Also in the news...
Prove your English language abilities with a secure English language test (SELT)
For visa or citizenship applications, you may need to prove your knowledge of English by passing a secure English language test (SELT).
UK and Nigeria Enhanced Trade and Investment Partnership arrangement
The Enhanced Trade and Investment Partnership (ETIP) sets out the UK and Nigeria’s priorities for future discussion and cooperation.
Export to the UK: guidance for African businesses
Find out about UK markets and sectors, trade agreements, UK import regulations and taxes, and support for African businesses from the UK government.
Guidance Start exporting to Africa
Find out about market opportunities, trade partnership agreements, support from the UK government, and export regulations and taxes in African countries.
Guidance Start investing in African businesses
Find out about investment opportunities and support from the UK government. Learn how to manage risk, invest ethically, and access guidance on African countries.
Role of Administrator of a Spanish Company
The role of administrator of an SL in Spain
1. What is an administrator of a company?
The Law relating to companies in Spain dictates that every commercial company must have an individual responsible for management
The administrator will carry out all the management of the company, and of course, will be the ‘representative’ of the entity.
There are several options to choose as administrator: Sole Administrator, Joint Administrator, Solidarity Administrator or Board of Directors (composed of at least 3 members).
Normally, the figure of Administrator is not a figure to which a fixed remuneration is assigned, but a salary can be established if desired.
2. Who can be the administrator of a limited company?
Anyone who wishes may be a company administrator, there are no more requirements than:
• Not being minors
• Being mentally able
• Not have criminal offences
• In some cases, not having the official position, due to incompatibility.
The General Meeting of Members is the one who appoints the Administrator.
3. Duties of the administrator: What does it mean to act diligently?
The Administrator must act diligently and honestly with society, that is, the administrator cannot take advantage of business opportunities for personal benefit.
Therefore, the Administrator who does not comply with the duties of the position, will personally respond to partners and / or creditors for the damages caused.
4. Actions for which the administrator is responsible according to case law
• If the Administrator does not call meetings
• Should not apply for bankruptcy in the following 2 months in case of insolvency
• If theAdministrator does not keep accounts of any kind
• If the Administrator performs risky operations; for example excessive purchases after a year of losses
Therefore, the figure of the Administrator carries more responsibilities than people commonly think, and to not diligently meet their obligations can have serious consequences.
GB Abogados provide a range of legal and accountancy services to international companies in Spain.
If you are thinking of setting up a business in Spain or need assistance with an established company, please don´t hesitate to contact us for a no obligation consultation.