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However, this extension does not exonerate … Coordination between the various public registers in which the declaration of insolvency and the progress of the proceedings must be recorded. On 8 March 2014, Spain’s Royal Decree-law 4/2014 on urgent measures concerning the refinancing and restructuring of corporate debt (the New Reform) was published in an attempt to improve the Spanish Insolvency Law.. 5. Mariscal & Abogados specialises in providing legal counsel and assistance to both creditors and debtors on insolvency and bankruptcy proceedings in Spain. Q&A guide to insolvency and directors' duties in Spain. The Public Insolvency Register is structured in four sections within which the entries are ordered by party subject to insolvency proceedings, or debtor, in chronological order: In searches, the names of the insolvent debtor or the insolvency administrator can be entered: this will find the information available on them in any of the sections. Visit the BETA version of the European e-Justice Portal and give us feedback of your experience! With the SIA, Spain gained a modern insolvency legal framework, although, so far, in general terms, neither debtors nor creditors have been able to use it in a manner that generates better ratios of credit recovery and fewer winding ups of debtors. //element.setSelectionRange(0, 1000); For legal entities, COMI is the place where the entity's registered office is located. Overview ... a receiver in correlative order from the list of receivers that will be published in a special section of the Public Insolvency Register that has been created by the Law for this purpose. The Gradually Established Limited Liability Company in Spain, This site uses cookies. Article 198 of the Insolvency Law did make provision for a public register of cases of culpable insolvency and the appointment or disqualification of insolvency administrators. All cases of insolvency and bankruptcy from individuals to multinationals are included in the same versatile process called “concurso de acrededores”. When the new Insolvency Law came into force on September 1 2004, the framework for resolving business crises in Spain changed significantly – although the most frequently affected stakeholders (debtors, creditors, employees, judges and advisers) may … The current rules implementing Article 198 of the Insolvency Law are set out in Royal Decree 892/2013 of 15 November 2013 on the Public Insolvency Register. The web is directed by the Spanish Register College: www.publicidadconcursal.es In case the Debtor’s registered address in Spain does not match with its Centre of Main Interests, Generation of the list of insolvency administrators that meet the legal and regulatory requirements. TERMS AND CONDITIONS - PRIVACY POLICY - COOKIES POLICYMARISCAL ABOGADOS, S.L.P. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. However, this function has not yet been implemented. The Insolvency Act (22/2003) – to be replaced by its Consolidated text on 1 September 2020 – is the primary legislation governing insolvency proceedings in Spain. You can conduct your search by entering the full surname, or if you are unsure of the spelling, just the first few characters of the surname. ... KPMG in Spain, Madrid. In accordance with Article 10 of the Civil Register Law, the Civil Register is made up from Municipal Registers by a first instance judge, assisted by the secretary; for Consular Registers, by the Consuls of Spain abroad and by the Central Civil Register. We invite businessmen to contact our law firm in Spain for legal representation during an insolvency procedure. The national language version of this page is maintained by the respective Member State. Access to the Public Insolvency Register is free of charge. 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CIF B82934084 - recorded data : Volume 16351 of Section 8, Folio 134, Page M-277809. Overview, Introduction and Legal Framework . The insolvency declaration must be published in the Official State Journal (Boletín Oficial del Estado) and registered with the Registry for Insolvency Procedures (Registro de Procedimientos de Insolvencia). element.value = 'Search...'; This Register will make public bankruptcy results and proceedings to offer and guarantee greater transparency. Many of the websites provide content in English and the language where the registry is based. This article is not considered as legal advice. This should be rectified by mid-2019 which is the deadline set by the revised Insolvency Regulation to establish the EU-wide interconnection of national insolvency registers through the European e-Justice Portal. By continuing to browse the site you are agreeing to, Timing rules in the calculation of collective dismissals, Spain applies new sanctions for failure to deposit annual accounts. function simpleSearchText_onfocus(element) { ... We will clarify the extent of distress and ways to capture short-term value to develop and implement an insolvency plan to exit the formal process. The procedure is regulated by the Spanish Insolvency Section 3 (out-of-court agreements): contains information regarding steps taken to reach out-of-court agreements on payments under Title X