How to open a company in Spain

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Spain has made a strong economic recovery after the economic crisis and is now back among the European leaders in terms of trading. It does not surprise anyone anymore that Spain is once again one of the most sought destinations for opening a company.

Foreigners who want to open companies in Spain have many rights, they actually have pretty much the same rights as the local businessmen, however they also have their share of obligations. So, below we will describe the requirements when starting a business in Spain.

The most used types of companies in Spain

No one starts a company in another country without previously getting acquainted with the types of companies they can register and choosing the right structure, or at least one close enough to their needs. Spain is very advantageous from this point of view, as the types of companies here are usually the same as in any other European jurisdiction and in several Asian and Western countries.

We first have the simple forms for doing business which are the sole proprietorship and the partnership, however these are seldom used. Then, we have the limited liability company which can be private or public. The main difference between them is the share capital needed for registration.

In the case of a private limited liability company – sociedad limitada or SL – the minimum amount of money required to open it is 3,000 euros. With respect to the public company – sociedad anonima – the minimum share capital is 60,000 euros. A quarter of this amount must be paid upon the incorporation of the company.

Documents required to open a company in Spain

The most important documents which must be drafted before starting the registration procedure of the company are the Memorandum and Articles of Association, in other words the company’s statutory documents. These must be drafted before a public notary and they must contain the name of the company owners, also known as shareholders, the company’s administrator and the objects of activity of the business. They must be notarized.

The company formation steps in Spain

Even if the preparation of the incorporation documents is the most important, this is not the first one. Foreign citizens opening companies in Spain must first obtain a tax identification number, known as NIE. Then, the company must be selected and filed for approval. Once approved, a certificate of availability will be issued. The opening of the bank account, where the share capital must be deposited, will follow and only then the incorporation documents will be filed with the Trade Register.

The Registrar will issue a public incorporation document and a fiscal identification number – codigo de identificacion fiscal, or CIF.

Once registered, the company must pay a municipal tax, file a notification for starting the operation with the city hall of the city it will operate in and another notification with the Ministry of Labor.

Registering a company in Spain is not hard, however there are a few steps which must be completed in a certain order which will significantly improve this experience. Once registered, the company can apply for an intra-Community VAT number and have access to the EU market.

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Is Vandalism a Misdemeanor or A Felony? (In the USA)

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We all know the word vandalism and we sometimes use it to describe things we do not agree with. However, the law recognizes vandalism as a crime and as a legal term, it has to have a clear definition.

So, what is vandalism and is it classified as a misdemeanor or is it a felony? In any case, if you’re accused of vandalism, you’d best find a good lawyer, like https://www.monderlaw.com/pratice-areas/domestic-violence/vandalism.

The Definition of Vandalism

Vandalism is an act of willful destruction or damage of property to the degree that it defaces or otherwise decreases the values of the said property. Some of the most common crimes classified as vandalism include graffiti, tire slashing, breaking windows and similar deeds.

A more serious version of vandalism is damage or destruction of property, which falls under a category of its own. It is tricky to discern the lines between these crimes because states each have their own interpretation, so what may be vandalism in one state can be classified as the destruction of property in another.

Vandalism Checklist

In order for a crime to be classified as vandalism, there are three marks which need to be checked. In order to be convicted, the prosecutor needs to prove that your deed contains all three elements.

Damage done – first of all, there needs to exist some visible damage to the object in question. The damage needs to be permanent, but not so severe to constitute destruction of property. Be careful with this definition, because graffiti and sticking a sticker to something counts as damage, too.

It belongs to someone else – if you damage your own property, that falls within your rights. However, if the property you have damaged is someone else’s, including the state or federal government, this qualifies the deed as vandalism.

It was intentional – finally, the prosecutor needs to prove that you did that on purpose. It is difficult to defend against an accusation of graffiti claiming it was accidental, but you can break a window by accident.

A Misdemeanor or a Felony?

Even though most people think that vandalism is a minor crime, depending on the circumstances, this charge can be quite serious. Thanks to the penal code 594 PC of California, the district attorney has the power to classify your case as a felony or as a misdemeanor, on the case-to-case basis.

Punishment for Misdemeanor

If your case is classified as a misdemeanor offense, you may think you are in the clear. However, even in this better case scenario, you are still facing up to one year in the county jail. The better alternative is a fine. If this is your first vandalism charge, you can be fined up to $1000, whereas repeat vandals can be fined up to $5000.

If you are really unlucky, you can get both of these punishments at the same time. However, there is another option, which is community service. Typically, it comes in the graffiti charge, where the guilty party is ordered to clean what they have defaced, as well as keep that surface or any other clean for up to a year.

Punishment for a Felony

If your crime is serious enough to be classified as a felony, you may be sentenced to up to one year in jail, or in a state prison. The fine option also exists and it can go up to $10,000 or even up to $50,000 if the damage you have caused is more than $10,000. Just like with the misdemeanor, you may get both forms of punishment at the same time.

Even though you may feel like a vandalism charge is not a big deal and that it can be brushed off lightly, hopefully, this article shone some light on the possible repercussions of criminal activities.

To contact Monder Law Group
424 F Street, San Diego, CA, US
619-405-0063

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3 Common Mistakes of New Law Practices

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Starting your own law practice can seem overwhelming. However, it’s not as big of a challenge as you might think. Many of the practices that fail make the same mistakes. By avoiding these five common mistakes, you can work towards building a successful practice.

1. Unfair billing practices

While you might need every penny of billing that you can get, unfair billing practices is not the way to go. There are several reasons for this. First, your clients will hear about your high billing rates. As a result, people may be reluctant to choose you to represent them. Even if you have a successful track record, you may still have a hard time getting clients. Very high billing can be enough to keep your business from being successful.

