The worldwide health alert triggered by coronavirus is generating a great deal of uncertainty among companies, affecting all aspects of their activity. Garrigues offers its clients multidisciplinary teams specializing in all practice areas in the countries in which it operates. Since the crisis took hold, the firm has established a team of professionals responsible for supervising the contents of this Special section, in which we provide information on all legal developments in relation to the coronavirus crisis, on proposals made by social partners, agreements, decisions, orders, etc.; in short, all the relevant information which companies need to be aware of.
Royal Decree-Law 34/2020, of November 17, 2020, on urgent measures to support business solvency and the energy sector, and on tax matters (RDL 34/2020), published in the Official State Gazette (BOE) on 18 November 2020, further extends the term for the granting of ICO guarantee facilities relating to commercial paper notes traded on the Spanish Alternative Fixed Income Market (MARF) and introduces amendments to the Spanish Securities Market Law.
Royal Decree-Law 34/2020, of November 17, 2020, on urgent measures to support the solvency of businesses and support the energy sector, and in the tax field (“RDL 34/2020”) published in the Official State Gazette (BOE) on November 18, 2020, broadens the suspension regime to include investments from the European Union or European Free Trade Association countries and amends certain components of the suspension of the deregulation regime for other direct foreign investments. The new legislation will come into force on November 19, 2010.
The November 18, 2020 edition of the Official State Gazette (BOE) published Royal Decree-Law 34/2020, of November 17, 2020, on urgent measures to support the solvency of businesses and support the energy sector, as well as in the tax field. Approved measures include an extension until December 31, 2021 of remote attendance at meetings of the corporate bodies of capital companies (defined as all those governed by Legislative Royal Decree 1/2010, of July 2, 2010), civil-law partnerships (sociedad civil), cooperative companies, associations and foundations.
On November 13, the Portuguese Data Protection Authority (Comissão Nacional de Proteção de Dados or CNPD) issued guidelines on the processing of health data regulated under Decree no. 8/2020, dated November 8, in particular, on the processing of health data carried out within the scope of (i) body temperature measurements in controlling access to workplaces, services or public institutions, education and commercial establishments, cultural or sports spaces, means of transport, residential buildings, healthcare establishments, prison establishments or centers of education and (ii) the performance of SARS-CoV-2 diagnostic tests to the data subjects listed in the aforementioned decree.
The Portuguese Government approved, through Order of SEAF no. 437/2020.XXII and Circular letter no. 30227/2020, of 10 November, new deadlines extensions for the fulfillment of several tax obligations that we summarize in the table below and that can be complied without the application of any penalties.
Following the declaration of state of emergency, decreed on November 6, 2020, the Decree No. 8/2020, of November 8, was published in the Official Gazette, regulating the implementation of the state of emergency declared by the President:
In the wave of the COVID-19 pandemic, there has been a significant increase in debt held by both consumers and companies. Over the coming years, we expect to see a large number of debt and distressed asset deals. In this viewpoint, Garrigues provides in this documentan analysis of the debt market situation and trends in Latin America, Spain and Portugal, where there is a clear move toward greater sophistication in these deals.
The obligation to mention the single document code (ATCUD) on all invoices and other tax relevant documents was postponed from 1 January 2021 to 1 January 2022, set forth in article 7 (3) of Decree-Law no. 28/2019 of 15 February, through Order no. 412/2020-XXII of the Secretary of State for Tax Affairs, taking into consideration the efforts that taxpayers have to make in adapting the necessary means for processing those documents to these new rules, especially in the existing pandemic context.