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Cristina de Canals

Blog: Estudijuridic

Email: estudijuridic@afgestem.com
Teléfono: 34934441166
Fax: 34934950781
Dirección: C/ Nicaragua, 48
Ciudad: Barcelona
Provincia: BARCELONA
Comunidad autónoma: CATALUÑA

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how to survive 29_s strike

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... HOW TO SURVIVE 29-S STRIKE Spanish It is an irrefutable fact that on Wednesday there is a general strike called. Its follow-up is unknown and the doubts that assail the employer on how to act in these exceptional situations are huge. In order to get out gracefully to the challenge and to avoid the general strike being a focus of controversy, friction and problems in your company, we will try to clarify some key points below: Where is the right to strike regulated? Employees on strike are not required to notify the company in advance, so if nobody has told you anything yet , it does not mean that they are not going to follow the strike, maybe they prefer you to discover it by yourself on the same day. If you need to know with how many employees you can count on, you may ask them if they are going to go on strike. Hopefully these tips will serve to clarify concepts and help you to decide correctly if on Wednesday 29-S you should deal with a complicated situation. ...

Insolvency and ICU

Valoración: 2 , Fecha: 04/11/10

... Insolvency and ICU Español For many years, I have been noticing that the business men and THEIR companies wait until they are in the ICU to search for legal advice for what to do with HIS company, which cannot satisfy their debts. Once they begin to have the first pains (some debts and some unpaid credits) they run to his current account and inject some money into THEIR business. Then business men decide to go to THEIR bank (where they have been always sorting everything out with HIS friend, the director) and, oh my goodness!, the bank’s director ask for a loan guarantee. Now they are feeling really bad and decide to go to the chemist to buy whatever the third floor neighbor might have told them. Or a demigod that will find a magic cure to save HIS company. I am not that naive to expect these business men go to the doctor when they begin to feel bad, but when the pain is constant and you are sick, you must go to the doctor. ...

PRACTICAL EFFECTS OF THE LAW OF ACTION AGAINST DEFAULT … ANOTHER INVENTION OF TBO.

Valoración: 2 , Fecha: 18/11/10

... Maybe “The invention to download goods with a giraffe” could have been theoretically very useful, but Professor Franz from Copenhagen did not take into account that giraffes are not plentiful here and so the invention failed. The same happened to the legislator with the clause of invalidity, then he forgot to go outside to know how the reality of the trade was: in the real world the business model of many companies (especially large multinationals) is based on time payments that exceed of long, both the fixed as final terms by the Law (60 days), and those provided for transitional periods (85 and 75 days for th... The Law defines as an unfair clause any agreement to extend payment terms beyond the maximum. Which provider, once accepted the terms of payment, would initiate legal action to request the annulment of the agreed payment dates? Will the judge think this deal is really an abuse or will he consider it to be according to the free market rules? ...

TAKE THE QUIZ “WHAT KIND OF MANAGER ARE YOU?” AND YOU WILL KNOW IF YOUR SALARY IS DEDUCTIBLE

Valoración: 2 , Fecha: 04/01/10

... I promised to report on new arising interpretations. I am not trying to be alarmist, but given that the Treasury needs to replenish its battered coffers, they might decide to hunt and capture the societies that make erroneous deductions. You are the Caesar of the company, your unique mission is to lead the empire and you are paid for this. In this case, your wages may be deductible. 3rd) Recap : Does your company fulfil all the requirements to deduct? Which are: Charge remunerated in By-Laws + correct remuneration clause (not all work!) + GSM Minute to approve yearly administrators’ fees according to their role + correct percentages of income tax withholding in each case. If not, do not despair, we still have time to arrange the financial year 2009 and leave everything perfect for the following ones … you just have to ask us how Me gusta: Me gusta Sé el primero en decir que te gusta esta post. ...

THE NUEVA RUMASA FALL

Valoración: 2 , Fecha: 06/04/11

... But any institution warned seriously to the thousands of citizens who were tainted by big interests while banks don’t even say hello. For now, all those who are concerned, must communicate and justify their credits to the courts where each one of the insolvency proceedings are being conducted. It is still early to see how everything will end up; whether the bankrupt companies will get an agreement with its creditors to continue their activities, or we will attend the fall of the Second Empire “Ruinasiano”. I hope it comes the day that creditors are standing up in front of Mr. Ruiz Mateos and shout “Ave Ruizma, we, who are about to be paid, salute you!”, but, for now, a tough battle in the judicial circus is approaching… “Alea jacta est! ...

