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Questions and Answers
What is the minimum required capital for establishing a Limited Liability Company?
What is the minimum required capital for establishing a Limited Liability Company?
What type of capital structure is associated with Joint Stock Companies?
What type of capital structure is associated with Joint Stock Companies?
What characterizes the liability of General Partners (GP) in a partnership?
What characterizes the liability of General Partners (GP) in a partnership?
Who has the right to decide in the board of directors of a partnership?
Who has the right to decide in the board of directors of a partnership?
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What is one requirement for the constitution of capitalist type companies?
What is one requirement for the constitution of capitalist type companies?
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What protects shareholders from the acts of the company?
What protects shareholders from the acts of the company?
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What type of company requires a minimum capital of €60,000?
What type of company requires a minimum capital of €60,000?
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Which statement about Shareholders in a company is true?
Which statement about Shareholders in a company is true?
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What does intellectual property primarily protect?
What does intellectual property primarily protect?
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Which of the following is NOT a form of industrial property?
Which of the following is NOT a form of industrial property?
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What constitutes the commercial name of a company?
What constitutes the commercial name of a company?
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Which aspect does copyright NOT specifically protect?
Which aspect does copyright NOT specifically protect?
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How does intellectual property benefit creators?
How does intellectual property benefit creators?
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Which of the following protects the external appearance of a product?
Which of the following protects the external appearance of a product?
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What is primarily recognized as the owner of an idea?
What is primarily recognized as the owner of an idea?
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Which of the following best describes utility models?
Which of the following best describes utility models?
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What are the components of the financial statements as mentioned?
What are the components of the financial statements as mentioned?
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Who has the authority to approve changes in the by-laws?
Who has the authority to approve changes in the by-laws?
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Under what circumstance can a partner or shareholder exit the company?
Under what circumstance can a partner or shareholder exit the company?
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Which of the following roles do auditors play in a company?
Which of the following roles do auditors play in a company?
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What must happen for the proposed distribution of earnings to be effective?
What must happen for the proposed distribution of earnings to be effective?
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What does Art 273 state about the appropriation of earnings?
What does Art 273 state about the appropriation of earnings?
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Which of the following is NOT a recognized cause for shareholder exit according to the Corporate Enterprises Act?
Which of the following is NOT a recognized cause for shareholder exit according to the Corporate Enterprises Act?
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What is indicated by the requirement that equity should not be less than social capital after earnings distribution?
What is indicated by the requirement that equity should not be less than social capital after earnings distribution?
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Which type of illegal advertisement involves depicting individuals in a discriminatory manner?
Which type of illegal advertisement involves depicting individuals in a discriminatory manner?
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What characterizes a misleading advertisement?
What characterizes a misleading advertisement?
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Which type of advertisement is considered unfair according to competition law?
Which type of advertisement is considered unfair according to competition law?
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What does subliminal advertisement aim to do?
What does subliminal advertisement aim to do?
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Which of the following constitutes an illegal advertisement involving certain products?
Which of the following constitutes an illegal advertisement involving certain products?
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Which type of advertisement is disseminated without a prior advertising contract?
Which type of advertisement is disseminated without a prior advertising contract?
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What is a common characteristic of unfair advertisements?
What is a common characteristic of unfair advertisements?
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What type of advertisement could affect both consumer behavior and competitor actions?
What type of advertisement could affect both consumer behavior and competitor actions?
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What role does an advertising agency primarily serve in the advertising process?
What role does an advertising agency primarily serve in the advertising process?
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Which type of contract specifies the content, cost, and placement of advertisements?
Which type of contract specifies the content, cost, and placement of advertisements?
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Who primarily participates in the advertising process?
Who primarily participates in the advertising process?
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Which of the following describes a supplier of advertising time or space?
Which of the following describes a supplier of advertising time or space?
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What is a primary purpose of modifying the legal regime around competition and advertising in Spain?
What is a primary purpose of modifying the legal regime around competition and advertising in Spain?
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In what way has the role of advertising agencies expanded historically?
In what way has the role of advertising agencies expanded historically?
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Which term refers to individuals or firms trying to attract customers using advertisements?
Which term refers to individuals or firms trying to attract customers using advertisements?
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What is the primary responsibility of an advertiser in the context of advertising?
What is the primary responsibility of an advertiser in the context of advertising?
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What is a primary purpose of a Sponsorship Agreement?
What is a primary purpose of a Sponsorship Agreement?
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Which of the following is NOT typically an issue addressed in a Sponsorship Agreement?
Which of the following is NOT typically an issue addressed in a Sponsorship Agreement?
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In case of conflicts under a Sponsorship Agreement, which entities primarily handle conflicts?
In case of conflicts under a Sponsorship Agreement, which entities primarily handle conflicts?
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What type of court is the First Instance commercial court?
What type of court is the First Instance commercial court?
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What role does a special entity like the Asociación para la regulación de la Comunicación Comercial play?
What role does a special entity like the Asociación para la regulación de la Comunicación Comercial play?
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Which of the following is a possible action that can be taken against unfair advertising behavior?
Which of the following is a possible action that can be taken against unfair advertising behavior?
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What is one of the rights typically defined within a Sponsorship Agreement?
What is one of the rights typically defined within a Sponsorship Agreement?
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Which court follows after the First Instance commercial court in the hierarchy of conflict resolution?
Which court follows after the First Instance commercial court in the hierarchy of conflict resolution?
