A human hand and a robotic hand shaking, technology and advice on setting up a company

Company formation in Spain

Limited company, public limited company, branch or EU company: we set up and register your company in Spain, in English, and deal with the Commercial Registry, the Tax Agency and Social Security for you.

Write to us

Company formation in Spain: lawyers who set up and register your company

If you have an idea to start a commercial activity in Spain, prepare your business plan and your marketing strategy, and we'll help you with the legal aspects. The drafting of the Articles of Association of a company is essential for the smooth running of a company.

Our legal advisors will help you to define your Limited Liability Company or Public Limited Company according to your interests so that it can be properly entered in the Commercial Register. In case you have something different in mind, we can also help you with the incorporation of a private civil company or a cooperative.

From company registration in Spain to corporate services and company secretarial services once you are trading, one team looks after it all, in English, for founders and foreign companies alike.

Become self-employed in Spain. If you are more interested in becoming self-employed, find more information here.

Write to usTalk to an expert

Questions before creating a company

Abigail Sked answers all the questions about how to set up a business in Spain, do you already know which type of company suits your business better?
  • Since 1976 advising companies in Barcelona
  • In your language Spanish, Catalan, English and French
  • In person and online in Barcelona or by video call
  • One single team corporate, tax, payroll and immigration, coordinated

Why choose Conesa Legal for your startup?

Conesa Legal brings together every service your startup needs on the legal and administrative side, at each stage. From the first idea and the incorporation of the company through to funding rounds and international expansion, our team is with you at every step.

Proven experience

More than 50 years advising companies in Barcelona give us a deep understanding of the local legal and business environment. We have worked with three generations of entrepreneurs and know the challenges of each era.

360° advice under one roof

We offer every legal and management service a startup needs in a single firm. One team covers company law, tax, accounting, employment, data protection and compliance, so nothing is fragmented and you save time.

Specialists in technology startups

We understand what innovative and technology-driven companies need. Our team keeps up to date on entrepreneurship, investment and new technologies, and works at the pace your startup grows.

Multilingual and international support

Our team can work with you in Spanish, English, French or Catalan, and we know what starting a business in Spain involves for a foreign national. We handle the formalities for non-residents, and we belong to a global network of allied firms (Aliant Law) for when your business crosses borders.

Transparency and a close relationship

We believe in a relationship built on trust. Clear communication from day one about what we will do and what it costs. Our price packages are transparent, with no surprises, and a dedicated adviser gets to know your project in depth. We stay one message or one call away.

Other ways of establishing your business in Spain and in Europe

Becoming self-employed in Spain

Working as a self-employed professional in Spain means taking on tax, accounting and Social Security obligations that are worth knowing before you register. You have to choose the right way to be taxed, register under the correct activity headings, file your taxes periodically and contribute on the base that best fits your personal and professional situation.

At Conesa Legal we are with you through the whole process: we look at your case, advise you on the best way to start, handle the registration with the Tax Agency and Social Security, and take care of your day-to-day tax and employment obligations. You can then concentrate on your business, with a team of lawyers and advisers checking each step to avoid mistakes, surcharges or needless penalties.

If you are considering working as a self-employed professional, this page may help

Meeting room at the Conesa Legal office in Barcelona

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 might be suitable for you.

Check this link to see the differences between a limited liability company and a public limited company in Spain, or whether a multinational corporation should establish itself as a branch or permanent establishment.

Cargo ship seen from the air, international trade

Setting up an EU company in Spain

But, in case of a EU company there is no need to set up a branch, but the company needs to be registered in the Tax Authority office and in the Social security office. If you need assistance also for that, we can help you.

The EU company only will need a Spanish ID number (NIF) for no residents, and the company will need also a digital certificate. In order to apply for both we will need power of attorney (POA) to apply for both, signed in the notary and with Hague Apostille and translated. Contact us to manage it.

The individuals will need the NIE (Foreign ID for individuals) of the fiscal representative of the company. You can apply for it in the Spanish consulate in your country, and this NIE has to be registered in the Tax office. Contact us to help with it.

Corridor of the Conesa Legal offices in Barcelona

Setting up a company in Europe

Through our Aliant network we can provide you service to set up a company at any country in Europe.

