International Law Office - Legal Newsletters, Law Firm Directory and Legal News

Corporate Finance/M&A

Spain

Overview
Including: Share and Asset Deals; Tax Implications; Transfer of Employees; Injecting Funds in SPVs; Financial Assistance; Consistency with International Practice; Regulatory Filing Obligations; Goodwill.

Courts are rarely involved in corporate finance transactions, as final court decisions - even if favourable to the company - are unlikely to be issued in time to make the transaction possible. Moreover, the authorities leave little space for court intervention, as bringing courts into the game is likely to damage the market and be detrimental to the shareholders of target companies.

Law 25/2005, which regulates private equity entities and their management companies, will come into force on December 25 2005. The new law aims to provide Spain with a favourable legal framework to foster the development of the private equity sector, based mainly on two pillars: the improvement of the administrative regime and the relaxation of investment rules.

Shipping & Transport

Spain

Almost 80% of the world's ships are built in Asia because Asian shipyards have reduced prices to 1970s levels. In an attempt to compete, the Spanish government is subsidizing interest payments on loans taken out to purchase ships and allowing accelerated amortization of vessels.

Stowaways have become an increasing problem for shipowners trading with Spain. In an attempt to tackle the problem the Spanish authorities are implementing fines for shipowners on board whose vessels the stowaways are found.