Author: Carla Cano

BLOG POST WRITTEN BY SCORNIK GERSTEIN LLP

THE GENERAL MEETING (JUNTA GENERAL)

Shareholders can take decisions on matters related to the management of the Company through the General Meeting (Junta General). All shareholders, including those who did not attend the General Meeting and/or are disagree with the decisions made by the General Meeting (Junta General) are subject to the said decisions.

In general terms, for the General Meeting to be validly constituted, the following steps are required:

1. a) A President and a Secretary for the session shall be appointed, who will constitute the mesa de la Junta[1].
2. b) The President shall draw up an attendance list taking into account the members who have attended as well as the capital and the number of votes that each of them represent.

In order for the decisions adopted by the General Meeting to be valid, a quorum is required. The composition of the quorum depends upon the matters addressed because some of them are required to be approved by a majority of votes where others would not.

Spanish law defines two types of General Meeting as follows:

1. Ordinary General Meeting (OGM): which should compulsory take place within the first six months of each corporate year to approve the social administration and the accounts of the company for the previous year.
2. Extraordinary General Meeting: is any General Meeting that is not an Ordinary General Meeting.

DIRECTOR OR BOARD OF DIRECTORS (ÓRGANO DE ADMINISTRACIÓN)

The Director/Board of Directors are appointed by a General Meeting and must observe the decisions adopted by the shareholders at the General Meetings.

The Director or the board of Directors manage and represent the company.

The corporate governance of a company, can be performed by another company[2], one or various individuals, and if the later, they can operate and be organized as follows:

1. Solidary administration (Administración solidaria) where any director can operate with full effectiveness and legitimacy, within the limits established by the law and the General Meeting (Junta General), without for the need of the expressed consent of the other directors.
2. Joint management (Administración mancomunada where all directors must expressly give their consent for the decision to be effective.
3. Board of directors (Consejo de administración) where decisions are taken by the majority of the directors.

With regards to a public company (sociedad anónima), can eiher have two individual directors operating jointly or three or more individual directors forming a Board of Directors automatically.

In relation to a limited liability company (sociedad limitada) it is possible to establish in its company’s articles of association, different types of structures to organize its organization. By holding a general meeting (junta general) they can decide which type of structure they require, without it being necessary to modify its articles of association.

REMUNERATION SYSTEM OF THE DIRECTOR OR BOARD OF DIRECTORS (ÓRGANO DE ADMINISTRACIÓN)

The directors of the board of directors will not receive any remuneration unless a remuneration system is established in the articles of association of the company. Indeed, the articles of association must establish accurately, the remuneration system assigned to the directors/board of directors.

The terms of the said remuneration system can be, among others, as follows:

1. A fixed salary
2. Attendance allowance, where the remuneration is based on the number of attendances to committees, meetings etc.
3. Profit sharing where the director/board of directors are remunerated based in the company’s profit either by:

               3.1 A fixed percentage of the profit of the company.

               3.2 A variable percentage of the profit made by the company

     4. Linked to the company’s shares by:

               4.1 Giving shares to director/board of directors.

               4.2 Giving the director/board of directors the option to buy shares (stock options) in the company.

               4.3 Making remuneration dependent on the share price. Therefore, as the share price increases the Director/Board of Directors will receive a higher salary.

THE DUTY OF DILIGENCE AND LOYALTY OF THE DIRECTOR/BOARD OF DIRECTORS

The duty of diligence and loyalty of the director/board of directors of a company, are regulated at Articles 225 to 232 of the Spanish Company Act[3] and, in broad terms, are the following:

1. General duty of care:

It refers to the material performance of the director/board of directors which has to be in line with the aim to achieve major benefits for the company, by complying with the Law and the articles of association.

2. Duty of loyalty:

The director/board of directors cannot take advantage of their position for his/her own benefit and the only economic compensation that the director/board of Directors will receive for his/her performance of duties is the one established in the company’s articles of association.

Laura Gallego Herráez.

If you want to receive our next articles about DOING BUSINESS IN SPAIN, send us an email to: london@scornik.com

[1] Article 191 Spanish Companies Act.

[2] In this case, the company will appoint a natural person who will act in its behalf in order to perform the duties of Director of the company.

[3] https://www.boe.es/buscar/act.php?id=BOE-A-2010-10544

 

BLOG POST WRITTEN BY SCORNIK GERSTEIN LLP

Every business holding personal data from clients or potential clients must comply with data protection regulations.

