Individual liability action in the context of the so-called phoenix companies
Ruling 51/2024 of the Barcelona Provincial Court of 27 February 2024 has extended the applicability of the individual liability action, recognising that the injury to
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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.
Ruling 51/2024 of the Barcelona Provincial Court of 27 February 2024 has extended the applicability of the individual liability action, recognising that the injury to
The appointment of a voluntary auditor of a company may be made by the general meeting or by the management body, before or after the
The Supreme Court considers that the remuneration received by the directors is deductible, even if not provided for in the articles of association. In the