
Conflicts of interests among shareholders in the general meeting
The Supreme Court (TS) confirms that the prohibition on voting rights under Article 190.1 c) of the Spanish Companies Act (LSC) only applies to rights
30 June 2024 was the deadline for listed companies to comply with the Parity Law (Ley de Paridad), which establishes mandatory quotas for the presence of women on the boards of directors of listed companies and other public interest entities. This reform is part of a wider trend towards gender equality in corporate governance bodies, following European guidelines to promote gender equality in corporate governance.
The regulation aims to improve diversity on boards by setting specific quotas for women to hold at least 40% of board seats in listed and BME Growth companies and public interest entities. The latter include, for example, financial institutions and companies in highly regulated sectors.
This regulation is a response to the lack of female representation at senior management levels, a problem that has been widely documented in corporate governance reports. It aims to bring about structural change to ensure that the composition of boards is more inclusive and diverse.
Companies affected by this regulation will have to adapt their internal structures, particularly in the process of selecting new board members. Failure to comply with these quotas will expose companies to sanctions or even the annulment of decisions taken by these boards if the gender balance is not respected.
In addition, companies will have to develop strategies to ensure compliance, which could include changes to their recruitment and training processes for future directors, with a view to promoting better corporate governance.
The Supreme Court (TS) confirms that the prohibition on voting rights under Article 190.1 c) of the Spanish Companies Act (LSC) only applies to rights
A statutory clause authorizing the company to take out civil liability insurance (D&O) for its directors is not sufficient to clearly and bindingly integrate the
It cannot be automatically concluded that a non-resident entity has a permanent establishment (PE) in Spain for VAT purposes, merely because it has a subsidiary