Below, we explain the current legal landscape in relation to the international data transfer that Spanish resident companies, with UK resident clients or potential clients should be aware of.

Brexit prompted the UK and the European Union (EU) to enter the Trade and Cooperation Agreement (24.12.20) establishing a six-month period (until 30th of June 2021) during which both parties were able to carry on transferring personal data without any restrictions; in the same way as the did before Brexit.

The General Data Protection Regulation 2016/679 (GDPR) regulates the protection of personal data within the EU, sets a mechanism called «adequacy decision», to asses «adequacy» to those countries that, despite not being European members, have in place regulatory standards that, under the Commission’s opinion, guarantee adequate protection to data protection and, consequently, allows for the transfer of personal data from the EU to those countries without the need of additional safeguards.[1]

On 28^th June 2021, the European Commission adopted an adequacy decision for the UK, allowing the free movement of data for a four-year period from the adoption of the adequacy decision, i.e. until 28^th June 2025 and afterwards the EU will start a new process of evaluation of the standards of UK data protection regulation and accordingly, conclude whether or not to renew the «adequacy status» of the UK.

Currently, the UK GDPR regulates data protection in the UK, which content is the same as GDPR, the only difference being the replacement of the referrals that the GDPR makes to EU data protection supervisory bodies with data protection officers in the UK.

 

Laura Gallego Herráez.

Associate Spanish Lawyer and business developer at Scornik Gerstein LLP.

laura.gallego@scornik.com

[1] https://www.aepd.es/es/derechos-y-deberes/cumple-tus-deberes/medidas-de-cumplimiento/transferencias-internacionales

 

BLOG POST WRITTEN BY BIGLE LEGAL

CLM software makes legal operations of companies no longer inefficient and avoids leaks, lawsuits or fines of millions of dollars

The legal departments of companies have a very high workload which, at the slightest peak of activity, forces them to suffer endless working days and a list of dozens of unopened emails. Although lawyers are used to working under this kind of pressure, and even though we know that lawyers are made of special stuff, it is inevitable to lose control over the processes that are managed on a day to day basis.

As the legal team manages contracts relevant to their business, the consequences of such a loss of control can be critical for the company. Human error, a poorly drafted document or a failure in approval can trigger very serious contingencies, such as leaks, lawsuits or fines of millions of dollars that can lead to bankruptcy.

In an increasingly digitalised world, the traditional no longer provides stability and security. The prosperity of large companies depends on the proper management of their assets and the preservation of their integrity, something that can only be ensured thanks to technology. A Contract Lifecycle Management (CLM) software streamlines and ensures these processes whose firmness is crucial for the well-being of companies.

A manual process that opens the door to legal contingencies

The traditional process of creating legal documents is manual and mechanical. These are usually prepared using templates in a text editor (such as Microsoft Word, for example) that are shared with different professionals, departments and even people outside the company. Versions change, files multiply, and it is no longer certain who has access to the documents or has modified it.

It should be noted that the supervision of the contract process depends on the legal area. Sometimes it has to delegate to other departments because it does not have the time, and may even take small acts of faith and not review minor contracts. But how serious are the consequences?

Leaks, legal problems and severe penalties

The credibility of a company trembles at the word “leak”. Customers, shareholders, suppliers, public opinion… the trust gained in years of hard work can go up in smoke with a leak of personal data. Inside information is key in the business world and losing it or exposing it to the public or to competitors has serious consequences.

Just look at the zeal of companies such as Apple before presenting their new smartphones or that of car manufacturers of any brand: the leak of a photo of the latest model or of a compromising document leads to huge losses for multinationals. But the consequences of this type of contingency, especially those related to personal data, go beyond this, with penalties of millions of dollars and even prison sentences. Legislation is increasingly jealous of user privacy.

A single software to control the document process from start to finish

We are talking about a CLM solution, a software that allows legal departments to decentralize the use of legal document templates, so that other sections of companies can create these contracts and documents in a secure process, without failures and controlled at all times by the legal department in a simple way.

The process is based on no-code document automation technology. A copy and paste template, once loaded into the software, makes the document generation and validation method not only faster and more agile, but also 100% secure. The employee will be able to generate tailor-made documents with peace of mind and it will be much easier for the in house lawyer to monitor the correct functioning of the document process, ensuring compliance and procedural security at all times.

