MASCs and the Key Points Explained by Cristina de Santiago in Autónomos y Emprendedores

In a recent feature for Autónomos y Emprendedores, Cristina de Santiago, Managing Partner at act legal Spain, analyses the real impact of MASC on self-employed individuals and small businesses.

Cristina warns that many courts are applying the requirement with such strictness that they dismiss claims over very minor formal errors. The lack of uniform criteria creates legal uncertainty and obliges parties to overdocument every step.

She also points out that the prior procedural step is being used strategically to slow down proceedings: responses filed on the last possible day, formal objections regarding representation, or ambiguous communications unnecessarily prolong the preliminary phase.

The impact is especially severe in the corporate sphere, where minority shareholders are disadvantaged while the majority can move ahead with decisions rapidly. Cristina describes this as an additional layer of inefficiency that fails to address the structural sluggishness of the justice system.

Her message is clear: without a reform that simplifies and harmonises criteria, MASCs risk becoming an obstacle to legitimate claims.

Read all the details here.