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Clarifications on the entry into force of BITs and the temporal scope of the legality requirement in investment arbitration
Arbitration

Clarifications on the entry into force of BITs and the temporal scope of the legality requirement in investment arbitration

Clarifications on the entry into force of BITs and the temporal scope of the legality requirement in investment arbitration.

What are the differences between France and Spain regarding contesting dismissals?
Employment law

What are the differences between France and Spain regarding contesting dismissals?

Whether you're employed in France or Spain, keep a close eye on the deadlines and procedures for contesting a dismissal. Here are the key details.

Interview with Emilie Poignon, a French lawyer in Spain: a journey between Paris and Barcelona
Firm news

Interview with Emilie Poignon, a French lawyer in Spain: a journey between Paris and Barcelona

In an interview published by Le Village de la Justice, Me Émilie Poignon, a lawyer registered with the Paris and Barcelona bars, shares her experience of practicing law in Spain, while maintaining a strong professional link with France.

Enforcement in France of an arbitral award rendered abroad
Arbitration

Enforcement in France of an arbitral award rendered abroad

An appeals court, noting that decisions of Indian courts relating to liquidation proceedings opened against a company and the appointment of a liquidator were not enforceable in France and that no incidental application was made to that effect, rightly concludes that the legal…

Understanding the apostille for official French documents intended for use abroad
Method

Understanding the apostille for official French documents intended for use abroad

Last week, a client contacted us to obtain an apostille for the Kbis extract of her French company. This document was to be used abroad, but she didn't know how to proceed or if the apostille was really necessary.

Recognition of the title of lawyer in France and Spain
Firm news

Recognition of the title of lawyer in France and Spain

How to practise permanently as a lawyer in France or Spain when you already hold the title in another EU country: registration, aptitude tests and professional titles.

What training is required to become a lawyer? A comparison between France and Spain.
Firm news

What training is required to become a lawyer? A comparison between France and Spain.

AuthorValeria Lux, under the direction of Emilie Poignon

Conference: M&A between France and Spain: Keys to legal and tax optimization
Corporate law

Conference: M&A between France and Spain: Keys to legal and tax optimization

Lexwell organizes a conference on cross-border merger and acquisition operations, highlighting the main fiscal, legal and financial implications.

For a Marshall Plan to support the ecological transition in Europe
Firm news

For a Marshall Plan to support the ecological transition in Europe

Europe faces a major challenge: successfully completing its energy transition while regaining its industrial sovereignty. This requires a massive commitment, commensurate with the stakes.

Compensation for dismissal without just cause
Employment law

Compensation for dismissal without just cause

As we announced in our previous article on the preliminary interview, the lines are evolving in labor law in Spain.

Spain: Dismissal for misconductand obligation of a preliminary interview
Employment law

Spain: Dismissal for misconductand obligation of a preliminary interview

In Spain, labor law is evolving rapidly, with major changes impacting both employees' rights to defend themselves and the rules for compensation in the event of dismissal.

The liquidation of Spanish companies with multiple partners(Part One: Convening and holding the General Meeting)
Corporate law

The liquidation of Spanish companies with multiple partners(Part One: Convening and holding the General Meeting)

As we explained in our article on the liquidation of sole proprietorships, when a Spanish company ceases its activity, it is necessary to proceed with its liquidation and deregistration.

Ecological transition, budget deficit… what if the European Central Bankcould pull France out of its predicament?
Firm news

Ecological transition, budget deficit… what if the European Central Bankcould pull France out of its predicament?

Faced with the combined challenges of the ecological transition and the reduction of the public deficit, the financing of investments appears as a central issue for France and the European Union.

Lexwell's participation in the networking event organized by the ICAB (Barcelona Bar Association) with the Lyon Bar Association
Firm news

Lexwell's participation in the networking event organized by the ICAB (Barcelona Bar Association) with the Lyon Bar Association

On October 17, 2024, we took part in a meeting organized by the ICAB International Department, marking 30 years of twinning between the Lyon and Barcelona bar associations.

Setting up a subsidiary in Spain: Complete guide to the steps and checklist
Corporate law

Setting up a subsidiary in Spain: Complete guide to the steps and checklist

As a law firm specializing in business law between France and Spain, we support our clients throughout the process to ensure the smooth running of this procedure.