If you are interested in learning more about how CLM technology helps legal departments in all types of companies and sectors to be much more efficient and secure, don’t miss our new ebook, Risk reduction in legal departments. Empower your team with the latest in legal tech!

 

BLOG POST WRITTEN BY SCORNIK GERSTEIN LLP

On 30 of November 2021, the Spanish Council of Ministers agreed to pass to the Congress for discussion the Crea y Crece (Create and Grow) draft bill and if approved, it is expected to become enforceable within 2022.

The said law is part of the Spain’s “Recovery, Transformation and Resilience” Plan which aim is to accelerate the economy after the Covid crisis, by promoting enterprise, and digital transformation.[1]

Below, we address the key points of the Spanish Create and Grow draft bill.

SETTING UP A LIMITED LIABILITY COMPANY WITH THE MINIMUM AMOUNT OF 1 EURO, WITHIN 10 DAYS (OR LESS) AND ELECTRONICALLY:

Pursuant to the Create and Grow draft bill, a limited liability company can be set up in Spain with a minimum capital amount of just 1 Euro, as opposed to the 3.000 Euros currently required.

However, for the purpose of safeguarding the interests of creditors, the limited liability company must at least allocate 20% of its profits to its legal reserves until the said reserves, together with the company’s capital, reaches the amount of 3,000 Euros.

Additionally, if the company goes into liquidation, if its assets are insufficient to meet its obligations, the shareholdersshall be jointly and severally liable for the difference between the amount of 3,000 Euros and the company’s capital.

According to the Create and Grow draft bill, it will be possible to set up a limited liability company online within a maximum of 10 working days and without the need to appear before a notary public nor at the Registro Mercantil (Companies House) in person.

Also, any variation of the company’s capital, will be published at the Mercantile Registry and effective within 10 working days.

Indeed, the Create and Grow draft bill establishes that all public notaries with power within the Spanish territory must be registered at the Notarial Electronic Agenda, in order to carry out the incorporation of companies online. A notary public cannot refuse any incorporation procedure initiated through the online system.

COMBATING LATE PAYMENT:

According to article 4 of the Spanish Law 3/2004 of 29 December regarding payments in commercial transactions, the maximum period within which the debtor must pay any outstanding debt to a creditor is 30 days, unless the two counterparts set up another date of payment, which cannot exceed 60 days.[2]

However, it is not uncommon for those deadlines not to be met and due to that, small and medium-size business can suffer lack of liquidity.

In order to combat late payment, the Create and Grow draft bill establishes that a company which does not makes a payment within the period mentioned above, will not be entitled to apply to any public subsidies nor be eligible for take part in public contracts.

MANDATORY B2B E-INVOICING:

Pursuant to the Create and Grow draft bill, electronic invoices must be used in all commercial relations between companies and self-employed people. This measure not only contributes to reinforce the digitalization of the business operations, but also guarantees greater traceability and control of payments for the public administration in order to combat the late payment mentioned above.

If the current version of the Create and Grow draft bill is approved, companies and self-employed with annual turnover over eight million Euros, must use the e-invoicing system within a year after the said draft bill enters into effect, while companies and self-employed with turnover under eight million Euros, must use the e-invoicing system within three years once the bill becomes enforceable.

According to the Create and Grow draft bill, businesses and self-employed must give free of charge access to their e-invoices, which should be readable, printable and downloadable.

In addition, said access to must be maintained for up to four years since the invoices were produced, even if the persons invoiced had expressly refused having access to them.

If businesses or self-employed persons do not comply with the e-invoicing regulation, they could face a fine of up to €10,000.

 

Laura Gallego Herráez.

Laura currently holds the position of Associate Spanish Lawyer and business developer at Scornik Gerstein LLP.

Laura.gallego@scornik.com

 

[2].https://www.lamoncloa.gob.es/lang/en/gobierno/councilministers/Paginas/2021/20211130_council.aspx

 

We are delighted to announce that Onubafruit has recently become a Patron of the Spanish Chamber of Commerce in the United Kingdom.

Onubafruit is a second-grade co-op. Our producer partners share a common philosophy: unity and teamwork.

At the heart of each of the people who shape Onubafruit is the conviction that we work in a business that makes us grow globally. Our products not only create value for farmers, they also help to improve the lives of consumers, make our customers grow and contribute in a very positive way to the population.

We are leaders in bringing our fruit to different countries, especially in Europe.

