With the current economic crisis significantly affecting global business, certain procedural remedies can be particularly useful in order to deal with unpaid debts.
The most common of these procedural remedies in Spain is the so-called 'proceso monitorio', which consists of a special payment procedure used for the recovery of specific monetary debts which:
On Friday, the Executive Commission of the Bank of Spain appointed the Fund for Orderly Bank Restructuring (FROB) as interim administrator of Roman Catholic Church-controlled savings bank Caja de Ahorros y Monte de Piedad de Córdoba (CajaSur).
On Tuesday, the Bank of Spain released details regarding the status of the restructuring of the Spanish savings bank sector, in what it called “the biggest overhaul of the Spanish banking sector in recent history.” The Bank also provided details regarding funding for bank restructurings supplied by the Fund for the Orderly Restructuring of the Banking Sector (FROB),
The rapid spread of coronavirus disease 2019 (Covid-19) is a public health challenge that has affected more than 200,000 individuals globally. We are finding from our clients that many business continuity plans are not robust enough to help businesses manage the growing and evolving global nature of the outbreak and its potential disruption, both in the short and long terms.
The economic challenges following from the outbreak of Covid‑19 have, and will continue to have, a serious effect on the financial situation of many companies during the foreseeable future. Aside from day‑to‑day challenges such as liquidity issues and need for cost cutting, borrowers must be aware of their obligations in relation to their lenders under their financing arrangements.
Spanish insolvency law has been modified recently by Act 22/2003. This is the culmination of a long process aimed at including in Spanish Law an insolvency law that will rectify the failures of previous legislation and create a law that fits in with social, economic and legal reality. In order to incorporate the criminal sanctions available against insolvent companies, this Act has also modified various articles of the Penal Code.
As a consequence of the current situation of economic crisis and the sudden braking in construction, we observe that every day we are finding ourselves with fresh news of negotiations with financial institutions, and applications for declarations of bankruptcy from creditors.
In its decision dated November 13th 2007, Madrid’s Provincial Court accepted the appeal against a decision delivered by Madrid´s Mercantile Court (number 6), which denied the adoption of civil precautionary measures, which were requested together with an action for joint and several liability against the administrators of Afinsa.
The precautionary measure requested was the preventive freezing of assets from the administrators in order to prevent possible concealment actions.
On 13 December 2008 the official Spanish government gazette, “Boletín Oficial del Estado” published the Spanish “Real Decreto- Ley 10/2008” of 12 December, which sets out financial measures intended to improve the liquidity of small and medium sized enterprises, and other complementary economic measures.
Tax treatment in the hands of the creditor
The waiver of an outstanding debt by a creditor shall be treated as an extraordinary loss for accounting purposes. As taxable income for corporate income tax purposes is calculated from the company’s accounting results assessed upon accounting regulations, such loss is normally deductible unless income tax law provides for an adjustment.