Royal Decree-Law 21/2020, of June 9, on the so-called "new normal," was published in the Official State Gazette (BOE) on June 10, 2020. It establishes a series of urgent measures for prevention, containment, and coordination throughout the national territory, effective once the state of emergency expires (June 21, 2020). Among other measures, in the commercial and corporate sphere, the possibility of holding meetings of governing and administrative bodies by videoconference or multi-party telephone conference is extended until December 31, 2020, even if not provided for in the bylaws. Furthermore, resolutions may be adopted by written vote without a meeting, provided the chairperson so decides or at least two members of the body request it. Furthermore, the right of consumers and users to terminate contracts for the sale of goods or the provision of services, including those of successive performance, for a period of 14 days is extended to the de-escalation phases and during the period of the new normal.
We inform you that Royal Decree-Law 21/2020, of June 9, on urgent measures for prevention, containment and coordination to deal with the health crisis caused by COVID-19, better known as the Decree of the so-called "new normal" approved by the Government, has already been published in the Official State Gazette (BOE)
Specifically, Royal Decree-Law 21/2020, of June 9, establishes a series of urgent prevention, containment, and coordination measures for the entire national territory, aimed at guaranteeing the right to life and the protection of health for the duration of the health crisis caused by COVID-19, once the state of emergency (June 21, 2020) and the extraordinary measures established under it have expired. Among other measures, the following changes have been made in the commercial and corporate sphere:
Meetings of the governing and administrative bodies by videoconference or multiple telephone conference, and voting on agreements
Sections 1 and 2 of Article 40 of Royal Decree-Law 8/2020, of March 17, on urgent extraordinary measures to address the economic and social impact of COVID-19, are amended to:
- Extend until December 31, 2020, even if the statutes did not provide for it, the possibility that the sessions of the governing and administrative bodies of associations, civil and commercial companies, the governing council of cooperative societies and the board of trustees of foundations, be held by videoconference or by multiple telephone conference and
- That its agreements can be made by written vote and without a session whenever the president decides or when requested by at least two of the members of the body.
Expiry periods for registry entries
Effective from June 10, 2020, the suspension of the expiry periods of registry entries susceptible to cancellation due to the passage of time (provided for in Royal Decree-Law 8/2020, of March 17) is lifted, with their calculation resuming on that same date.
Termination of contracts for the sale of goods or the provision of services, and package travel contracts
Sections 1 and 4 of Article 36 of Royal Decree-Law 11/2020, of March 31, which adopts additional urgent measures in the social and economic sphere to deal with COVID-19, are amended as follows:
- The right of consumers and users to terminate contracts for the sale of goods or the provision of services, including those of successive performance, is extended to the de-escalation phases and during the period of the new normal , for a period of 14 days from the impossible execution of the same , provided that the validity of the measures adopted that have motivated the impossibility of its fulfillment is maintained.
- Proposals for revision aimed at restoring the balance of interests in the contract will be subject to acceptance by the consumer or user.
- It will not be possible to obtain a revision proposal that restores the reciprocity of interests of the contract when a period of 60 days has elapsed since the request for contractual termination by the consumer or user without there being an agreement between the parties on the revision proposal.
- In the case of package travel contracts that have been cancelled due to COVID-19, the consumer or user may choose to (i) request a full refund of any payment made, which must be paid no later than 14 days or (ii) accept a voucher to be used within one year from the end of the validity of the state of alarm and its extensions, for an amount equal to the refund that would have been due.
Commercial communications from entities that carry out a gambling activity
On the other hand, Article 37 of Royal Decree-Law 11/2020, of March 31, relating to the measures restricting commercial communications of entities that carry out a gambling activity regulated in Law 13/2011, of May 27, on the regulation of gambling, is repealed.
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A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
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