Farming is our driving force and the continuity of our business and the quality of life in our cities depend on it. That is why we maintain a strong commitment to its adequacy and conservation and strive to work with environmental practices that help reduce our environmental impact.

Onubafruit covers all its agricultural production under sustainability certifications and also counts on organic crops, responding to the different demands of the market and our commitment to the environment. Our priority is to offer safe products that meet the nutritional needs of consumers and inspire good eating habits.

Onubafruit has an infrastructure that allows our fruit to reach distribution centres in just 24 hours. From our cooperatives we deliver our products to the customer’s depots with an efficient management system. Simple, flexible and fast. Currently, we are maintaining open commercial lines with Europe and Asia and we continue to open up new markets and generate trust within our clients.

The contact details of Onubafruit are as follows:

Contact name: José Manuel Molina
Address: Rumwood Green Farm, Sutton Rd, Langley | Maidstone | ME17 3ND
Tel: +44 (0)12 2766 8310
Website: http://onubafruit.com
Email address: jmolina@onubafruit.com

Please join us in welcoming Onubafruit to the Spanish Chamber!

 

BLOG POST WRITTEN BY SCORNIK GERSTEIN LLP

Desde el 1 de enero de 2021 (Brexit) la Directiva 2006/112/CE[1], sobre el régimen común de la Unión Europea (UE) en relación al impuesto sobre el valor añadido (IVA), y la Directiva 2008/9/CE, que regula la devolución del IVA a sujetos pasivos residentes dentro de la UE, dejaron de aplicarse en el Reino Unido (RU).

Además, tras el Brexit, los movimientos de servicios y bienes entre España (SP) y el RU dejaron de considerarse adquisiciones intracomunitarias, para pasar a ser exportaciones e importaciones. En consecuencia, una vez que el bien exportado desde SP, se encuentra en la aduana de entrada a RU, si su importe supera las 135 GBP, se debe pagar el correspondiente IVA de importación para que éste pueda entrar en el país.

IVA DE IMPORTACIÓN

> £135

Arancel 0%[2]

REGISTRO DEL IVA EN REINO UNIDO

Las empresas españolas que vendan productos a Inglaterra, Escocia o Gales a través de comercio electrónico, y no tengan establecimiento permanente ni filial en RU, deben obtener un número de IVA británico, en la condición de Non- established taxable persons[3].    

Una vez que la empresa española ha obtenido su número de registro en el IVA británico, está obligada a presentar la correspondiente declaración periódica del IVA ante la hacienda británica (VAT Returns)[4] aunque no tenga IVA que ingresar o que recuperar.

SUJETO PASIVO DEL IVA DE IMPORTACIÓN Y DEL IVA SOBRE LAS VENTAS.

A continuación, indicamos quién es el sujeto pasivo[5] del IVA sobre las importaciones y del IVA sobre las ventas, dependiendo de diferentes factores que pueden intervenir en las operaciones de comercio electrónico.

 

1. A) EL ENVÍO DEL BIEN SE REALIZA DESDE SP DIRECTAMENTE AL CONSUMIDOR FINAL O A OTRA EMPRESA EN RU.

A.1(Business to Consumer)

En el caso de que el vendedor realice el envío desde SP, de un bien cuyo importe no supere los 135 GBP, éste pasa la aduana sin tener que pagar el IVA de importación, está exento, y el vendedor será el sujeto pasivo del IVA sobre la venta hecha en el RU.

En cambio, si esa misma operación se realiza a través de un marketplace (ejemplo: amazon) Igualmente, no será necesario pagar el IVA de importación, pero en ese caso, el sujeto pasivo del IVA sobre la venta en el RU es el marketplace y no el vendedor.

Si el importe total del bien que se envía desde SP al RU, supera los 135GBP, el vendedor deberá abonar el IVA de importación para que éste pueda pasar por la aduana. También, la operación estará sujeta al IVA sobre la venta en el RU. En este caso, el vendedor será el sujeto pasivo del IVA sobre la venta con independencia de que ésta se realice o no a través de un marketplace.

A.2. B2B (Business to Business)

En las ventas realizadas por una empresa residente en SP, a otra empresa residente en RU, aplica la inversión del sujeto pasivo. Es decir, la empresa residente en el RU que recibe el bien, es la encargada de colectar y abonar a la hacienda británica el IVA sobre las ventas y el IVA sobre las importaciones, cuando éste aplique, con independencia de que la empresa residente en SP haya realizado la venta a través de un marketplace o desde su propia web.