WHAT IF WHO CAN NOT PAY IS NOT A BUSINESSMAN?

Valoración: 2 , Fecha: 09/06/11

... Usually, the amount they earn each month it is not enough to reach -because of the crisis (does it sound familiar to you?) – to pay the mortgage, the Visa card, the overdrawn account and the ten months left to pay the plasma TV obtained in a mall before the World Cup. If you are not able to pay the next mortgage payment; how can you pay, at least, a lawyer and an attorney? We will not enter in this matter on this post to do not bore our loyal readers. What we are going to do, for social consciousness and as insolvency practitioner experts, are to warn you that although it is accepted for who is not a businessman to file bankruptcy proceeding, there are few cases where this proceeding is useful for the debtor. In most of the occasions, the debtor is sentenced to social exclusion for life. But do not forget that we are in a state of law, and we have to do what the law says. ...

PREVENTION IS BETTER THAN CURE…ALSO IN DEFAULTS

Valoración: 2 , Fecha: 07/04/10

... How many of you have met a defaulting customer? Analysis of the client’s ability to pay : It is better to lose a sale than having a bad debt. If the client does not offer guarantees, it’s better not to sell to him. 2 Prove the contract : We recommend to have enough evidence of the operation (purchase order, delivery note, etc). It’d be very useful to have standard forms for this purpose. 3 The clue is to standardize a system as simple and effective as possible, adapted to your business. ...

SUFFER DEBTOR, Give me back my VAT!

Valoración: 2 , Fecha: 23/05/11

... You want him to pay; not just for the bill, also for such a hard time you are going through because of him. We prefer to explain a method with which you at least will be able to recover the VAT of unpaid invoices Steps to recover the VAT of issued and unpaid invoices are included in the Royal Decree Law 6 / 2010 of April 9th, of measures to stimulate economic recovery and employment, and are as follows: 1. Claim to the debtor by legal or notarial process. The notary will require the payment to the debtor in his domicile. If debtor is located abroad (because Tax Authorities are not to go to pick him up beyond our borders) Canary Islands,Ceuta andMelilla (because there is no VAT over there, we are not going to recover what it has not been earned, elementary, my dear Watson). ...

MY NAME IS GAL.LA AND I’M ADDICTED… TO SHOPPING ON LINE!

Valoración: 2 , Fecha: 28/12/09

... MY NAME IS GAL.LA AND I’M ADDICTED… TO SHOPPING ON LINE! The vast majority of online retailers are convinced that they must give confidence to the client and relief the uncertainty that implies purchasing without touching the product. So, my advice is: always look at the legal conditions of purchase (those that no one ever reads and everyone declares to have read before completing the purchase process Make sure you are provided with the right of return and that you will only have to bear the cost of freight (check how much it is, there are sometimes surprises). It is also important to verify the deadlines of delivery and product return. We sometimes forget that virtual stores will also apply the law of retail, the laws to protect consumers and users, those applicable to selling of consumer goods and data protection law … so the guarantees that online retailers must offer should be the same as the shop on the corner. ...

Payment Services Act (II) … the sand one.

Valoración: 2 , Fecha: 16/03/10

... If you want to pay by direct debit, you will have to expressly authorize in writing the issuer of the receipt so as to agree your account to be debited. Until now we had between 9 and 30 days-deadline to reject it and the PSA has increased it up to 8 weeks. So, when we want to return receipts that have been wrongly charged, it will have to be us –and not the one who made the mistake- who will have to transmute into Perry Mason to show the bank that the amount charged was “higher than expected” -and I wonder how can be prove such a thing-. If we are not able to prove it, let’s claim to the Court and throw the dice! Fortunately the law, in a display of generosity, allows us to agree with the bank to return receipts as it was done before the PSA but, will our bank agree? Let’s back to old times, when savings were hidden under the tile and people went monthly to the bank to pay the bills … At this speed we will soon be returning to barter economy. ...

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