Download main differences info between countries here and contact our corporate lawyers for more information.

Meeting room at the Conesa Legal office in Barcelona
Working meeting at the Conesa Legal offices

Company set-up initial meeting

Barcelona Commercial Registry. Our lawyers will advise you step by step throughout the process of setting up your company, and we will also carry out all the formalities required to register it with the Commercial Register, with the Tax Authorities using form 036, and with the Social Security, processing the registration of the workplace and/or the freelancer.

Contact us so that we can facilitate the registration of your company: company set-up initial meeting.

Write to us

Tell us about the company you want to set up

Three quick questions, then your contact details. It takes about a minute.

  1. What would you like to set up?

    Skip the questions and go straight to the form

Your contact details

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:

Twelve steps, in three phases. Choose a step to read what it involves and what we handle for you.

We request 3 names in case any of them are already taken. Please provide us with 3 names that you would be interested in asking the Commercial Registry about.

Write to us

The content of which is important because it regulates the functioning of the company, defining important aspects such as the company's corporate purpose, the company's administrative body and the shareholders' meeting, the dissolution of the company, etc.).

Write to us

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).

Write to us

If there are shareholders, it will be necessary to go to a Notary to sign the public deed establishing the incorporation of the company. Various documents must be submitted, such as the articles of association, the negative certification of the company name issued by the Central Commercial Register, the certificate from the bank confirming the deposit of the share capital, as well as the identification documents of each of the shareholders.

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 in which a partner's contribution to the share capital does not consist of money, it is necessary to submit a detailed list of the assets, including their description and valuation, as well as the number of stocks or shares allocated to such contribution. In the case of real estate, for example, the property's registration details will be required.

Write to us

This is a code that you must use in all documents related to your company, both during the company incorporation process and when submitting tax returns and issuing invoices for the business activities carried out.

Write to us

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.

Write to us

We carry out the registration of the notarised deed with the Commercial Registry in order to legally formalise the acts and agreements set out in the deed. This step is essential in order to publicly disclose and give legal validity to the terms and conditions governing the incorporation and operation of the company.

Write to us

To establish the fiscal and legal status of the company, ensuring that it is duly registered and authorised to carry out its economic activities.

Write to us

To establish the company's employment relationship with Social Security, ensuring compliance with contributory obligations and the provision of the corresponding benefits and coverage for workers.

Write to us

To formalise the director's employment situation, ensuring his or her coverage in terms of social security and complying with the obligations established by the governing regulations.

Write to us

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.

Write to us

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: how to obtain the digital certificate.

Write to us

Talk to our company formation lawyers

Tell us what you want to set up: a limited company, a branch or the subsidiary of a foreign group. We will tell you the steps, the timeline and the fees before we start.

Tel. +34 932 020 256

CONTACT US ➜

Possible shareholder's agreement

To set out the rules and agreements governing the relationship between the shareholders. Some of the areas commonly covered in these agreements are:

Governance and the partners' commitments

  • Management body
  • Obligation of confidentiality
  • Resolution in the event of deadlock during decision-making
  • Exclusivity or non-exclusivity of the partners with regard to the company
  • Non-compete clause
  • Post-contractual non-compete clause
  • Intellectual property: ownership and modes of use
  • Establishment of rules for the entry and exit of shareholders
  • If the partners must provide services to the company, what those services will be and the remuneration provided
  • The amount of time each partner is required to devote to the company
  • Distribution of dividends (%)
  • Re-enforced matters that require the vote of approval of certain partners in order to be carried out
  • Dispute resolution

Transfer of company shares

  • The period of permanence of the partners: period during which the partners are obliged not to sell their shares
  • Exit scenarios of the founding partners from the company
  • Transfer of shares between partners
  • Transfer of shares upon death: pre-emptive rights of shareholders against transfer by inheritance
  • Transfer of shares to third parties
  • Pre-emptive right of the other shareholders to acquire the shares intended to be transferred
  • Tag along: If one of the shareholders wishes to transfer all or part of his shares, the other shareholders are entitled to exercise a right to follow suit
  • Drag along: In the event that one or more shareholders receive an offer to sell their shares, the other shareholders must also sell the shares to the third party, under the same terms and conditions

Read more about the content, function and legal effect of Shareholder's Agreements here.