 

1. B) LA EMPRESA RESIDENTE EN SP, PRIMERO TRASLADA SUS BIENES A UN ALMACÉN UBICADO EN RU, Y DESDE AHÍ LO ENVÍA AL CONSUMIDOR FINAL O A EMPRESA RESIDENTE EN EL RU.

En estos casos, el vendedor debe pagar el IVA de importación, cuando aplique, para que su bien pase la aduana y llegue al almacén ubicado en RU.

B.1 B2C (Business to Consumer)

Si una vez que la empresa ha enviado sus bienes a un almacén ubicado en RU (stock), realiza la venta de dicho bien y lo envía al consumidor final también ubicado en el RU, el vendedor es el sujeto pasivo del IVA sobre la venta, salvo que ésta se haya realizado a través de un marketplace , ya que en ese caso, el marketplace será el sujeto pasivo el IVA sobre la venta con independencia de que el importe del bien haya superado o no el umbral de 135 GBP.

B.2 B2B (Business to Business)

Empresa residente en SP, primero envía sus bienes a un almacén ubicado en RU, y una vez que se produce la venta, envía el bien desde este almacén a una empresa residente en el RU.

En este caso, no aplica la inversión del sujeto pasivo y es el vendedor residente en SP, el responsable de recaudar el IVA y abonarlo a la hacienda británica en todo caso, con independencia de que la operación de comercio electrónico se haya hecho a través de un marketplace o no y con independencia de que el importe del bien haya superado o no el umbral de 135 GBP.

 

SISTEMA DE PAGO DIFERIDO DEL IVA DE IMPORTACIÓN:

POSTPONED VAT ACCOUNTING.

El sujeto pasivo del IVA de importación, puede acogerse al sistema de pago diferido de ese impuesto: Postponed Vat Accounting (PVA)[6], el cual permite diferir el pago hasta la fecha en la que se deba presentar la declaración del IVA en la hacienda británica (VAT returns), en lugar de pagarlo en el momento del despacho de importación.

Este sistema de pago diferido tiene como objetivo evitar el impacto negativo que genera en el cash flow, el hecho de pagar ese IVA en el mismo momento que el bien pasa por la aduana de entrada al RU.

Así, el PVA permite que, en lugar de pagar el IVA de importación y reclamarlo posteriormente, se contabiliza como IVA soportado (input) y generado (output) en la misma declaración, evitando ese pago por adelantado.

 

Laura Gallego Herráez.

Laura currently holds the position of Associate Spanish Lawyer and business developer at Scornik Gerstein LLP.

Laura.gallego@scornik.com

 

[1] https://eur-lex.europa.eu/legal-content/es/TXT/?uri=CELEX%3A32006L0112

[2] El Acuerdo de Comercio y Cooperación alcanzado entre el RU y la UE (Brexit), establece arancel 0% para las importaciones de mercancías en el RU de origen europeo.

[3] https://www.gov.uk/government/publications/vat-notice-7001-should-i-be-registered-for-vat/vat-notice-7001-should-i-be-registered-for-vat#non-established-taxable-persons-netps-basic-information

[4] https://www.gov.uk/vat-returns

[5] El sujeto pasivo es aquel sobre el que recae la obligación tributaria de abonar el impuesto a la hacienda británica (HMRC por sus siglas en inglés).

[6] https://www.gov.uk/guidance/check-when-you-can-account-for-import-vat-on-your-vat-return

 

 

BLOG POST WRITTEN BY OUR BENEFACTOR HAUSFELD

Lianne Craig, Managing Partner, Hausfeld (London)

On this International Women’s Day, we find ourselves amidst unprecedented evolution in the world of work.  I believe female leaders will play a critical role in a successful transition and that business will be all the stronger for it.

Female board appointments to FTSE100 companies have risen to nearly 40% in the UK over the last decade yet executive roles are still rare with only 8% of those companies having a female CEO.[1]  Over that period, the UK legal services industry has lagged even further behind in terms of female progression into leadership roles though this is now slowly beginning to change with a refreshing number of female appointments into senior leadership roles in London-headquartered global law firms over the past 24 months, including Magic Circle firms such as Freshfields and Linklaters.

