Spanish Companies

It should be refer to what are the objectives of the new law of Spanish companies. Firstly, the interest of the legislator of collect into a single legal text the rules outlined earlier is clear. Secondly, we should highlight a triple objective of great importance: the regularization, the clarification and harmonisation of these rules. Thus, the law not only reproduces the rules on capital companies, but it has also carried out modifications which need to be taken into account in the daily practice. As he points out the exposure of reasons under the law, to achieve the objective of the regularization systematics, has been modified, sometimes, and to have tried to reduce the imperfections of normative propositions, although the revised text contains the totality of what recasts. Also, along with regularization carried small clarifications of interpretative doubts that might arise in the rules so far It recasts. As regards the third objective, harmonisation, we must mention the disappearance of numerous referrals to produce the generalization of solutions which initially provided only for a corporate type. Own explanatory statement points out that the new companies act has articulated the texts by reason of materials with appropriate generalizations, without prejudice to consign, within each chapter or section, or even within each article, the specialties of each social when real form and they did indeed exist.

As an example of changes that go beyond a mere consolidation of standards, we highlight the change introduced to the minimum social capital, which is rounded to prevent the conversion of pesetas to euros creating amounts with decimals. In this way, corporations spend to have a minimum capital of 60,100 euros (compared to the previous 60.101,21 euros) and the limited liability companies of 3,000 euros (compared to the old 3,005.06 euros). In conclusion, point out that the adoption of the new law of Spanish companies is a big step for the reordering of the rules and regulations in this matter, while not completely remove its dispersion. Therefore, paragraph V of the explanatory statement of the Spanish companies law, points out that the new revised text arises with resolute will of provisionality, hoping that new and important reforms are carried out in the future. It aspires, even to the establishment of a single legal body that contains all of the general law of mercantile societies, including applicable to personalistic societies. The legislator confidence in the possibility of carrying out these reforms is such that in the explanatory statement goes beyond and considered possible the approval of a code of the mercantile societies and even a new commercial code. Approve these legal texts, not short of reasons to qualify this ambitious reform, given that it would have to adapt to the reality of our century the existing Commercial code of 1885, adopted 125 years ago. Fatima Rodriguez Mariscal & Asociados, Abogados member of Eurojuris Spain original author and source of the article