How to set up a company in spain

CREATE A COMPANY

Drafting the Bylaws of a company is essential for the smooth operation of a society. Our Legal Advisory will help you define your limited liability company or public limited company according to your interests. If something different suits you, we can also assist you in the establishment of a private civil society and a cooperative.

Be self-employed in Spain

If you are more interested in becoming self-employed, here you will find more information

ESTABLISHMENT OF A BRANCH OR PERMANENT ESTABLISHMENT IN SPAIN

It is also very important to find out if other forms of establishing a company in Spain are suitable for you.

Check this link to see the differences between a limited liability company and a public limited company in Spain, or whether it is advisable for a multinational corporation to establish itself as a branch or permanent establishment (Link).

BARCELONA COMMERCIAL REGISTRY

Our lawyers will guide you step by step to create your company, and we will also handle all the procedures to register it with the Commercial Registry, with the Tax Office through form 036, or with the Social Security by processing the registration of the workplace and self-employment.

Contact us to make it easier for you to register your company:

STEPS TO CREATE A COMPANY

Requirements for establishing a public limited company in Spain and for the establishment of a limited liability company in Spain:

1. The first step is to process the Request for a Negative Corporate Name with the Central Commercial Registry

 2. Advisory and Drafting of the Company's Articles of Association

The content holds particular importance as it regulates the company's operations, defining crucial aspects such as the Corporate Purpose, the Company's Board of Directors, the Shareholders' Assembly, and the dissolution of the company.

3. Opening of a Company Bank Account

We will require proof of the deposit of the company's social capital into a bank account under the company's name (at least €3,000 for an SARL or limited liability company, or €60,000 for a public limited company).

4. Signing of the Deed of Incorporation Before a Notary, Identifying the Company and Incorporating the Articles

In the presence of partners, consulting a notary for the signing of the notarized deed establishing the company's constitution is necessary. Various documents, including the articles of association, the negative certification of the company name from the Central Commercial Registry, the bank certification confirming the deposit of the social capital, and the identification documents of each partner, must be presented.

It is crucial to note that, in the case of partners married under the separation of property regime, the presentation of a notarized deed of separation of property will be necessary. For marriages under the community property regime, the spouse must participate in the signing of the notarized deed.

In situations where a partner's contribution to the social capital is not in cash, a detailed list of assets, including their description and valuation, as well as the number of shares or stakes assigned to this contribution, will be required. For example, for real estate, the presentation of cadastral data will be necessary.

5. Application for Tax Identification Number (NIF) from the Tax Agency

This code is essential for all documents related to your company, during the company formation process and the submission of tax declarations and the issuance of invoices for activities performed.

6. Processing of Payment for Property Transfer Tax (TSP) and Documented Legal Acts (AJD)

We handle the entire process to ensure compliance with your tax obligations, providing you with the peace of mind that your tax procedures are executed correctly.

7. Registration of the Notarial Deed with the Commercial Registry

We proceed with the registration of the notarized deed with the Commercial Registry to legalize the acts and agreements established in the deed. This step is crucial for providing publicity and legal validity to the terms and conditions governing the constitution and operation of the company.

8. Registration of Activity with the Tax Agency (Model 036) and Registration of the Tax on Economic Activities (IAE)

To establish the fiscal and legal situation of the company, ensuring proper registration and authorization to carry out its economic activities.

9. Registration of the Company with the Social Security Treasury

To establish the employment relationship of the company with Social Security, ensuring compliance with contributory obligations and the implementation of benefits and coverage for employees.

10. Registration of the Administrator in the Special Regime for Self-Employed Workers (RETA) and in the Contribution Account

To formalize the professional situation of the administrator, ensuring social security coverage and compliance with obligations established by current regulations.

11. Registration of Patents and Trademarks

We protect your intangible assets by registering patents and trademarks with the Spanish Patent and Trademark Office. We ensure the exclusivity of your logo, slogan, and products.