In those same 24 months, working practices have undergone a seismic shift as a consequence of the ‘work from home’ mandates necessitated by the global pandemic. Businesses have been forced to rethink and implement flexible working policies.  Much to the surprise of many, this huge social experiment has shown that productivity does not need to suffer and culture can be preserved even when employees are not working the ‘9-5’ five days a week in the office. Employees are now demanding flexibility in a labour market where the younger generation are calling the shots, with salary wars raging in the professional services sector and the ‘Great Resignation’ underway. There is a recognition that ‘hybrid’ working is here to stay.

Female leadership in the spotlight

Many female leaders have well developed soft skills, honed through many years of navigating male-dominated working environments, often juggling motherhood and/or other caring responsibilities with heavy work commitments.  Their skills and experiences translate in the workplace to a particularly ‘human’ brand of leadership that is particularly appealing to the younger generation of employees to whom empathy, inclusion and flexibility are critical.

Female leaders can distinguish themselves using this form of conscious leadership: recognising the diverse talents that different employees have to offer to both the organisation and the community.  When a woman reaches the higher echelons of an organisation, she will bring empathy, the ability to listen with openness and a desire to work collaboratively with the collective rather than the individual in mind. She understands what it is like to have to adapt to working in an environment that is not her natural habitat in order to succeed.  Most of all, she is highly motivated to effect positive organisational and societal change so that the experiences of those growing and developing in her wake will be markedly different to her own, allowing those from diverse backgrounds to thrive because of who they are (rather than despite of it).

Many of the pandemic-driven developments represent changes that women in the workplace have sought for many years.  Female leaders are highly motivated to reframe working environments and practices in a way that is sustainable, inclusive, and humane.  They also understand that, now more than ever, a strong sense of the collective and community, led from the top, will be critical to every organisation trying to navigate the world of hybrid working.  Individual compromise will be required in order to ensure that firm ‘culture’ not only thrives but survives these huge changes to the way we interact as humans in the workplace.

Women are, I believe, particularly well suited to tackle the challenges, and leverage the opportunities, that the ‘new’ workplace presents.

Spain has been at the forefront of proposing positive solutions: early on in the pandemic, in June 2020, the Declaration of Remote Working: 12 commitments + 12 causes was created jointly by Women in a Legal World and 50&50 Gender Leadership[2] to encourage the promotion of a new business culture. It is likely that we will see similar initiatives become widespread before long.

As a mother of daughters, and a law firm leader, I find myself optimistic about the landscape for emerging female talent and the accelerating opportunities to create the next more diverse generation of leaders.

 

[1] https://www.fawcettsociety.org.uk/sex-power-2022

[2] https://www.5050gl.com/

 

We are delighted to announce that FTI Consulting has recently become a Patron of the Spanish Chamber of Commerce in the United Kingdom.

FTI Consulting is an independent global business advisory firm dedicated to helping organisations manage change, mitigate risk and resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. Individually, each practice is a leader in its specific field, staffed with experts recognised for the depth of their knowledge and a track record of making an impact. Collectively, FTI Consulting offers a comprehensive suite of services designed to assist clients across the business cycle – from proactive risk management to the ability to respond rapidly to unexpected events and dynamic environments.

FTI Consulting delivers an unmatched combination of breadth and depth of expertise across our worldwide network of more than 6,600 employees located in 29 countries on six continents. This vast network and our collaborative culture enable our teams to address and resolve even the most complex threats to enterprise value.

Our Construction Solutions practice provides a wide range of services to the global construction community. Drawing on decades of experience working on some of the world’s most complex, high-profile projects, we have a proven track record in providing solutions that help clients prevent, manage and resolve construction issues.

We advise on contractual, technical and commercial issues relating to construction projects, from project planning, procurement, construction and commissioning through to completion, to ensure every aspect is properly risk assessed, governed, well-executed and fully supported from beginning to end. We also provide a leading team of experienced expert witnesses who help to resolve disputes in litigation, arbitration and expert determination related to contractual, delay and quantum matters throughout the world.

Quote from Javier Hernández – Senior Director, Construction Solutions:

“I have been a member of Spanish Chambers in other countries, such as Qatar, and it was a very positive experience for my Company and me; I still keep professional and personal relationships with other members. I attended my first event with SCCUK in November, and I was impressed with the organization and the staff working for the Chamber. I am looking forward to participating in more events and being part of the SCCUK.”

The contact details of FTI Consulting are as follows:

Contact name: Javier Hernandez
Address: 200 Aldersgate Street, London, EC1A 4HD
Tel: +44 (0)20 3727 1000
Website: www.fticonsulting.com
Email address: javier.hernandez@fticonsulting.com

Please join us in welcoming FTI Consulting to the Spanish Chamber!

