Create and Grow Law brings in new reporting obligations for combating late payment in commercial transactions

Spain - 

Spain Corporate Alert

The law requires companies to include in their annual reports and on their corporate websites significant information about invoices and payments to suppliers.

Law 18/2022 of September 28, 2022 on the creation and growth of companies (known as the Create and Grow Law), published in the Official State Gazette on September 29, 2022, has amended additional provision three of Law 15/2010 of July 5, 2010 on amendment of Law 3/2004 of December 29, 2004 setting out measures to combat late payment in commercial transactions.

The new provision lays down the following obligations in this respect:

  1. Listed companies are required to publish in both their annual reports and on their corporate websites, in addition to information on their average payment periods to suppliers (an existing obligation), information on the monetary value and number of invoices paid in a period below the maximum period laid down in the legislation on late payment, as well as the percentage that those invoices bear to the listed company’s total number of invoices with its suppliers, and to the aggregate monetary value of payments to suppliers.
  2. Unlisted companies that do not file abridged financial statements are required to publish in their annual reports the same information as that described in point 1. The obligation to include this information on the website has been made to depend on whether those companies have a corporate website.

No specific date has been stipulated for the entry into force of this provision, so it will take place 20 days following its publication in the Official State Gazette. 

More information about Create and Grow Law:

The reform which reduces the minimum capital required to set up a limited liability company from 3,000 euros to 1 euro has been published