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Annual Accounts | Fiscal Year-End Closing

27 Oct 2023
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With the month of October, we begin the last quarter of 2023, a period in which many companies start preparing the necessary documentation to comply with legal regulations required once the fiscal year has concluded. 1.- What are statutory audits? The statutory auditing procedure is an essential component of the legislation regulating capital companies in our country, the Capital Companies Act. These are systematic and detailed processes of review, examination, and verification of an entity’s financial, accounting, and operational records, with the purpose of evaluating the integrity and legality of the information contained in said records. This regulation establishes the obligation for companies to examine their financial statements when they meet at least one of the following criteria for two consecutive years: 2.- Purpose and Objectives The purpose of a financial audit is to analyze and certify the economic and financial information of an organization, with the aim of verifying...
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IN DIEM Abogados Present at the Top100 Innovative Leaders Gala 2023

05 Oct 2023
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The annual Top100 Innovative Leaders Gala took place on September 21 at the Metropol Parasol Auditorium in Seville, bringing together over 200 prominent figures from the business, investment, economic, social, cultural, and academic spheres of Spain, Latin America, the United States, and Europe. The ceremony, organized by Red Business Market in coordination with the Universidad Autónoma de Chile, seeks to recognize innovative talent in the international business landscape and create strategic business alliances among event attendees. Teodoro Ribera and Juan Ignacio Díaz Bidart, rector of the Universidad Autónoma de Chile and General Director of EOI respectively, were responsible for officially inaugurating the awards ceremony. In addition to the awarded institutions, the gala was attended by leading firms in the field of business and educational innovation with national and international reach, such as Capitalea, Cryptoveritas360, ElDigital.Media, among others. Origin of the Top100 Innovative Leaders Ranking The Top100 Innovative Leaders Ranking Gala...
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Expungement of Police Records

10 Sep 2023
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1.- What are police records? Police records are personal data processed by the competent authority, in accordance with Organic Law 7/2021, of May 26, on the protection of personal data (LOPDP), which are stored in a file of persons of police interest (PERPOL file) and are obtained without the consent of the affected person. Unfavorable police records derive from acts classified in the Penal Code as crimes or misdemeanors, or from administrative acts that have led to the initiation of proceedings (by FCSE) and their subsequent referral to Judicial or Administrative Authorities. 2.- Can police records be expunged? The answer is yes. The expungement or suppression of personal data held in police files can be agreed upon ex officio or at the request of the interested party. This is a right recognized for citizens by the LOPDP regarding the processing of their personal data, and its exercise is not a...
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Vacation Distribution. Pick-Up Point | In Diem Abogados

Distribution of Minors’ Vacation Time. Pick-Up Point

29 Jun 2023
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Many disagreements arise between divorced parents at the beginning of the summer vacation period regarding the distribution of vacation time for minor children, as well as the pick-up point for them. It should be understood that, in most Agreements and Judgments, specific days and times for drop-offs and pick-ups are explicitly established in order to avoid this type of conflict. However, on occasions, the resolutions or agreement do not set this out in such detail, and this is where the conflict begins. It must be specified that the summer vacation period comprises the entire school vacation period, and not only the months of July and August, as is erroneously believed. It should be understood that these are the minors’ vacations, not the parents’, and therefore this entire period must be divided, since the main objective of these divisions is the best interest of the minors, ensuring that their needs and...
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Holiday distribution. Collection point | In Diem Abogados

Legal Differences Between Minor and Serious Disobedience Offenses

14 Jun 2023
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The legal differences between the SERIOUS DISOBEDIENCE OFFENSE of Article 556.1 of the Criminal Code, the LESS SERIOUS DISOBEDIENCE OFFENSE of Article 556.2 of the Criminal Code, and MINOR DISOBEDIENCE constituting an administrative infraction as set forth in the Organic Law on Citizen Security. 1.- Serious Disobedience Serious disobedience to authority is covered in Article 556.1 of the Criminal Code, within offenses against public order: “1. Those who, without being included in Article 550, seriously resist or disobey authority or its agents in the exercise of their functions, or private security personnel, duly identified, who carry out private security activities in cooperation and under the command of the Security Forces and Corps, shall be punished with a prison sentence of three months to one year or a fine of six to eighteen months.” It is necessary that the disobedience be serious and, furthermore, that said disobedience occurs in the face...
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Legalization of foreign documents in Spain

30 May 2023
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1.- Introduction Currently, we live in a world where international transactions are a daily occurrence, with a continuous exchange of official documentation. However, a public document issued and/or validated by the authority of one country, while fully legitimate there, may require certain formalities to be admitted in another and to exert its value as an official document. For example, when we have an employment contract, a marriage certificate, or an academic degree issued abroad, these documents need to be evaluated in the receiving country to verify their authenticity. Therefore, in this article, we want to provide you with the guiding keys to understanding the legalization of foreign documents in Spain and vice versa, although for each specific case, it is advisable to seek specialized advice. 2.- What does the legalization of documents consist of? The legalization of foreign documents is an administrative procedure that serves to attest to the authenticity...
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What is neighbor harassment?

08 May 2023
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1.- Introduction One of the areas of our society where verbal and physical violence is most prevalent is within homeowners’ associations. This gives rise to neighbor harassment, also known as blocking. Although the term stalking may be better known to refer to insistent and repeated harassment that causes a serious alteration in the development of a person’s daily life, the term blocking is closer to what neighbor harassment encompasses. This is created from the English word “block”, which according to the Oxford Dictionary means: “a group of buildings bounded by four streets.” And, although in English this term is used with another meaning, in Spanish we do use it to refer to neighbor harassment. 2.- Concept and Regulation The neighbor harassment or blocking, as it is currently called, is a crime regulated in Article 172 ter of the Penal Code, which establishes that: “Anyone who harasses a person by carrying...
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Money Laundering: Analysis

Money Laundering: Analysis

04 Apr 2023
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1.- Concept and Regulation Money laundering, also colloquially known as “washing money”, constitutes a crime typified in the Criminal Code, which is criminally sanctioned differently depending on the criminal activity carried out for its achievement, considered a socioeconomic crime due to its patrimonial nature. The RAE defines the term “Blanquear” (to launder) as “To adjust to fiscal legality money originating from criminal or unjustifiable businesses”. Money laundering is regulated by the Criminal Code, as previously mentioned, in articles 301 to 304. Furthermore, in Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism, we can find certain administrative nuances that bring us closer to a better understanding and action against this type of crime. Article 301.1 states that: “Whoever acquires, possesses, uses, converts, or transfers assets, knowing that these originate from a criminal activity, committed by them or by any third person, or performs...
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Administrative Appeals for the resolution of Nationality applications

Administrative Appeal on Nationality | Fast Track

06 Mar 2023
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Currently, there is a significant delay in our country regarding the resolution of NATIONALITY APPLICATIONS, a situation that causes a great sense of helplessness and anxiety for applicants, as well as continuous mandatory renewals of Residence Permits with all that this entails, until Nationality is achieved. Legally, the established resolution period is a maximum of 1 year, as provided by Article 11.3 of Royal Decree 1004/2015, of November 6, which approves the Regulation governing the procedure for the acquisition of Spanish nationality by residence: “The procedure must be resolved and notified within a maximum period of one year from the date the application was received by the Directorate General of Registries and Notaries. Once the aforementioned period has elapsed without an express resolution, the applications submitted by the interested parties shall be deemed rejected.“ Those responsible for resolving these cases are specific officials of the MINISTRY OF JUSTICE, who are...
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