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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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the “dev”, another obligation for company vehicles: “attention driver friend…

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THE “DEV”, ANOTHER OBLIGATION FOR COMPANY VEHICLES: “ATTENTION DRIVER FRIEND…

Valoración: 2 , Fecha: 19/04/11

... THE “DEV”, ANOTHER OBLIGATION FOR COMPANY VEHICLES: “ATTENTION DRIVER FRIEND… Spanish … the path is dangerous”. That means that companies which use leasing to hire company vehicles should, in turn, communicate the corresponding DEV to the leasing company. Through the DGT website (www.dgt.es), it is possible to issue the DEV, but keep in mind that it is necessary that your company has a digital certificate, and for obtaining it, you can check the website www.fnmt.es Once your email is registered, it will become the link between your company, the DGT and other authorities for traffic issues. When the company is punished for traffic offences and in case of driver identification requests, notices will be sent to the email designated as DEV. So, do not let yourself get caught “red handed”, and issue the DEV for your company immediately, if you don’t want to find out about your fines because your bank accounts have been seized. ...

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. One hole plugged here.. and another there…., and they are again at the same point. 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. That great friend (the bank’s director) that resulted be not as good as it seemed, says that he apologizes very much but –“the big boss” is thinking about executing your assets to pay the loan”. Too many business men who come through the door of Estudi Jurídic are in the ICU and, of course, the disease is too serious. ...

ABOLITION OF THE CHAMBER OF COMMERCE’S COMPULSORY TAX… THE SEVEN YEAR ITCH?

Valoración: 2 , Fecha: 02/05/11

... ABOLITION OF THE CHAMBER OF COMMERCE’S COMPULSORY TAX… THE SEVEN YEAR ITCH? But the smile became a grin and the “wave” was just half made when in 2011, they began receiving notices from the Chamber, calling them for “go over to the cashier” … that’s to say, the air ventilation pipe made the skirt raise so high that everyone could see that our idolatrized regulation had cellulites! For that reason, we must always lift the law skirts to see if there is a dubious taste gift hidden. Year 2012 : only companies whose net amount is less than 10 million Euros will be required to pay the compulsory payment for the year 2010. Year 2013 : compulsory payment will disappear -at last- for all companies. Meanwhile, they can use the phrase of the main character of the film, when he dreamed that Marilyn someday would pay attention to him: “Some guys have flat feet, others have dandruff, I have imagination.” Me gusta: Me gusta Sé el primero en decir que te gusta esta post. ...

HOW TO SURVIVE 29-S STRIKE

Valoración: 2 , Fecha: 27/09/10

... However, unions are always the prerogative to declare, call and develop the strike, as with the scheduled for Wednesday. So says the TC, for whom the right of assembly is even more essential than the right to strike, so you should allow peaceful entry. How is the strike reflected on the payroll? But if it closes, then the employer may (but is not obligated to) deduct the salary for the strike days, the share of extra payroll and holiday can also be reduced in proportion to the duration of the strike. During the duration of the strike, the employee is in a position of ‘special registration’, without obligation to contribute either by himself or by the employer and is not entitled to unemployment benefits or cash benefits for temporary disability. You must notify Social Security for the 6 days of the strike, about those employees who have participated on the strike, in order to collect their status of “special registration.” Can employees be ‘sick’ on the day of the strike? ...

TRAVEL EXPENSES: IT IS NOT AN INVOICE ALL THAT GLITTERS

Valoración: 2 , Fecha: 11/06/10

... It is also necessary the invoice to be prepared by the real issuer, e.g. your supplier or service provider. Legally speaking he bears the obligation to issue an invoice and, therefore, to enter an all data required. Only in very specific cases (Article 5.2 of the aforementioned RD), the recipient (the receiver of the product or service, ultimately, who pays) is allowed to issue himself the invoice he will deduct later. Having said that, let me ask you something: do you sometimes travel by train or plane?, have you ever bought the tickets through the website of the company providing the service?, are those tickets issued and printed from the website above? In these times of crisis, when the tax authorities’ machinery is running at full speed, you had better from now on, ask the transportation company or whom it may concern, to make a proper invoice … although in some cases it may be mission impossible. ...

