What is a UTE and how is it constituted?
OThe famous UTE, or company temporary union, is basically the legal trick for several companies to meet - but only for a while - with the objective of curving together a Toccho project. Think of great public works, roll to build an airport or set up a highway. They do not marry forever, just just to catch the contract, share curro, resources and, of course, pasta or losses according to touch. And be careful, do not create a new company, rather, it's like a "come together for convenience."
In Spain, all this is controlled by Law 18/1982. Yes, the law has more years than many memes. This law says that UTES must have a clear objective and a life with an expiration date, no eternal alliances.
To set up an UTE, companies have to sign a contract - the typical, papers and more papers - where they make it clear who makes what, how the benefits (and the brown) are distributed, how long the tinglado lasts and anything else that may be a reason for anger later. All well tied, that the problems then come.
But the contract is not enough. The UTE must be registered in a special registry, within the Mercantile Registry. If you do not, you run out of the tasty tax benefits that the State promises you. And of course, nobody wants to lose a tax reduction.
An important detail: the UTE is not a legal person as such. You cannot go there by buying things or signing contracts as if it were an independent company. It is the "mother" companies that get wet and answer for what happens. Now, that does not mean that the UTE can move in the economic world: you can catch contracts, have assets, present yourself to competitions ... the typical.
For many companies, especially if they want to enter toucha tenders, the UTE is the ideal path. They add forces, take away fears and, if it goes wrong, at least you don't eat the brown you alone. Of course, you have to do the paperwork well and comply with the law, because if not, then the dislikes arrive. Therefore, his thing is to catch a lawyer who knows the subject and helps you ride the UTE without a goal for you. If not, then the crying come.