12. Request for Digital Certificate

You will then need to obtain and install a digital certificate on your computer to receive electronic notifications and proceed with the submission and payment of taxes.

You can find the necessary information for the online process here if you need it:

GESTION FOR DAY-TO-DAY OPERATIONS:

For day-to-day operations, we recommend that you hire our services for:

• Mercantile management for shareholder and board minutes, as well as the filing of mercantile books.
• Tax management for tax preparation and accounting.
• Payroll management for the preparation of payroll sheets.

Our management services are supported by Barcelona Legal Advisory, with lawyers who handle daily affairs.

AFTER THE CREATION OF YOUR COMPANY:

Commercial Advisory

We advise you on the commercial contracts related to your business activity, as well as the agreements of the company.

Commercial advice: commercial operations and contracts, and online signature management. Corporate advice and secretarial services. Annual shareholder meetings, annual accounts, and maintenance of minute books. Notarial deeds: statutory modifications and registration in the Commercial Registry.

You can rest assured that the agreements of the company and the contracts you sign will be well supervised and studied by lawyers specializing in commercial law. 

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Tax and Accounting Advisory

Our team of economists and business experts assist us in the reports and feasibility plans necessary for objective dismissals, collective dismissals, and/or bankruptcies.

We assist you in preparing the accounting and filing quarterly and annual taxes: Immediate Information Supply, VAT, corporate income tax, personal income tax, etc.

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Labour Advisory

You will have all the necessary information to make the best decisions. We have a team of labor lawyers and social graduates who focus on, negotiate, and defend the contingencies that arise in your company: labor inspections, LISOS sanctions, sanctions to workers, termination of contracts for objective reasons, and individual or collective dismissals. ERTEs, collective negotiations, etc.

Your day-to-day will be reinforced with labor lawyers who resolve doubts and conflicts that are common and necessary for the company to grow and improve. 

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Payroll Management

We manage the payrolls and contingencies that arise in the daily life of a company: social security enrollments and cancellations, contract drafting, temporary hiring, sick leaves, permits, and leaves of absence, etc.

Our life has different stages. For years, with our Social Security team, we have been helping in these changes by processing and advising on disability pensions, widows' pensions, retirements, etc.

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Foreign Affairs Management Services

1. Visas and Residence Permits: We will guide you in obtaining visas and residence permits, ensuring that all documents are in order and comply with the requirements set by Spanish authorities.
2. Renewal of Permits: If you are already in Spain, we will assist you in the renewal process of your residence permit, ensuring a smooth transition and avoiding possible legal complications.
3. Advice on Immigration Procedures: Our specialized team will advise you on all immigration procedures, including changes in employment status, family reunification, and other specific situations.
4. Processing of Labor Authorizations: We support you in obtaining labor authorizations to work in Spain, ensuring compliance with all labor and immigration regulations.

Payroll Management for Foreign Workers

1. Social Security Enrollments and Cancellations: We handle the procedures for social security enrollments and cancellations, ensuring that foreign workers are properly registered and comply with their social obligations.
2. Drafting of Contracts and Temporary Hiring: We provide advice on the drafting of employment contracts and manage the temporary hiring of foreign workers, ensuring compliance with Spanish labor regulations.
3. Permits and Leaves of Absence: We handle procedures related to permits and leaves of absence for foreign workers, ensuring compliance with legal requirements and the proper protection of employees.

Social Security and Advice on Life Stage Changes

1. Processing of Pensions and Retirements: Our Social Security team assists you in the processing of pensions and retirements, providing the necessary guidance at each stage of your working life.
2. Advice on Disability and Widows' Pensions: We offer specialized advice on disability and widows' pensions, ensuring that you receive the necessary information to make informed decisions.

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setting up a company in Spain

If you need all possible information about how to set up a company in Spain we offer you the following link:

• How to create a limited liability company
• Obligations and commercial contracts
• Setting up the workers' committee
• Steps to establish the company