 

BLOG POST WRITTEN BY OUR MEMBER SCORNIK GERSTEIN LLP

 

Laura Gallego Herráez, associate lawyer at Scornik Gerstein LLP, spoke about Brexit´s economic and legal perspectives in 2022 at the Madrid Law Society, in their online session of 1st of February.

During this event, Laura Gallego Herraez addressed, among other issues, the conflict of jurisdiction and the enforcement of judgments in cross-border matters between the United Kingdom and Spain a year on post Brexit.

Moreover, during this session, Laura introduced and presented THE BREXIT LAW PROJECT, which was launched by the Brexit Department of Scornik Gerstein LLP to Madrid Law Society members. This is directed by Antonio Arenas Lopez, Managing Partner at Scornik Gerstein LLP and renowned and prestigious lawyer in cross border matters, practising at its London headquarters since 2003.

THE BREXIT LAW PROJECT consists of a landing page called https://thebrexitlaw.com together with its mobile app: bit.ly/34brg6p. The platforms keep the users updated about changes that Brexit brings to law. Users can search for information by areas of law (in English and Spanish) or by date (calendar feature).

You can access to the recording of the session through this link: Where do we stand? Perspectivas jurídico-económicas del Brexit en 2022” – YouTube

 

BLOG POST WRITTEN BY DIVERSITAS INSTITUTE

 

Today, 11^th of February, we celebrate the International Day of Women and Girls in Science and I would like to take the opportunity to point out what are the challenges and opportunities that girls and women face in the STEM (Science, Technology, Engineering and Mathematics ) field.

Despite some improvements in recent decades, women and girls are still underrepresented in STEM. In order to analyse why is this still happening, it is necessary to look at some facts around the topic:

In terms of education, the last UNESCO report Cracking the code: Girls’ and women’s education in science, technology, engineering and mathematics shows some clues that provide useful information around the factors behind the lack of women and girls in these areas from an education perspective. These factors go from an individual level to a more broad and systemic societal level. Some of the causes depicted in this study are:

 

• “Girls appear to lose interest in STEM subjects with age. Gender stereotypes around the idea that STEM careers are male dominant can have a negatively effect in girl’s engagement”.
• “Lack of female role-models in education”.
• “Cultural and social norms influence girl’s perceptions. In countries with greater gender equality, girls tend to have more positive attitudes and confidence in subjects such as mathematics”.

 

On the other hand, according to Women in Stem, using recent UCAS data from HESA and WISE campaigns:

 

• Only 35% of STEM students in higher education in the UK are women. In particular, in Computer Sciences and Engineering, the percentage falls to 19%.
• Women make up 24% of the STEM workforce in the UK. According to the trends from the last decade, it is estimated that by 2030, they expect to reach over 29% of women in the sector.

 

Additionally, according to a recent report of the British Science Association, “the STEM workforce, when contrasted with the rest of the UK workforce, has a lower share of female workers (27% vs. 52%). In particular, the proportion of female ICT professionals has remained static at 16%”.

These facts and figures confirm that the sector is still facing a low proportion of women. Therefore, the question of why is it so crucial to attract more women to the STEM field requires our attention.

STEM is a vital and critical economic sector that represents 18% of the UK’s total workforce, a percentage that in the near future is going to grow even more. Meeting the increasing need of talent with more women moving towards STEM careers becomes absolutely essential.

At this point, from the workplace point of view, what can companies do to help reversing this trend?

 

• Diversify recruitment strategies, looking for a wider range of candidates in different talent pools; actively seeking female talent through different channels or having a more diverse recruiting board incorporating the gender perspective in the recruitment process involving women in the decision-making.
• Retain female talent, creating an inclusive workplace culture; supporting returners; introducing mentoring and reverse mentoring programmes or adopting policies and internal programmes to better reconcile the work-life offering them to both men and women.
• Attract future talent collaborating with schools and universities through, for example, STEM careers events; organising open days at the company; hearing inspiring talks from potential employers making visible women of the organisation as an inspiring role model or creating networks that can reach to girls who are thinking of choosing a career in STEM. In that sense, according to the Institute of Student Employers in a survey that was conducted, “the majority (95%) of respondents said they were more likely to apply to a company they had spoken to at a careers event and 58% said that STEM Women events had changed their minds about potential career paths”.