Post-contractual non-compete clauses in Spain: what you need to know!
Employment law

Post-contractual non-compete clauses in Spain: what you need to know!

In Spain, post-contractual non-compete clauses are governed by Article 21.2 of the Spanish Labor Code. This clause, found in many employment contracts, must meet specific criteria to be valid (beware of "false friends", the French rules you are familiar with are not exactly the…

Lexwell, a firm specializing in mergers and acquisitions of companies in Spain
Corporate law

Lexwell, a firm specializing in mergers and acquisitions of companies in Spain

Lexwell, a law firm based in Barcelona and Paris, has been assisting SMEs and subsidiaries of multinational companies with their and internationalization projects…

Enforcement proceedings in Spain: a complete guide to asserting your rights
Corporate law

Enforcement proceedings in Spain: a complete guide to asserting your rights

When a French company or individual wishes to enforce a court decision in Spain, it is crucial to fully understand the specifics of the Spanish enforcement procedure.

Practical guide for the liquidationof a Spanish sole proprietorship
Corporate law

Practical guide for the liquidationof a Spanish sole proprietorship

If a Spanish company ceases operations, its directors cannot simply remove it from business: they must liquidate it in accordance with Spanish law, which provides for a strictly regulated procedure designed, in particular, to protect the interests of creditors. Failure to do s…

Secretarial services and legal formalities in Spain: our tips for saving time
Corporate law

Secretarial services and legal formalities in Spain: our tips for saving time

Unlike in France, in Spain, all significant statutory changes, such as a change of director or a merger, must be notarized.

Communication/marketing internship
Firm news

Communication/marketing internship

Lexwell Legal – a law firm based in Barcelona and Paris – is recruiting a digital marketing/communication intern.

How to benefit from the so-called "Beckham" tax regime in Spain?
Tax

How to benefit from the so-called "Beckham" tax regime in Spain?

If you are considering moving to Spain for work, you could benefit from the "Beckham" tax regime, which offers a significant income tax reduction for expatriates. In 2023, nearly 10,000 people took advantage of this favorable regime, resulting in a loss of €134 million in reve…

Cross-border operations: a legal, financial and fiscal challenge.
Corporate law

Cross-border operations: a legal, financial and fiscal challenge.

On May 28, we hosted a breakfast meeting in Paris, co-organized by LEXWELL and the Official Spanish Chamber of Commerce in France (COCEF), focusing on acquisitions between France and Spain.

Conference: "Severance pay and the Beckham Law" at the Barcelona Bar Association – July 16, 2024 at 5 p.m.
Employment law

Conference: "Severance pay and the Beckham Law" at the Barcelona Bar Association – July 16, 2024 at 5 p.m.

Émilie Poignon and Jean Michel Nogueroles Alberola will share concrete examples drawn fr…

Real estate acquisition in Catalonia:the mandatory building inspectionand the lack of a rehabilitation culture
Real estate

Real estate acquisition in Catalonia:the mandatory building inspectionand the lack of a rehabilitation culture

A recent article from the Catalan newspaper “El Periodico” dated February 29, 2024, written by Carlos Marquez Daniel1, states that “50% of buildings in Catalonia do not pass the technical building inspection due to significant or serious deficiencies.”

Presentation by Emilie Poignon to students at the French Lycée in Barcelona
Firm news

Presentation by Emilie Poignon to students at the French Lycée in Barcelona

Emilie Poignon, a lawyer at the Lexwell firm, spoke to students at the. Gabrielle Bucaille had prepared this presentation with Emilie Poignon and shared her experience with the students.

Presentation by Emilie Poignon at the Autonomous University of Barcelona (UAB)
Firm news

Presentation by Emilie Poignon at the Autonomous University of Barcelona (UAB)

Our partner, Emilie Poignon, met with students of the Double Degree program in Law at the Autonomous University of Barcelona (UAB) on March 4th. The students had the opportunity to ask the lawyers present questions about their career paths in France and Spain, and the di…

Reduction and adaptation of working hours in Spain: What are the new provisions applicable under labor law?
Employment law

Reduction and adaptation of working hours in Spain: What are the new provisions applicable under labor law?

