Setting up a company
If you want to start a business in Spain, our lawyers will advise you at all times, offering the best options, possibilities and benefits for your company. Once the process of setting up your business is complete, our lawyers are available to assist you when required.
When setting up a company, a number of key factors must be taken into account: the number of partners, the amount of the share capital and the liability to third parties. Depending on the chosen legal structure, it will be necessary to carry out procedures for the adoption of a legal personality and outline the activities of the company.
If you reside outside of Spain and are unable to visit our office, we offer the option of contacting us via email, in the language of your choice, outlining your business idea. We will respond to you as soon as possible, offering a simple and effective solution.
After the consultation and once the idea is clear, we will send you a power of attorney contract to create your company. You sign this before a notary and return it to us. We will also forward instructions on completing this contract (must be certified- Apostille)
The next step is to decide on the name that you are going to give your company. The name of your company must be registered in the Central Mercantile Register, You are required to send us a variety of names, as original as possible. We will then check if any of these names are available for registration
If you and the shareholders of your company do not have a N.I.E (Identification Number in Spain), we will help you to obtain this number as it is necessary to operate in Spain.
Our lawyers are in charge of requesting an appointment with the foreigners office/immigration office to obtain your N.I.E, preparing all necessary documentation and paying the appropriate fees. Once the number is obtained, we will be responsible for registering it at the Spanish tax office.
By choosing the name of your company, carrying out the power of attorney and obtaining your N.I.E, you can then apply to open a bank account for the company. Although the account is not operational until the end of the incorporation process, you will be able to transfer the required minimum share capital deposit. After the transfer, the bank will issue a certificate of Share Capital for the company. This amount of money will be held in your bank account until the deed of incorporation of the company is signed and registered.
Once we have the necessary documentation prepared, we will seek an appointment at the Notary to sign the deed of incorporation of your company. In order to prepare the deed, in addition to the documentation that we have obtained throughout the process, we will need your Company´s Article of Association. This will be drafted based on the activity to be carried out by the shareholders. At this point, there should be a clear and stable view of the company.
This is the last step in setting up your company and consists of two stages.
Stage 1: To register the company with the Spanish tax authorities to obtain the C.I.F (Company identity number). We will request an appointment with the tax office and present the document Nº 036 (modelo 036) along with the documentation obtained during this whole process.
Stage 2: Present the previously signed deed to the Mercantile Registry. This process takes about 30 days, if everything is correct, your company will be formed and ready to commence activity.
In Spain, the system of notifications that the Tax authorities follows is not through ordinary post. The first thing to do, once the company is registered, is to request a digital certificate. This allows you to receive all communication, tax notification and submit any type of declaration. There is a three months period allowed after registering the company to obtain the digital certificate, for which Spania Legal will collect the code from the Spanish tax office on behalf of your company.