After the creation of your company

Management of day-to-day administration

On a day-to-day basis we advise you to contract our services of:

  • Commercial management for the minutes of shareholders and board of directors, as well as the filing of commercial records.
  • Fiscal management for tax obligations, tax returns and accounting.
  • Payroll management for the preparation of payslips.

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

Lawyer reviewing company records at Conesa Legal

Commercial advice

We advise you on the commercial contracts of your activity, in addition to company agreements.

  • Commercial advice: commercial transactions and contracts, and online signature management.
  • Consultancy and corporate administration. Annual shareholders' meeting, annual accounts, and maintenance of books of minutes.
  • Notarised deeds: amendments to articles of association and registration in the Commercial Register.

You will be confident in the knowledge that the company's agreements and the contracts you sign will be well supervised and studied by lawyers who specialise in commercial law.

More information
Meeting room at Conesa Legal, Barcelona

Tax and accounting consultancy

Our team of economists and business specialists can help you with the necessary reports and viability plans for objective dismissal, collective dismissal and/or insolvency proceedings.

We help you with accounting and filing quarterly and annual taxes: Immediate Information Supply, VAT, IS, IRPF, etc.

More information
Tax and accounting team of Conesa Legal

Labour law advice

You will have all the information you need to make the best decisions. We have a team of labour lawyers and social graduates who deal with, negotiate and defend the contingencies that arise in your company: labour inspections, LISOS sanctions, sanctions against workers, termination of contracts for objective reasons, and individual or collective dismissals. ERTES, collective bargaining, etc.

Your day-to-day work will be enhanced by employment lawyers who solve the queries and conflicts that are both common and necessary for the company to grow and improve.

More information
Employment law team of Conesa Legal

Payroll management

We manage the payroll and related matters that arise in the day-to-day running of a company: registration and deregistration with social security, drafting of contracts, temporary contracts, medical leave, leave of absence, etc.

Our life has different stages. For years, thanks to our Social Security team, we have been assisting in these changes as they occur, processing and advising on disability benefits, widows' and widowers' pensions, retirement pensions, etc.

More information
Payroll documents being prepared

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 the Spanish authorities.
  2. Renewal of Permits: If you are already in Spain, we will assist you in the process of renewing your residence permit, ensuring a smooth transition and avoiding possible legal complications.
  3. Advice on Immigration Procedures: Our specialised team will advise you on all immigration procedures, including changes of employment status, family reunification and other specific situations.
  4. Processing of Employment Permits: We will assist you in obtaining employment permits to work in Spain, ensuring that you comply with all labour and immigration regulations.

Payroll management for foreign workers.

  1. Social Security registrations and deregistrations: We manage Social Security registrations and deregistrations, ensuring that foreign workers are duly registered and comply with their social security obligations.
  2. Drafting of Contracts and Temporary Hiring: We advise on the drafting of employment contracts and manage the temporary hiring of foreign workers, ensuring compliance with Spanish labour regulations.
  3. Permits and Leaves of Absence: We manage the procedures related to permits and leaves of absence for foreign workers, ensuring that the legal requirements are met and that employees are duly protected.

Social Security and Advice on Changes of Life Stage

  1. Pension and Retirement Processing: Our Social Security team assists you with the processing of pensions and retirements, providing you with the necessary guidance at every stage of your working life.
  2. Advice on Disability and Widowhood Pensions: We offer you specialised advice on disability and widowhood pensions, ensuring that you receive all the information you need to make informed decisions.
More information
Meeting room at the Conesa Legal offices

Setting up a company in Spain

If you need all of the possible information about how to set up a company in Spain, check out the following link: A practical guide to setting up a limited company in Spain.

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

All you need to know before creating a company in Spain

What makes someone eligible to set up a company in Spain? In terms of age, nationality of the person who will set up the company, etc.

They must be of legal age and may be of any nationality, but they must have a NIE (foreigner’s identity number) in Spain.

