On October 7, 2017, came into effect the Royal Decree- Law 15/2017, of October 6, for urgent measures regarding mobility of economic operators within the national territory, which establishes that the board of directors of the company has the competence to relocate the registered office within the national territory.
Therefore, article 285.2 of the Spanish Corporate Law is worded as follows:
“2. By exception to what is established in the previous section, the board of directors shall be competent to change the registered office within the national territory, unless otherwise provided in the bylaws. It will be considered that there is an opposite provision of the bylaws only when they expressly state that the board of directors does not hold this competence. «
In accordance to the above said, it will be understood that there is an opposite provision of the bylaws only if, after the entry into force of this Royal Decree-Law, is approved a bylaw amendment in which is expressly declared that the board of directors has no competence to modify the registered office within the national territory.