Posts Tagged ‘Mariscal Abogados’

Bankruptcy proceedings and their possible effects on prior leveraged buy-out operations

Written by Mariscal & Abogados Abogados on March 17, 2009. Posted in Publications

In recent years so-called “leveraged buy-outs” (LBO) have been very frequent in Spain. These operations are characterised by being acquisitions of a majority percentage of the share capital of a target company, this acquisition being financed via loans obtained from a third party which are guaranteed with the assets of the target company itself or are repaid by being charged to corporate assets and cash flows expected from the same.

Manager’s liability within the framework of bankruptcy proceedings

Written by Laura on February 9, 2009. Posted in Publications

The still recent Spanish Bankruptcy Law more fully examines the legal system regarding company managers’ liability. This new liability system serves to supplement the system already provided for in the Public Limited Company and Limited Liability Company Laws, as well as the Criminal Code, within the framework of corporate crime.

International Purchases. The question of which law applies

Written by Mariscal & Abogados Abogados on December 9, 2008. Posted in Publications

An important question which often arises during an international transaction is what law applies to a contract of sale between parties from different countries. Much too frequently, the parties to an international agreement fail to include what is known as a “choice of law” provision. The failure to include such a clause may result in unexpected problems to both parties, especially in the context of debt collection.