{"id":4087,"date":"2020-10-13T09:00:21","date_gmt":"2020-10-13T07:00:21","guid":{"rendered":"https:\/\/immune.institute\/?p=4087"},"modified":"2020-10-13T09:00:21","modified_gmt":"2020-10-13T07:00:21","slug":"blockchain-y-derecho-de-sociedades","status":"publish","type":"post","link":"https:\/\/immune.institute\/en\/blog\/blockchain-y-derecho-de-sociedades\/","title":{"rendered":"BLOCKCHAIN AND COMPANY LAW"},"content":{"rendered":"<p>Author: Enrique Moreno Serrano \u2013 Of Counsel at Sacrist\u00e1n &amp; Rivas Lawyers and Blockchain in Legal lecturer at IMMUNE Technology Institute<\/p>\n<p>&nbsp;<\/p>\n<p>The <strong>Blockchain technology<\/strong> It can be the subject of multiple applications in the day-to-day of capital companies, as can be seen in the <strong>\u201cBlockchain in Law\u201d course\u201d<\/strong>, from next <strong>13 November<\/strong> will take place at IMMUNE Campus (Paseo de la Castellana, 89). While the current use of <a href=\"https:\/\/immune.institute\/en\/blockchain\/\">Blockchain<\/a> is mainly aimed at <strong>Listed companies<\/strong>, This does not preclude understanding its potential use within companies comprising a smaller number of partners, and especially in those that follow the limited company model, given that it is the most commonly used company type in practice.<\/p>\n<p>Indeed, the use of the <strong>Blockchain<\/strong> it can be analysed from different aspects, such as the functioning of the corporate organic structure, business activity, and financing, in addition to the company's own incorporation, or the impact it can have on corporate governance, both for public and private companies.<\/p>\n<p>In terms of corporate bodies, it offers great possibilities for use, especially with regard to general meetings and board meetings, the legal position of the shareholder or the liability of directors, in addition to its use in corporate transactions, such as M&amp;A.<\/p>\n<p>Specifically, with the decision on the agenda, the convening and holding of the meeting, the security regarding votes cast and resolutions made. From the shareholder's perspective, impinging on the valid transfer of their shares or holdings, controlling potential conflicts of interest and, above all, with the exercise of shareholder rights as this grants greater effectiveness and security. This can be seen in its impact on the right to information, the distribution of dividends, and also on the right to vote, which implies analysing which party is truly legitimized to vote, and how the vote is exercised, in addition to the possibility of issuing voting instructions from the ultimate investor to the registered shareholder, or the <strong>Use of Blockchain as a vote registry<\/strong> Received by the sender.<\/p>\n<p>Alongside these questions concerning the general meeting, the specialities regarding liability which administrators may incur through the use and <strong>data processing<\/strong> (<em>Big data<\/em>), or its impact on your corporate and business management activities.<\/p>\n<p>Precisely in the purely business sphere, special emphasis is placed on the protection of <strong>Intellectual and industrial property rights<\/strong>, as it allows for a more precise use of possible illicit utilisation and, above all, in smart contracts, which will allow us to understand what Smart Contracts are, what their limitations and possibilities are, both from a technical and legal point of view, how contracts are drawn up, how they are concluded and the speciality of their automatic execution.<\/p>\n<p>Another block in which the potential of Blockchain will be analysed focuses on corporate finance, specifically, on the study of the effects and possibilities that the <strong>Blockchain technology<\/strong> in relation to crowdfunding when a limited company decides to finance itself using these methods.<\/p>\n<p>Indeed, the emergence and development of crowdfunding in the last decade has led to the financing of business and professional projects in many different ways, some of which have a clear investment purpose, where the <em>crowd<\/em> seeks economic profitability. With Blockchain, these investment possibilities, mainly through ICOs, involve evaluating, firstly, what advantages and risks they have within the framework of crowdfunding, whether Law 5\/2015 on the Promotion of Business Financing is applicable here, as well as their impact on the organic structure and functioning. In a broader sense, it is of interest to know <strong>How platforms use Blockchain<\/strong>, and how it can help deliver more successful projects.<\/p>\n<p>Also, from this corporate finance perspective, controlling and processing information enables a quicker and more concrete understanding of the potential risks facing the company, how to address them, as well as the possible economic crisis situation that could affect the company's solvency, and to what extent it might impact access to credit.<\/p>\n<p>Ultimately, as can be observed, there are numerous areas where Blockchain can be applied to capital companies, both in their formation and in economic crisis situations; in the functioning of the administrative body and the general meeting; or in pure business management, both in relation to their assets and when entering into contracts with third parties.<\/p>\n<p>The importance that all these aspects have for the day-to-day running of capital societies justifies the relevance of holding this course at the facilities of <a href=\"https:\/\/immune.institute\/en\/\">IMMUNE Technology Institute<\/a> delivered by subject matter experts, from both a legal and technological perspective. To undertake this course, which has a duration of 40 hours and will commence in November, no prior knowledge is required. For further information, you can consult both our <a href=\"https:\/\/bit.ly\/3mtqMiQ\" target=\"_blank\" rel=\"noopener\">website<\/a>, where you can find all the information you need about it, or by clicking <a href=\"https:\/\/bit.ly\/3kCvU3C\" target=\"_blank\" rel=\"noopener\">here <\/a>and downloading the programme.<\/p>","protected":false},"excerpt":{"rendered":"<p>Autor: Enrique Moreno Serrano &#8211; Of Counsel en Sacrist\u00e1n &amp; Rivas Abogados y&nbsp; docente Blockchain in Legal en IMMUNE Technology Institute &nbsp; La tecnolog\u00eda Blockchain puede ser objeto de m\u00faltiples aplicaciones en el d\u00eda a d\u00eda de las sociedades de capital, como se podr\u00e1 comprobar en el curso \u201cBlockchain in Legal\u201d, que desde el pr\u00f3ximo [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":8188,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"ai_generated_summary":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-4087","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog"],"acf":[],"_links":{"self":[{"href":"https:\/\/immune.institute\/en\/wp-json\/wp\/v2\/posts\/4087","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/immune.institute\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/immune.institute\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/immune.institute\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/immune.institute\/en\/wp-json\/wp\/v2\/comments?post=4087"}],"version-history":[{"count":0,"href":"https:\/\/immune.institute\/en\/wp-json\/wp\/v2\/posts\/4087\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/immune.institute\/en\/wp-json\/wp\/v2\/media\/8188"}],"wp:attachment":[{"href":"https:\/\/immune.institute\/en\/wp-json\/wp\/v2\/media?parent=4087"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/immune.institute\/en\/wp-json\/wp\/v2\/categories?post=4087"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/immune.institute\/en\/wp-json\/wp\/v2\/tags?post=4087"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}