Spanish legislation allows for a reduction in working hours in various situations related to family obligations:

Spain, a pioneer in parental leave
Employment law

Spain, a pioneer in parental leave

Have you recently become a parent and are you employed in Spain?

Electronic invoicing in France and Spain
Tax

Electronic invoicing in France and Spain

Electronic invoicing, a structured and sealed digital invoice, is becoming mandatory for B2B companies in France and Spain. In France, implementation is phased in: 2026 for large companies and mid-sized companies, and 2027 for small businesses. E-reporting is also mandatory fo…

Labor law: new paid leave is introduced in Spain
Tax

Labor law: new paid leave is introduced in Spain

As the holiday season approaches, planning paid leave is a hot topic for all businesses. This is especially true since June 30, 2023, when Spain introduced new leave regulations to transpose the European directive1. This initiative aims to eliminate discrimination between men…

A plea for a new Marshall Plan of massive investments to accelerate the ecological transition
Tax

A plea for a new Marshall Plan of massive investments to accelerate the ecological transition

The European Green Deal agreement of 11 December 2019 emphasized the need to better direct financial and capital flows towards green investments. The objective is to facilitate the financing of sustainable growth and the transition to a climate-neutral and resource-efficient e…

How to invest in Spain: our guide in 5 key questions
Tax

How to invest in Spain: our guide in 5 key questions

If you are considering acquiring a business in Spain (or setting up a company), we understand the importance of making informed decisions to ensure the success of your investment. That's why we've designed an exclusive diagnostic tool that will save you time on the administrat…

Planning your estate when living abroad: who to turn to?
Arbitration

Planning your estate when living abroad: who to turn to?

Jean Michel Nogueroles is a lawyer specializing in international law – Abogado (Barcelona), also admitted as a Solicitor (England and Wales) and trained as an economist. He holds a doctorate in law (Paris 1), an LLM from Berkeley, a degree in Economics and Finance from Science…

Podcast "Tax is rock!"
Tax

Podcast "Tax is rock!"

Tax is often seen as a boring, complex field. Yet some people have made tax law their career and practice it with passion. In the twelfth episode of their series on tax professionals' career paths, Stéphane Baller, of counsel at De Gaulle Fleurance & Associés, welcomes Jean Michel Nogueroles Alberola, partner at Lexwell Legal. They discuss their passion for tax, their career paths, and the challenges they face.

Company Acquisitions in Spain: Legal and Tax Advicefor French Companies
Tax

Company Acquisitions in Spain: Legal and Tax Advicefor French Companies

However, before embarking on acquisitions of companies based in Spain, it is crucial to consider the legal and tax aspects specific to each country involved.

Real Estate in Spain and Non-Resident Taxation
Tax

Real Estate in Spain and Non-Resident Taxation

Purchasing real estate in Spain, particularly in Catalonia, as a non-resident has tax implications that you may not be aware of.

Spain: Obligation to Declare Assets Held Abroad (‘Modelo 720’)
Employment law

Spain: Obligation to Declare Assets Held Abroad (‘Modelo 720’)

Consequences Drawn by the Spanish Government and the Spanish Supreme Court of the Decision Rendered by the Court of Justice of the European Union on January 27, 2022

Form 720: Spain condemned by the Court of Justice of the European Union
Employment law

Form 720: Spain condemned by the Court of Justice of the European Union

Form 720, which requires Spanish tax residents to declare their assets held abroad, has long been criticized for the severity of its penalties.

The recent reform in Spanish labor law approved by the Council of Ministers
Employment law

The recent reform in Spanish labor law approved by the Council of Ministers

In Spain, the Council of Ministers approved Royal Decree-Law 32/2021 of December 28 on urgent measures for labor reform, guaranteeing job stability and transforming the labor market, incorporating the "national agreement" concluded on December 23, 2021 between the governme…

The old legislationon municipal capital gainsdeclared unconstitutionalby the Spanish Constitutional Court
Employment law

The old legislationon municipal capital gainsdeclared unconstitutionalby the Spanish Constitutional Court

In a decision dated October 26, 2021, the Spanish Constitutional Court declared the tax on the increase in the value of urban land (IIVTNU), also known as the municipal capital gains tax, unconstitutional.