of the Insolvency Law and regarding the court approval of refinancing agreements under the fourth additional provision of the Insolvency Law. The links are grouped by region. Section 4 (insolvency administrators and their delegated assistants – still to be created and developed). That register was expanded and given the name ‘Public Insolvency Register’ by Royal Decree‑law 3/2009 of 29 March 2009 on urgent measures in taxation, financial and insolvency matters to address the changing economic situation. } Individual Insolvency Register (IIR) The IIR is an amalgamation of the individual insolvency, bankruptcy restrictions and debt relief restrictions registers. Global Restructuring & Insolvency Guide Spain . Dissemination and publication of the decisions and acts issued under the Insolvency Law, and of the register entries arising from the insolvency proceedings. } }, General information on EU law, national Member State law and international law, General information on case law at EU and national level, General information on the organisation of justice at EU and national level, General information on the types and organisation of legal professions at EU and national level as well as on various justice networks, Information on the European Judicial Network in civil and commercial matters, European Judicial Network in civil and commercial matters, Guidelines and information on cross-border legal proceedings: from initiation to enforcement, General information on mediation at EU and Member State level, Information on tools and facilities designed to facilitate the work of courts and justice practitioners at EU and national level, General information on business, land and insolvency registers at EU and Member State level, Guidelines on how to to find a lawyer, notary, legal translator/interpreter or mediator, General information on judicial training on EU law for legal practitioners opportunities and facilities at EU and Member State level, User friendly on-line forms contained in legislation concerning civil and commercial matters, This Atlas provides you with a user-friendly access to information relevant for judicial cooperation in civil matters. Companies House neither warrants nor accepts any liability for the content on the websites linked to below. if ( element.value == 'Search...' ) { Insolvency and reorganization lawyers in Spain also advise debtors and creditors in restructuring operations and extrajudicial refinancing of their debts, as well as about legal measures to be taken in order to ensure that agreements reached out of the scope of … The court merely acknowledges receipt (this is not an adversarial proceeding) and orders its publication in the Insolvency Register (unless the notice is confidential). If you have a query, do not hesitate to Contact us. This increasingly meant that proceedings were brought to a standstill, since the costs of publication had to be borne by the insolvency estate, which was not always able to pay them. amends Law 22/2003 of 9 July, on insolvency (the “Insolvency Law”). The new Insolvency Law (RDL 1/2020) approves the redrafted text of the Insolvency Law and comes into effect in Spain on September, 1st 2020. In Spain there is a single procedure (called . BETA VERSION OF THE PORTAL IS NOW AVAILABLE! In Spain Insolvency and bankruptcy are regulated by Law 22/2003 of July 9th 2003 and it subsequent modification in the Royal decree law 3/2009, of March 27th 2009. Check your inbox or spam folder to confirm your subscription. is the owner of all Intellectual Property rights, designs, source code and contents of this Web Page. Get details about insolvency cases in England and Wales, including: bankruptcies, for example the date of a discharge (when someone is freed) from debts Concentrating all this information will allow the public to have access to a more accurate and fair view of the persons involved in bankruptcy proceedings — for both Spanish authorities and all legal or natural persons who have interest in this information. Insolvency registers - Spain The Spanish insolvency register Public information on insolvencies and insolvency proceedings is an essential element of transparency and legal certainty. Public information on insolvencies and insolvency proceedings is an essential element of transparency and legal certainty. We keep your data private and share your data only with third parties that make this service possible. Legal and economic certainty.The main features of the Spanish Business Register system are According to the SIA, the jurisdiction to handle Insolvency Proceedings lies within the Commercial Courts located in the territory where the Debtor has its Centre of Main Interests (Section 10). The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. -. -. Spain April 30 2020 The Spanish Government has just approved relevant changes to the Spanish Insolvency Act in view of the current situation in Spain pursuant to … In Spain, it is a cultural problem and the huge majority of companies in insolvency end up in liquidation: business-owners consider the filing of insolvency as a form of dishonour and delay the commencement of proceedings, which leaves the liquidation of the company as the only possible conclusion. The Insolvency Public