International Advocacy - Mevr. mr. drª Marian Aletta Does

While the rest of the European Union is, economically spoken in a
a bit of a turmoil, the unification of Public Entities in the respective
Member State countries continues at full speed.

Well at least in Spain where last week EU Directive 2012/17 of the
European Parliament and Council was implemented.

Quote: ' Whereas
Businesses are increasingly expanding beyond national borders,
using the opportunities offered by the internal market.
Cross-border groups, as well as many restructuring operations,
such as mergers and divisions, involve companies from different
Member States. Consequently there is an increasing demand for
access to information on companies in a cross-border context.
However, official information on companies is not always
readily available on a cross-border basis.'

Well at least according to them.

And, quote: ' The Commission Communication on the Single
Market Act identified the interconnection of central, commercial
and companies registers as a measure required to create a more
business-friendly legal and fiscal environment.

The interconnection should contribute to fostering of competi-
tiveness of European business by reducing administrative burdens
and increasing legal certainty and thus contributing an exit to
the global and financial crisis, which is one of the priorities of
the agenda 2020. It should also improve cross-border commu-
nication between registers by using innovations in information
and communication technology. '

By means of Ley 19/15 dated 13.07.15 measures were approved
to reform the administration of Justice and Civil Registry. This
reform contains a lot of alterations to various existing spanish
laws, such as the public registry of births and deceased, the
commercial code with regard to the registration of companies,
the registration of property and pending mortgages.

Basicly the changes enable digital proceedings and thus direct
access to the registry office.

Amazingly enough this also applies to public auctions of
Spanish based movable and inmovable property, in case of,
for instance, recovery of mortgage debts by banks.

The referred law, therefore attributes specific powers to
registars, notaries and court officials. whose tasks it will
be to guide and safeguard the proceedings and protect the
interests of all involved.

Well thats good to know, considering the inquiry results
as published by the Spanish National Advocacy Council,
in a poll where 95% of the inquired advocates informed
to consider the corruption in public life, very high and
inadequately combated.

Sources:
Directive 2012/17/EU http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012L0017&from=EN

Ley 19/15 of 13.07 http://www.boe.es/boe/dias/2015/07/14/pdfs/BOE-A-2015-7851.pdf


Mevr. mr. drª Marian Aletta Does
Abogada española - advogada portuguesa - dutch lawyer