Another problem with unfair billing practices is the fact that it may come back to haunt you. Today, there are companies that specialize in reviewing legal bills. Consider www.legalbillsontario.com/. They can help clients determine when a law firm had unfair billing practices. If you have a client who gets their billing reviewed, they may be able to take legal action against you. This could devastate your practice and leave you back where you started.

2. Unethical marketing

Marketing for a new law firm can be a big challenge. And sometimes, that challenge leads to some bad decisions. In an attempt to bring in new clients, a lawyer might have some unethical marketing tactics. For example, he might promise more than he can offer. Or, he might call himself the best in the industry. If you say things in your marketing brochures that are untrue, you open yourself up to malpractice.

To prevent unethical marketing, you should educate yourself on the matter. Learn what techniques you can legally use, and what could get you into trouble. There are many different resources available that can help you understand the ethics of marketing. If all else fails, turn to an expert for advice. This can save you from a big headache later on in your life.

3. Ignoring your reputation

When you run your own practice, your reputation is everything. However, this fact often gets overlooked. If you fail to focus on your reputation and use it as a selling point, you won’t reach your full potential.

If you don’t have much of a reputation, it’s important to work towards building it. Take an active role in your local community. Make your presence known at local events and participate as much as you can. No matter how small your community may be, there are ways to get noticed.

Another way to get noticed is to do pro bono work. Don’t neglect the importance of pro bono work. It’s a great way to build up your reputation and get people to know your name. If you want to build up trust in your community, you just have to get out there. It takes time and effort, but the effort can really pay off in the end.

 

 

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Creating a Successful Internet Website for Your Law Firm

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Many businesses are being proactive about establishing a strong presence online. There are many benefits that can come from this form of advertising, such as increased exposure and better connectivity with the clients you’re hoping to target. You can compile all of your information, resources, services, and even the things about you and your company that makes you unique all at one place. Having a website gets your client’s quick access to the answers they may have, and opens up an entirely new road of communication. Setting up an online page for your law business can do nothing but help you out in the long run, and if done properly, you’ll see the results and be grateful you began!

First, let’s take a look at a prime example of a successful website. Give a peek to the cainandherren.com website and familiarize yourself with the different things they have on their website for their clients to see. We’ll break it down into sections for you to help you get a better understanding, too.

  1.       Choosing the URL. You’ll want it to be something easy to remember, relevant to your business, and short. Too long and it could be mistyped and won’t fit nicely on a logo or a business card. Just the name of your business, in full or abbreviated, works very well. Perhaps adding in the location, too.
  2.       Listing your services. Lawyers all have different skills and offer different services. From family law to criminal defense, there are many different legal needs that clients may need. What your firm offers should be listed clearly and quickly so those on your website will know as soon as possible if you’re a firm that can help them. It’s a good idea to add pages that go into detail of your offer within each area of the law.
  3.       Give some history. Usually, matters of the law are pretty personal, so it may help potential clients feel more at ease with going to you for help if you have a section dedicated to talking about the lawyers to the firm, and the history of how the business came to be. Testimonials are always a great benefit, too.
  4.       Contact information. This is one of the most important things to include on your website, if not the most. In the case that those viewing wanting to know more about your services or hire you, they’ll need a way to contact you. Make sure that information is easily accessible and includes all of your communication methods. Address, email, telephone number, and fax machine are all things to put here.
  5.       Add a blog or additional connections. If your business has any other sort of online presence, make sure you include links to these places here. This also goes for any awards or mentions that are substantial.
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3 Areas of Corporate Law that will change with Brexit

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Interestingly, the spectre of Brexit seems further away than ever before, despite the British electorate’s vote to leave the EU in June. This is due to the UK government’s reluctance to trigger Article 50, which itself is a complex piece of legislation that was never designed to be acted upon.

3 Areas of Corporate Law that may change with Brexit

Make no mistake; however, new Prime Minister Theresa May remains committed to triggering Article 50 at some point in the future, a decision that will have a cumulative impact on corporate law and legislation. So, let’s take a look at the seminal areas of commercial law that are most likely to be impacted: –

1. Intellectual Property Law

The UK’s Intellectual Property (IP) law is one of many that have been derived from the EU, so Britain’s departure from the union will impact everything from trade mark registrations to patents and copyright. While national IP rights will remain unaffected by the change, those relating to Pan-European brands and concepts would cease to apply in their existing form in the UK.

Some form of further registration would probably be required, but it would be wise to consult with a market expert such as Withers Worldwide to understand your exact liability.

2. Data Protection

Big data is a huge driver of sales and marketing drives in the modern age, while the secure collation and storage of information is derived primarily from the EU’s 1995 Data Protection Derivative. This would have been subject to a revision had the UK planned on remaining in the EU, with the General Data Protection Regulation taking its place and providing a significant tougher and more restricted regime.

Now that Brexit has occurred, however, it appears as though the two-year transition period for the terms of the exit to be negotiated will coincide with the shift between these two regulations. Going forward, the UK government will need to retain the latest legislation on an interim basis while giving consideration to an adapted, national alternative.

3. Competition Law

Once the UK does finally deign to leave the EU, little will initially change in relation to existing anti-competitive agreements and monopolies. This is because the UK’s current Competition Act of 1998, replicates the EU equivalent, while union rules would still apply to the numerous British companies that activity trade within the single market.

In this respect, the landscape of competition law is likely to remain unchanged within the borders of the UK. We may see dual activity and parallel civil investigations by both the UK’s CMA (Competition and Markets Authority) and the European Commission, however, as under current legislation only one of the entities can review international cartels.

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Complicated made simple – take the headache out of batch printing

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The following is an infographic about batch printing.

docbusters

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