What documents are required?
  1. Certificate of Unique Company Name (Certificado Negativo de Denominación Social).
  2. Articles of Association (Estatutos sociales). We can draft these for you.
  3. Proof of the deposit of the minimum Share Capital into a Spanish bank account
  4. Spanish identification numbers of the shareholders and directors (either a DNI or, in the case of foreigners, a NIE)
  5. Foreigners will also need a valid passport or identification card from their country of origin
What are the related fees, including your legal fees?
  • The exact fee depends on the characteristics of the company (capital, number of shareholders, business activity, number of administrators, etc.).
  • Contact us here to find out our standard fee. Notary and Commercial Registry fees are approximately €700.
Will I need to travel to Spain to set up the company? If so, for how long?

Both the shareholder(s) and the director(s) must come personally to Spain to sign at the notary's office. Otherwise, they must grant power of attorney in favour of a third person who represents them and who can sign in their place.

What's the processing timeline and step by step procedure?
  • We will ask you to register here on our website as a client so that we can send you a quote. You’ll need to accept the quote and send us a provision of funds in advance.
  • You must provide us with the name of the company, address, business activity, and name and surname of the shareholders and directors so that we can prepare the Articles of Association.
  • Signing of the deed of incorporation at the notary's office.
  • Registration of the deed in the Commercial Register.
  • Processing of the company's Tax Identification Number (NIF).
  • Administrative actions following incorporation, when you wish to start your business activity: registration of the company with the AEAT (Tax Agency), registration of the director with the TGSS (payment of the monthly self-employed fee), processing of the digital certificate.
Approximately how long does it take to set up a company?

One month minimum

What are CONESA LEGAL’s standard fees for setting up a company? Are there also any official governmental fees to pay?

Follow this link to find out more about our fees for the incorporation of a limited liability company. You will need to factor in third-party fees for the Notary and the Commercial Registry as well, and we can advise you on how much this should cost in your case.

How much does the annual maintenance of the company cost, including renting an office, accountant fees, etc.?

Click on the following links for information about the services we offer to support the day-to-day running of your company: we offer ongoing services to companies with regards to the fulfillment of their fiscal, legal and/or commercial obligations, and payroll.

Are there any preferential tax programs or financial assistance available for tech companies and start-ups?

Depending on the specific characteristics of the company, you could look into getting certified as a start-up (which has tax advantages, amongst other benefits) or applying for a loan from Enisa.

Can the shareholders and directors be foreigners?

Yes, they can. However, as mentioned above, they would need to apply for Spanish identity numbers for foreigners (NIEs).

Would it be necessary to open a corporate bank account?

The new Spanish company would need to have a bank account here in Spain because governmental agencies for tax and social security obligations require the details of a Spanish bank account.

Does the incorporation of the company facilitate the procedure of getting of a residence permit? How much would it cost to obtain a residence permit? What are some other residency programs that might be of interest to me (digital nomad, for example)?

Check out this link to find out more about our expert immigration lawyers who can help you with visa and residency questions.

Which type of company suits me to start with, an SL or an SA?

For most SMEs and startups, the limited company (sociedad limitada, SL) is the quickest and most flexible form. The public limited company (sociedad anónima, SA) is usually kept for structures with larger capital, incoming investors or specific corporate governance requirements.

What are the steps to set up a company in Spain?

Reserving the company name, opening an account for the share capital, drafting the articles of association, signing the deed before a notary, obtaining the NIF, registering with the Commercial Registry, and the tax and employment registrations your activity requires.

What documents do I need as a foreign shareholder?

Usually a NIE or equivalent identification, a passport, address details and proof of the means of payment of the share capital. Where companies are shareholders, legalised or apostilled documents and sworn translations will be requested.

How much minimum share capital do I need?

A limited company (SL) can be set up with capital below €3,000 under a special regime, or with capital of €3,000 or more. For a public limited company (SA) the minimum is higher and the formal requirements are greater.

Ready to set up your company?

Answer three questions and leave us your details: a corporate lawyer gets back to you with the steps, the timeline and the fees.

GO TO THE FORM ➜

More on setting up a company in Spain

 © Conesa Legal, S.L.P.U.