In principle, legal representatives are liable for damage caused by acts or omissions contrary to the law or the statutes or for the violation of duties arising from their office, provided that there is intent or fault. These are some of the tasks of legal representation of the company: a legal representative facilitates the purchase and sale in our country for companies that are not currently based in Spain. What a company gets when it turns to a legal representative for help: The power of attorney granted to the legal representative must cover all common business needs, such as: A fundamental element of the incorporation process and a reason for the importance of consulting legal experts to define the power and control conferred on the legal representative. “Legal representative”. Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/legal%20representative. Retrieved 6 January 2022. If you need important advice regarding the legal representation of your company, please contact our tax advisors in Barcelona by e-mail or phone. Are you thinking of starting a business in Spain but don`t really know where to start? Have you heard about the role of a legal representative? Read on to find out what they do and how they can help you. Almost every company has a lawyer among their employees who handles day-to-day affairs and provides legal support.
Not all in-house specialists are sufficiently qualified to represent and advise on the interests of corporations before the courts. A lost case can have negative consequences for the company: the appointment of the legal representative is a very important decision both for the company and for the individual, with serious consequences if the wrong person is appointed, because they receive from the shareholders the legal right to direct and make decisions on behalf of the company. If you`d rather use the representation of a legal entity in the country you want to operate from rather than register as a foreign legal entity, this is something Blackthorne can help you with. With their established network of companies worldwide, they can offer your company the representation of legal entities in more or less any country in the world and currently have legal entity representation in 226 countries around the world. There`s no denying that Blackthorne`s legal entity representation offers your company the fastest path to new international markets. In other words, a legal representative is a person appointed to act on behalf of the company. This means that the legal representative has the right to conclude contracts or conduct business on behalf of the company and the company is responsible for the consequences. Therefore, it is important that when choosing a legal representative, the focus is on confirming the powers granted and ensuring that the selected person is a trusted partner, employee and/or contact of business owners. This legal representative may be a natural or legal person (known as persona jurÃdica) and may normally perform one of the following functions: It is essential to ensure that the powers conferred on the legal representative are sufficient to enable him or her to perform the professional functions required of him and, on the other hand, are appropriately limited to ensure that the risk is minimised. There are other legal cases in which legal representatives are directly liable (there is automatic liability): directors are liable for the obligations of the company if they do not call a general meeting within two months of the date of dissolution of the company (e.g. due to losses that reduce the net assets to less than half of the share capital) for shareholders to increase the share capital or dissolve the company, or if they do not apply for the judicial dissolution of the company or its bankruptcy within two months from the scheduled date of the meeting, if the meeting has not taken place, or from the date of the meeting, if the resolution is directed against the dissolution of the company. Legal representation is how companies fulfill their legal, contractual and financial obligations.
The organization and management of the company in its relations with third parties (signing contracts, keeping bank accounts, customers, suppliers, etc.) and internal (employees, partners, etc.). are tasks that must be performed by authorized persons. In this case, the authorized person is designated as the legal representative. Appointing a legal representative for a company is common for companies and the role they play can be varied, but it is important to do it correctly. It follows that legal representation is not a one-way street. While the actions of the legal representative are binding on the represented company, the legal representative may be held liable for the company`s illegal administrative acts. The appointment of a legal representative must therefore be based on trust, care and communication. Therefore, this should not be taken lightly by all parties involved.
Natural persons or companies or firms may be appointed as directors or legal representatives, provided that such companies are represented by a natural person for the performance of their duties. With the entry into force of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, legal entities and entities without legal personality are required to connect electronically with the administrations. This requires an electronic representation certificate, valid for two years. Instead of registering for your own foreign legal entity in the country from which you will be operating your new business, you can use legal entity representation. This representation can act as a responsible party mandated by the government in the conduct of your affairs abroad. Companies will choose to represent legal entities for many different reasons, but the most attractive is that it takes much less time and costs much less than registering for your own foreign legal entity. To be appointed as a legal representative, the person must be a local or foreigner with the legal right to live and work in the country. Legal representation of a corporation includes a range of services that are not limited to court proceedings. Not only can we provide you with representation of legal entities, but we can also act as an importer for all items that need to be shipped overseas for your business.
With many years of experience behind us, we are able to provide you with the professional support you need to ensure fast, efficient and reliable import and export of equipment worldwide. When you work with Blackthorne, you don`t have to worry about anything, we will arrange payment of duties, duties, fines, product classification and certification. You can trust that you are in good hands with your team. The legal representative must be appointed by a power of attorney at a notary. It is important to remember that: This depends on the subject matter of the dispute in which the legal entities are involved. The procedure can be carried out as follows: The functions of a legal representative include, but are not limited to, the legal protection of the company`s assets, the granting of powers of attorney on behalf of the company, the authorization of legal representation by the company and the conduct of legal proceedings by the company, as well as entering into contracts and assuming responsibility for legal obligations on behalf of the company.