The "equality plan" in companies in Spain, in comparison with France
Employment law

The "equality plan" in companies in Spain, in comparison with France

In Spain, Article 46.1 of Organic Law 3/2007 of March 22, on the effective equality of women and men, defines "equality plans" as "a structured set of measures, adopted following a diagnostic assessment of the situation, aimed at achieving equal treatment and opportunitie…

Barcelona moves to phase 3, Catalonia re-becomes a single territorial unit: What does this mean for your business?
Employment law

Barcelona moves to phase 3, Catalonia re-becomes a single territorial unit: What does this mean for your business?

Before the State of Emergency comes to an end, Barcelona, ​​its metropolitan area and Lleida move to phase 3 of the deconfinement.

Webinaire COCEF – CCI – Lexwell
Tax

Webinaire COCEF – CCI – Lexwell

The Chambre Officielle de commerce d’Espagne en France and the French CCI in Barcelona are offering a free webinar in collaboration with Lexwell.

COVID-19 – Phase 1Resumption of activity in Spain
Employment law

COVID-19 – Phase 1Resumption of activity in Spain

Finally some good news for traders: yesterday, Barcelona and Madrid moved into phase 1 of the plan to lead us to the "new normal" established by the Spanish Government.

COVID-19: Reopening of commercial premises in Spain (Phase 0)
Employment law

COVID-19: Reopening of commercial premises in Spain (Phase 0)

Since yesterday, we have entered phase 0 in Spain, which should lead us at the end of phase 4 towards our "new normal".

COVID-19 Payment deadlines and commercial leases
Employment law

COVID-19 Payment deadlines and commercial leases

« The real antidote to the epidemic is not isolation, but cooperation. »

How to cope (or not) with commercial lease rent payments during the COVID-19 crisis
Employment law

How to cope (or not) with commercial lease rent payments during the COVID-19 crisis

« Simplement, le prêche rendit plus sensible à certains l’idée, vague jusque-là, qu’ils étaient condamnés, pour un crime inconnu, à un emprisonnement inimaginable » Albert Camus, La Peste

The impact of COVID-19 on the real estate sector: Deposits during the time of COVID-19
Employment law

The impact of COVID-19 on the real estate sector: Deposits during the time of COVID-19

While real estate issues are generally numerous, during the coronavirus pandemic (with the declaration of a state of emergency and the accompanying extraordinary measures)

Covid-19 - Labour Law Comparison (France-Spain)
Method

Covid-19 - Labour Law Comparison (France-Spain)

A summary table of the labour law measures adopted to deal with the Covid-19 health crisis in France and Spain (updated 26 March 2020).

COVID-19 and labor law
Employment law

COVID-19 and labor law

After China, Europe has now become the epicenter of the Coronavirus pandemic.

Debt Collection in Spain
Employment law

Debt Collection in Spain

Thanks to Law 15/2015 of July 2, 2015, notaries have expanded their powers and can now handle debt collection in Spain.

The Criminal Prevention Plan or Spanish Criminal Compliance
Employment law

The Criminal Prevention Plan or Spanish Criminal Compliance

With the recent reform of the Penal Code (Organic Law 1/2015 of March 30, 2015, amending Article 31bis of the Penal Code, in force since July 1, 2015), legal entities that could already be held criminally liable are now required to implement a criminal prevention plan in Spain.

French Law Commercial Agency Agreement
Employment law

French Law Commercial Agency Agreement

French regulations stemming from European Directive 86/653 of December 18, 1986, offer extremely strong protection for commercial agents.

Refund of Social Security Contributions on Investment Income
Method

Refund of Social Security Contributions on Investment Income

Taxation of Non-Residents – Claim for Refund of Social Security Contributions Paid on Investment Income: Beware of the Statute of Limitations!

Uber: Collaborative Economy or Unfair Competition?
Employment law

Uber: Collaborative Economy or Unfair Competition?

On December 20, 2017, the Court of Justice of the European Union issued a ruling in favor of Asociación Élite Taxi, declaring that an intermediary service such as Uber,

New Obligations for Businesses
Employment law

New Obligations for Businesses

Law 14/2013 of February 27, 2013, concerning support for entrepreneurs and their internationalization, introduced new rules for businesses.