You may be wondering what linked transactions are and how they are used. The truth is that they are a relationship that is made between natural persons, legal entities or between both.
Today we are going to talk briefly about what these types of binding operations are and how they work. It’s a pretty interesting topic that you’re probably interested in learning about. If you need advice on related-party transactions, you can contact us for advice on this matter.
What is a binding and a non-binding operation?
Operations are those that are generated between subjects that have a certain relationship between them. There are two types of operations, binding and non-binding, then we will briefly talk about these two types. If you want to know in more detail what linked operations are, you can contact us here.
Binding operations
These types of commercial transactions are carried out between two dependent subjects and are characterized because they have special treatment. These types of transactions are usually closely monitored by the treasury.
The subjects involved in this type of operation usually have some kind of link. For example, an operation between two companies belonging to the same consortium, close relatives and the like.
Non-binding operations
As for the non-binding ones, we have that it is a commercial transaction between two independent subjects. Most of the transactions that are carried out are usually of this type.
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Main characteristics of binding operations
Binding operations usually have some distinctive features. These can be found in law 27/2014 of November 27 and specifies how to determine a binding operation. If you want to know in more detail what linked operations are, you can contact us here.
- It can occur between a company and its partners or shareholders.
- It can occur between a company and the directors in office, except in particular cases.
- It occurs between a company and relatives of a partner or shareholder up to third level in direct line. This also includes spouses.
- Two companies belonging to the same group or owners.
- A company and the administrators of another company belonging to the same group.
- A Spanish company and its establishments abroad.
- A company and another company that has a stake in the former with at least 25% of the shares.
Types of binding transactions
There are three types of binding transactions that can occur and this will depend directly on the relationship between different people, whether legal or natural. Next, we will talk a little more about what these types of operations are and how they work. If you want to know in more detail what linked operations are, you can contact us here.
Binding transaction between natural persons
When talking about a related operation between natural persons who have a certain degree of kinship. In order to be qualified as such, this must occur up to the third or fourth degree of kinship. For example, a parent and child can be categorized as a linked transaction.
Binding transaction between legal persons
As for a relationship between two legal persons, this is determined from the shareholding burden that the other company has on it. According to the legislature, at least a 25% stake is required for the operation to qualify as binding between the two companies.
For example, a binding transaction between two legal entities could refer to a transaction between the parent company and a subsidiary. Although it is part of the same group, these two are different companies, but they share a link between them.
Binding transactions between legal and natural persons
Finally, we have this type of operations that occur between a legal person and a natural one. Finally, we have this type of operations that occur between a legal person and a natural one. In the same way, it can occur in the event that it is between an employee and the company.
In the Boe you can find more information about What are linked operations and what laws could affect you.