Improper merger of LLC, now said and done!

Valoración: 2 , Fecha: 27/10/09

... If all these 3 conditions are satisfied, the merger has the following advantages: - Neither a merger draft (yes, you have read that right: no, we do not even need a shortened draft!), nor a Board of Directors’ Report are required Last year’s approved balance sheet of the acquired companies can be used as the merging balance sheet, even if it is more than 6 months old, so we do not need to prepare any special balance sheet on purpose. The agreeement of the acquiring company is enough to approve the merger , we do not need the approval of the acquired ones. As for the press advertisements (and this issue is common to all mergers), only 2 ads are required : one in Borme and another in a newspaper of wide circulation. Notice that even these ads can be avoided if the merger is notified to each shareholders and creditors. ...

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

Valoración: 2 , Fecha: 18/11/10

... PRACTICAL EFFECTS OF THE LAW OF ACTION AGAINST DEFAULT … ANOTHER INVENTION OF TBO. This is because the brand-new invention of invalidity set by the Law is as useful as “The hat-cage” or “The eggs with a glass shell ” created by Professor Franz from Copenhagen. The Law defines as an unfair clause any agreement to extend payment terms beyond the maximum. That means the deal will only be void if the clause is unfair to the creditor, and, frankly, it is much easier for us to win the Lottery because: - Creditor will have to call a judicial proceeding, with its inherent costs, and show evidences of the abuse before a judge, who will decide whether the agreement is void or not. Which provider, once accepted the terms of payment, would initiate legal action to request the annulment of the agreed payment dates? And if so, would not interpret the judge that this behavior goes against the creditor’s own actions? ...

HOUSE DELIVERY TO THE BANK TO SETLE THE MORTGAGE, CAN WE PASS HIM THE BULK?

Valoración: 2 , Fecha: 15/03/11

... The bank brings a foreclosure proceeding to claim them The foreclosure procedure follows its own course and the property is put up for auction. As now it’s not a good time, no bidders appear, so the good is allocated to the bank for 50% of its value for auction purposes: 400, 000 € (auction sale’s value). Damn, it doesn’t make fun to the bank, because now he has another property in stock, but he has not yet recovered a single Euro of those 500,000 €, he claimed to the developer. For that reason, the bank asks to the judge to continue the execution and never stop seizing the promoter’s goods until the bank receives the last owed cent. Although the building has been allocated to him for a fictitious value (400,000 €, auction sale’s value), this good does not enter the bank’s assets with this value, but the real market one, which is the value for auction purposes (800.000 €) accepted by the bank itself in case some day the building had to be put up for auction. ...

WHAT IF WHO CAN NOT PAY IS NOT A BUSINESSMAN?

Valoración: 2 , Fecha: 09/06/11

... And my answer is: possible, yes it is, but; if it is good for you to end up in a bankruptcy proceeding that is another issue. 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. And the creditors, either by social consciousness or perhaps for not being treated as bullies in the newspapers, do not appeal against these judgments. But do not forget that we are in a state of law, and we have to do what the law says. Law says what it says, even with large holes such as the Grand Canyon, which is famous and spectacular, not because for being red or a canyon, but for how big it is, like the existing loophole in individual bankruptcies. ...

SUFFER DEBTOR, Give me back my VAT!

Valoración: 2 , Fecha: 23/05/11

... There’s one day when you no longer believe in more excuses; another day the good payer becomes a recalcitrant defaulter and, what do you want? You want him to pay; not just for the bill, also for such a hard time you are going through because of him. Remarkable are the advantages of this latter, so it can be used to claim debts for up to 250.000 € with a simple letter of “request”, from which you don’t need a lawyer or attorney (in the following procedures, depending on the debtor reaction, you will indeed need them; or do you think that you could get rid of us so easily? For notary request just go to the Notary and make a “deed of statements” showing the information of the debtor and attaching the documents that prove the debt. For other cases the deadline is 1 year Within one month from the date of the amendment invoice you have to inform the Tax Office that the tax base has been reduced, providing a copy of the amendment invoice and the legal or notary claim. ...

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