed-about-post-brexit-future

Do contact us, call us or send a whatsapp at: 0034610739364.

A branch office in Spain is set up through the granting of a notarial deed and its inscription in the Spanish mercantile registry (for example in Madrid). The European Union has enacted legislation with respect to the setting up of a branch in order to make it easier for companies to expand and to have a presence in another member state. Spain has transposed that legislation in the Reglamento del Registro Mercantil in which one can find the Spanish requisites.

Right of Establishment

The setting up of branches is part of the right of establishment which is one of the key freedoms under the Treaty on the Functioning of the European Union: “restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State.”

Legislation makes a difference between companies from (European Union) member states and companies that come from third countries that incorporate/ register a branch. The difference is reflected in different requisites for registration. Continue reading “Your branch office in Spain”

Although multiple EU Member States are apparently not ready to enforce the GDPR. There are 2 days left though…

Therefore many watchdogs lack powers because their governments have yet to update their laws to include the Europe-wide rules, a process that could take several months after GDPR takes effect on May 25.

If you have any doubts on whether GDPR could apply to your company and if your watch dog could enforce it, contact us to find out.

Temporary job surge over epiphany and advice on employment contracts

what will the elections bring and will it bring back the companies that left?

In the last couple of weeks more than 1,400 companies have changed their corporate addresses, leaving Catalonia and registered somewhere else (in Spain). The main driver behind these moves is the fear of future (legal and political) instability that the independence crisis might bring and already brought about.

Although economic consequences are not to be immediately expected, the reputational damage for the Catalan independence movement is considerable. Mainly because  during its independence campaign it apparently grossly underestimated the current scenario and now when this exit is in full swing, it does not have an appropriate reaction or explanation to counter it.

If you would like to discuss what the consequences for you or your customers might be in Catalonia, please do contact us for reasoned feedback on your situation.

International contracting is often complicated by the fact that one of the parties, or sometimes both parties want to incorporate by all means standard conditions that might not at all be relevant.

Almost always parties lose out of sight the balance between the value of the contract, the effort to get something on paper and its effectiveness afterwards. When you make a contract, of course it needs some standard ingredients that will apply to almost all situations, but a lot is also common sense and lawyers are not always necessary. Sometimes they even complicate the matter. At B.A.S. we have been on both sides of the spectrum, that of client and provider. We understand what is important for both of them, but are able to simplify matters in order to progress the matter.

Contact us if you would like us to review your international contracts and you would like to hear our ideas. We have vast experience in commercial contracting matters. Whether it concerns distribution, agency, collaboration, IP agreements, we have helped with all of them. When it comes to American companies, we have more than 15 years of experience in helping them establishing in Europe.

On the 3rd of October 2017 Oryzon announced it would relocate its management and administrative staff to Madrid (Statement). The reasons given are the optimisation of its operations and relations with investors. Although it does not mention the recent occurrences as a reason for the move, it does come straight after the referendum and the confirmation that Catalonia will, unilaterally, pronounce its independence from Spain. If you would like to discuss if such a move would help your company or if you want us to execute, document such a move, we would be glad to assist.

Update: Oryzon stock leaps 27% on the Spanish stock market because of its move to Madrid.

Applicable law and jurisdiction in Spanish contracts

Time to move company address? The route Catalonia is about to take will lead to further uncertainty in the coming years. will Spain let this occur, if not what can it do? Will the European Union let Catalonia in whilst Spain has a veto? There are many, many questions unanswered and lots of possible scenarios for the future of Catalonia (and Spain). Uncertainty is bad for business in general. If you want more certainty you could move your registered company address to another city in Spain where you at least have the certainty that you will remain in Spain for the coming years. Let us know if you need some help on this topic.

The fact that our lawyers understand various languages has shown once again its value in a transaction where Flemish and Spanish lawyers were seeking for a efficient solution. The mere fact that their correspondence had to be translated every time, brought much delay into the case and took out the momentum. B.A.S. is able to work in both languages and brought the case back on track quickly as bridged the language gap between the parties and facilitated as such an efficient, satisfactory solution. The languages that the firms works in are: English, Spanish, German, Dutch, French and Portuguese. Contact us for further inquiries.

Now that the Spanish Constitutional Court has prohibited the referendum of October 1st, 2017, many companies in Catalonia are planning to move elsewhere in Spain in order to prevent getting mixed up in legal limbo. That the Catalonian government is serious on breaking with Spain can easily be deducted from the actual question subject of the referendum: “Do you want Catalonia to become an independent state in the form of a republic?” The change of registered address of a company is nowadays a fairly straightforward process and can be executed through a Board of Directors decision. Contact us if you need advice on how to go about moving your company.

Do you have any doubts about the Spanish data protection regime and or the GDPR? Do you need your company to be compliant? We can help, we have experience in data protection for health care, insurance and other international industries.

Do contact us if you would like more information on the subject. Business Advice Spain is highly experienced in Data Protection matters. It has helped American companies for the last 15 years establish themselves in Europe.