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Study Notes
Case 1: Legal Tools
- Legislation is a set of laws proposed by a country's government and approved by parliament.
- Legislation applies to a specific territory.
- Legislation can also be a set of laws that await approval (a bill).
- Legislation regulates a state's government, relationships between government entities and citizens, and relationships between citizens.
- Legislation aims to solve existing legal problems and develop solutions for new problems.
- All legislation within the European Union, Spain, and Catalonia must be consistent.
- The EU hierarchy of legislation includes treaties, regulations, directives, and decisions.
- National laws must respect the EU principles and the country's constitution.
- International treaties need formal approval.
Case 1: Legal Tools Continued
- There's a hierarchy between EU legislation and national legislation.
- European treaties must be included in national legislation.
- Catalonia laws should not contradict Spanish laws.
- The most important law in a country is its national constitution.
- Governments cannot sign deals that violate constitutional rights.
- Spanish and Catalan legislations have the same power, yet distinct scopes.
- The EU intervenes in cases affecting multiple countries.
- The Pyramid of Regulations in Spain is structured with the Spanish Constitution at the apex, followed by organic laws, ordinary laws, and national regulations. The Pyramid in Catalonia has a similar structure, with the Spanish and Catalan statuses of autonomy as separate levels.
Case 1: Legal Tools (Courts)
- Hierarchy of courts varies between EU, Spain, and Catalonia.
- EU courts include
- Civil service tribunal (hears cases involving EU civil service).
- Specialized courts (specific topic-focused)
- General Court (EU general jurisdiction court)
- Court of Justice of the European Union (the highest appeal court).
- Spanish courts include a first-instance court, provincial court, Superior Tribunal of Justice of Catalonia (for Catalonia-specific issues), and the Supreme Court.
- Each court handles different types of cases.
- Case resolution depends on specific topics (national or EU laws, or if it affects other counties)
- Different Spanish courts oversee different topics (civil, criminal, administrative)
Case 2A: Corporations, General Concepts
- A business person is someone who engages in commercial activity and profits from it.
- A business person operates according to commercial code (art. 1).
- A juridical person is an entity that's not a natural person but has legal personality, rights and responsibilities-it operates separately from its members.
- A physical person is an individual in full legal capacity.
- A non-profit organization can be a juridical person but is not a business person.
- To become a juridical person, a physical person must register with the relevant mercantile register.
Case 3: Business Entity Types
-
Personalist businesses are governed by the Commercial Code.
- General partnership: Requires at least two partners with unlimited liability.
- Limited partnership: Features limited partners with limited liability and general partners with unlimited liability.
-
Capitalist businesses are regulated by the Corporations Act.
- Limited share partnerships: A hybrid between partnerships and companies with limited liability for shareholders.
- Joint stock companies: (S.A. - Sociedad Anónima is a common type in Spain.) - Large companies with shareholders having limited liability to company debts.
- Limited liability companies (LLC): Another type of company, where investor's private assets are not at risk if the company fails,
Case 4: Advertisement and Publicity
- Advertisements aim to convince people to buy products/services/ideas.
- Advertisement law governs how information is conveyed to the public.
- Spanish law defines 'ADVERTISEMENT' as any communication designed to promote the acquisition of products/services/rights and obligations.
- Several Advertisement types are regulated. These may include but are not limited to: misleading advertisement, unfair advertisement (harming other companies), subliminal advertisement, illegal product advertising (health, gambling, alcohol). Surreptitious advertisements are often prohibited as contracts have to be in place.
- Violations of consumer protection law are serious infractions with possible legal penalties.
Case 5: Intellectual Property II
- Copyright law protects original works of authorship (literary, dramatic, musical, artistic).
- Authorship rights belong to the creator (artist, author, etc.)
- Copyright protection is automatically granted in many countries.
- Some countries allow voluntary registration.
- Intellectual Property includes industrial property (patents, trademarks) and industrial design.
- National protection is required in each country for a work to be legally protected.
Case 6: Antitrust
- Antitrust laws prevent companies from gaining excessive market power-they promote competition, protect consumers and businesses- these laws protect competitors and customers.
- Antitrust laws aim to stop abusive market behaviors like price fixing or monopolies, with consequences for violating companies.
- There are different market structures that include Monopoly, Oligopoly, and Perfect competition.
- Agreements, Abuse of dominant positions, and mergers are regulated in Antitrust law.
Case 7: Insolvency Process
- Insolvency occurs when a person or company cannot fulfil their financial obligations.
- A voluntary insolvency process is when the company initiates it by pursuing it through the courts, a compulsory process is when creditors initiate action in the courts.
- All creditors, including workers, the tax office and the treasury, and shareholders, are regarded as creditors in an insolvency procedure.
- The insolvency process is overseen by administrators who follow a set of guidelines.
Case 8: Special Cases of Single Member Companies and Corporate Groups
- Companies registered as single-member companies have special rules to be followed, often in relationship to their financial status, shareholders and management.
Case 9: Intellectual Property III (Copyright)
- Copyright law protects original creative work.
- The creator of the work has the copyright.
- Copyright is often automatic but registration can be necessary for stronger protection.
- Different types of works are protected by copyright law, including literary, musical, artistic, and performing arts.
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Description
Test your knowledge on business law concepts, including Limited Liability Companies, partnership liabilities, and intellectual property protection. This quiz covers fundamental aspects of company structures and the rights of shareholders. Challenge yourself and see how well you understand the requirements for establishing different types of companies.