Register will collect procedural resolutions issued during bankruptcy proceedings in Spain; all records and entries made in different public registers related to bankruptcy proceedings; as well as the opening and the completion of extrajudicial agreements. The Insolvency Law also establishes a complete publicity system of insolvency procedures (every judicial act relating to insolvency must be publish in the Land Register, the Business Register and in the Official Gazettes). The purpose of the Public Insolvency Register is to group together the relevant information generated in the course of insolvency proceedings, for purposes purely of information and public disclosure. The forename is optional, but could significantly speed up your search if … Patrick Cowley . In Spain, this is provided by means of the Public Insolvency Register (Registro Público Concursal), which is regulated by Article 198 of the Insolvency Law. The question came under the arrangements for publication laid down at the time in Spanish company law, which were based on the publication of notices in the highest-circulation daily newspapers in the province in question. Since then, the provision has been amended several times, and there have also been changes affecting other legislation providing for the publication of certain steps through the Register. The 2003 Insolvency Law did not provide for a register to give information on insolvency proceedings in general. Latest amendments to Spain's insolvency regulation. Insolvency litigation specialist Félix J. Montero co-leads the practice with Fernando Quicios, who focuses on out-of-court restructuring and insolvency matters, and Javier Izquierdo, who joined in 2018 from Gómez-Acebo & Pombo and advises on litigation, arbitration and insolvency. The Spanish Insolvency Act of 2003 already paid close attention to the publicity of bankruptcy proceedings. CIF B82934084 - recorded data : Volume 16351 of Section 8, Folio 134, Page M-277809. Insolvency procedures in Spain can be initiated on a voluntary basis or a compulsory one, in which case the creditor will initiate the petition at the Commercial Court. This Law was implemented by Royal Decree 892/2013 of 15 November 2013, under which the Public Insolvency Register is managed by the Association of Registrars (Colegio de Registradores), attached to the Ministry of Justice. See our, New regulation of the Spanish Insolvency Public Register, New Spanish Public Registry for Bankruptcy, Modification of the bankruptcy proceedings in Spain, Closing a Subsidiary in Spain: With or Without…, The extrajudicial payments agreement procedure in Spain, New Debt Settlement Procedure for Entrepreneurs in Spain, https://www.mariscal-abogados.com/wp-content/uploads/2015/02/Tarjeta-crédito.jpg, https://www.mariscal-abogados.com/wp-content/uploads/2018/11/Logo-Mariscal-Abogados-Legal-Services-Spain-300x93.jpg. } In fact, the Spanish Public Registry of Insolvency Resolutions has existed since 2005; however, the information it offered was only partial and contained deficiencies. Section 1 (insolvency notices): this contains decisions that must be published in accordance with Article 23 of the Insolvency Law and decisions recording the opening of negotiations in accordance with Article 5. Individual Insolvency Register. concurso de acreedores) in the event of the insolvency of a debtor (either an individual or a corporation). New regulation of the Spanish Insolvency Public Register The Spanish Council of Ministers passed Royal Decree 829/2013 on November 15, which regulates the Spanish Insolvency Public Register. Register now Login Close Notice of updates ! This Register will make public bankruptcy results and proceedings to offer and guarantee greater transparency. This is not a comprehensive list of all company registries located around the world. https://www.publicidadconcursal.es/concursal-web/. The Spanish Council of Ministers passed Royal Decree 829/2013 on November 15, which regulates the Spanish Insolvency Public Register. Insolvency applies to both individuals and to legal entities. setTimeout(function() { element.select(); }, 10); insolvency mediations are spreading across Spain. Institutionally, the Civil Register is unique. Search } © 2021 Mariscal Abogados S.L.P. The communication of negotiations (Article 5 bis, Insolvency Act).This Article permits negotiations with the debtor's creditors to reach a refinancing agreement or an out-of-court payment agreement, or to obtain the necessary assurances to achieve an anticipated proposal of agreement (negotiations to occur within a three-month period). COVID-19: Insolvency and Trustee Service availability through Alert Level changes. In an analysis by regions perfomed from the REFOR-CGE since the Insolvency Public Register is reported only by provinces, the first autonomous region in number of insolvency mediation, is at the end of October 2015, Catalonia with 57 insolvency mediations (growth of 259 % compared else{ The translations have been done by the European Commission service. The Public Insolvency Register has a threefold purpose: The Public Insolvency Register is on an internet portal: https://www.publicidadconcursal.es/concursal-web/. 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